© 2013 The Texas Lawbook.
By Mark Curriden, JD
Senior Writer for The Texas Lawbook
(September 4) – Texas Supreme Court Senior Justice Nathan Hecht is widely believed to be the favorite or frontrunner to be the state’s chief justice.
Hecht, who has served on the state’s highest court for 25 years and is scheduled to become the longest serving justice in Texas history in 2014, says he wants the job and says he has made it clear to Gov. Rick Perry that he wants to be chief.
“I’ve been here a long time and I want to see all the good efforts of Chief Justice [Tom] Phillips and Chief Justice Jefferson continued, especially on issues of access to justice,” Hecht said.
“I obviously love this place and I offer a great deal of institutional continuity,” he said.
A handful of Hecht’s colleagues on the state Supreme Court and more than a dozen appellate lawyers said Wednesday that Hecht is the most qualified for the position and that they expect him to be chosen.
Of course, none of them have a vote. Only Gov. Perry knows who he is plans to pick and he has a record of unpredictability in making his judicial appointments. Other frequently mentioned candidates are Justice Eva Guzman and Justice Don Willett.
“I believe that whoever the governor selects, it will dovetail nicely with his political ambitions once he leaves the governor’s mansion,” said prominent political consultant Bill Miller of HillCo Partners.
Legal insiders say that Hecht, who is viewed as a staunch conservative with a pro-business voting record, is as close to a “no-brainer” as it gets for the governor, who gets to brandish his conservative credentials. Perry also would be able to appoint Hecht’s replacement.
“I realize the rumor mill is abuzz with various names, mine included, which is kind,” Willett said Wednesday. “But if Governor Willett were picking, Nathan would be my number one draft pick. Justice Hecht is already the heart and soul of the Court. He also deserves to be its head. Hopefully, Governor Perry will issue a concurring opinion.”
Willett said his best advice for Perry is to “clone Wallace Jefferson,” but that Hecht would be a “magnificent chief justice, and I fervently hope Governor Perry agrees. It’d be a well-deserved capstone to a peerless judicial career.”
“When I joined the Court in 2005, Nathan had more tenure than the other eight of us combined,” Willett said. “He’s the psuche of the Supreme Court – unrivaled intellect, cracker-jack writing, mastery of all things rule and administration-related, and a steadfast commitment to ensuring court access for low-income Texans.”
Hecht has been the long-time leader of the Supreme Court’s Rules Committee and he successfully pushed the Texas Legislature to increase jury pay from $6 a day to $40 in 2003.
A 1974 graduate of the SMU Dedman School of Law, Hecht has taken on an additional role in recent years as a leading advocate to increase public funding for legal aid for the poor and needy. Chief Justice Wallace Jefferson, who is resigning on Oct. 1, describes Hecht as a “forceful and effective lobbyist” on access to justice issues with the state legislature and the governor.
“Access to justice and legal aid is not a Republican issue and it isn’t a Democratic issue,” Hecht said. “It is about ensuring basic fairness and access to everyone.”
David Keltner, a partner at Kelly Hart & Hallman in Fort Worth, said that Hecht should be considered the frontrunner because of his tenure on the court and his excellent relationship with state lawmakers.
“He would make a great chief justice,” said Keltner, who is a former state appeals court judge.
That’s not to say that everyone supports Hecht. Most trial lawyers contend that he is anti-jury, anti-plaintiff and too pro-business in his decision-making.
Family lawyers dislike Hecht because he pushed to make court-approved forms available to those filing for divorce – forms that divorce lawyers and even many trial court judges believe are legally flawed and will have a negative impact on the finances of family legal practices across the state.
A former lieutenant in the U.S. Naval Reserve Judge Advocate General Corps, Hecht served as a trial court judge and a judge on the court of appeals in Dallas before being elected to the state Supreme Court.
“Considering the enormous responsibilities of the chief justice, it’s easy to imagine Gov. Perry looking internally first,” says James Ho, a partner at Gibson, Dunn & Crutcher in Dallas. “And if he does, Justices Hecht and Willett are clear standouts, given their records and years of experience on the Court.”
Underlying any choice by the governor, according to legal experts, is whether Perry is considering a run for president in 2016. Appointing Justices Hecht and Willett might gain him favor with Tea Party supporters.
Political insiders say that the governor should consider promoting Justice Guzman to chief justice, making her the first Latino to hold the position.
Perry appointed Guzman to the Houston Court of Appeals in 2001 and then to the state Supreme Court in 2009.
In an interview Wednesday, Guzman said she has not expressed interest to the governor in the chief justice’s position.
“I have my dream job and I am happy where I am,” she said. “I think it is important to pick someone who has experience and a deep commitment to public justice.
“I have full confidence in Gov. Perry’s appointments as judicial officers,” Guzman said.
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