Posted on 02/16/2004 7:37:32 PM PST by SwinneySwitch
Despite opposition from some GOP stalwarts, Steven Wayne Smith says he remains best for the job.
From a distance, it would seem that Steven Wayne Smith should be safely nestled in his seat on the Texas Supreme Court.
He is a Republican incumbent in a state firmly controlled by the party, an avowed conservative sitting alongside eight other GOP justices whose philosophies fall mere shades apart on the political spectrum.
But Smith has worn a target on his back since he upset Gov. Rick Perry's hand-picked favorite for the court in 2002.
In his brief tenure, Smith has never been fully welcomed into the party fold. Three justices face re-election this year, but only Smith's defeat is being sought by a substantial segment of his own party.
Because no Democrat has filed in the election, Republican voters will effectively decide who wins the seat when they pick between Smith and challenger Paul Green in the March 9 primary.
With incumbent Justice Harriet O'Neill unchallenged in the primary or general election and newly appointed Justice Scott Brister facing a long-shot Democratic challenger in November, the Smith-Green showdown has become the only real battle front among this year's races for the court that holds final sway over all civil disputes in the state.
While Smith has been banking modest sums to finance his re-election campaign, big money has been rolling into Green's coffers from political committees associated with law firms, business executives and GOP stalwarts.
Green is also a Republican incumbent judge, on the San Antonio-based 4th Court of Appeals, and also an avowed conservative.
Green says he is not running just as the anti-Smith and is "not here to criticize his performance."
But the race, which has already spawned more sniping than typical campaigns for lofty perches in the judiciary, is clearly as much about vanquishing Smith as electing Green.
"A large portion of the Republican leadership, the business community and the legal community would rather have someone else on the court," said James Huffines, a Perry loyalist, well-connected banker and University of Texas regent who is serving as Green's campaign treasurer.
Smith wafted to the high bench on invisible political currents. An Austin lawyer known for helping bring the Hopwood lawsuit, which stopped race from being considered for admissions and financial aid at the University of Texas, he stunned the Republicans in 2002 by beating Xavier Rodriguez in the GOP primary. Perry had appointed Rodriguez to a vacancy on the court, and most of the GOP leadership fell in behind his bid for a full term.
Smith had virtually no money or statewide renown but apparently benefited from having an Anglo name in a down-ballot race.
After winning the primary, Smith rode the crest of GOP dominance in the general election, defeating a Democratic opponent who received hefty contributions and backing from Democrats and Republicans.
Since joining the court, Smith has most often found himself in agreement with his colleagues. He notes that he has joined the majority in 95 percent of the cases he has helped decide, and he has written seven decisions.
Smith's judicial philosophy is bedrock conservative. He opposes affirmative action and "unlike the liberal elite . . . believes policy issues like abortion, education funding and homosexual rights should be decided by the Texas Legislature, not the courts," according to his campaign literature.
The court's proper role is extremely limited, Smith said in an interview, and should not include making any "substantial changes" in what the Legislature enacts. The state constitution is not a living document that should be stretched by the court in any way, he said.
"I have a proven track record as the strongest proponent of judicial restraint on the court," Smith said.
Smith boasts of strong backing from conservatives, including national Eagle Forum leader Phyllis Schlafly, former University of Texas Regent Ward Connerly, Texas Eagle Forum President Cathie Adams, Texans for Life Coalition President Kyleen Wright and U.S. Rep. Ron Paul, R-Surfside.
Former Congressman Kent Hance, now a lawyer and lobbyist serving as Smith's campaign treasurer, calls him a "sound, solid conservative."
Adams said Smith's conservatism partly explains why he isn't raising as much money as Green and why she is supporting him.
"There is no political reason that I can see for replacing Steven Wayne Smith," Adams said. "Big money can't always be trusted."
The big money has been flowing Green's way. He's raised almost $300,00 since announcing his candidacy, compared with about $42,000 raised by Smith in the past seven months.
Perry has not endorsed Green, and spokeswoman Kathy Walt said she does not "know of any plans" for him to do so.
But Green said he decided to enter the race after discussing it with Bill Jones, Perry's former general counsel, and that he's confident he has the governor's support.
During 10 years on the appeals court, which hears criminal and civil cases from 32 counties, Green said, he has authored more than 1,000 opinions. A business lawyer before joining the court, he also stakes out conservative turf, saying he follows the law with "no activism and no agenda."
Green's judicial philosophy is slightly less constrained than Smith's. Green acknowledges that sometimes the high court "is putting a final interpretive touch on the issues."
Their positions may be similar, but Green and Smith have both taken swipes at the other's qualifications for the bench.
Green said Smith was not a serious candidate when he first ran, has questioned Smith's qualifications and said "the people of Texas deserve better than that."
Smith, in turn, set off a small brouhaha in state legal circles when he criticized Green for having graduated from a "bottom-tier" law school: St. Mary's University in San Antonio.
St. Mary's, which counts U.S. Sen. John Cornyn, R-Texas, among its law graduates, demanded an apology, and Smith agreed to take the school's name off his campaign Web site, but the characterization remains.
Smith touts his own law degree from the University of Texas.
"I think there is a distinction (between) graduating from the best law school in Texas with honors and graduating from a lower law school without distinction," Smith said. "Not to disparage any institution."
dpasztor@statesman.com; 445-3631
This alone would make me vote for Green.
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