While it may be the lazy days of summer for some, nothing has slowed down for Judge Maricela Moore. A typical day for Judge Moore includes presiding over the 162nd Dallas County District Court, running a board meeting for Christus Health Systems (where she chairs the board of directors) and meeting with Dallas County authorities to work on plans for reopening the George Allen Courthouse – all while keeping up with her 10-year-old daughter and 13-year-old son.
She has consistently earned high marks from the bar since taking the bench in 2017, and she was named Dallas Trial Judge of the Year by the American Board of Trial Advocates in 2019.
Fortunately, she found time to discuss her background, why she loves being a judge and – the question we’re all asking right now – when things might get back to normal in Dallas County courts.
Q: I know you grew up in Austin. Tell me about your family and childhood.
A: My parents were both community leaders. My father advocated for students in the public school system, and mom served as everything from elementary school principal to spokesperson for the Texas Education Agency and eventually became the first Hispanic female elected countywide in Travis County (to the Community College Board). Public service was a big part of our family life. Our house was always full of politicians, like Commissioner Richard Moya and Senator Gonzalo Barrientos. The importance of civic responsibility was engrained in me throughout my childhood.
Q: What made you want to be a lawyer?
A: I realized from a young age that I had to create opportunities for myself. When you are a small five-foot-tall Hispanic female, you have to do things to separate yourself from the crowd. When I was in seventh grade, my parents encouraged me to enter an oratory contest against high school kids. To my surprise, I won it. That was one of the first moments I can recall when I realized that I loved public speaking, and law seemed to be a natural path for me. There were also lots of lawyers around my house growing up – which kind of goes hand in hand with government service and activism. Judge Bob Perkins (now retired) was a close family friend, and I think spending time around him and other lawyers really influenced me.
Q: After graduating from Boston College and George Washington Law School, you came home to Texas. Tell me about your time in private practice in Dallas.
A: I began my career in 2001 at Cowles and Thompson working for a partner who had a lot of work in significant airline bankruptcies. I was fortunate in that he insisted that I get out of the office and into the courtroom as a very young associate. I frequently argued in federal court against attorneys with many more years experience than I had. Two years later, I ended up at Baker and McKenzie practicing commercial, securities and employment litigation. I got a ton of experience, and I think it’s a phenomenal law firm. However, after my son was born, I felt I needed to do something different. So, I started my own plaintiff’s employment practice. I had no clients and no money. I used my knowledge of the Fair Labor Standards Act and my ability to speak Spanish to create a niche practice representing undocumented individuals against their employers for unpaid wages. I had a little office in Lakewood that was just a mile from my house. I would take the kids in a stroller up to the office, and my amazing paralegal would often entertain the kids while I met with a client or prepared for a hearing. It gave me the flexibility I needed while allowing me to grow a fulfilling law practice.
Q: What is one of your most memorable cases in private practice?
A: I was representing a group of guys who washed cars at a dealership in a FLSA case. They were all undocumented and none spoke English. As we got closer to trial, the judge said that all of my clients had to be present in person every day until the end of trial or he would dismiss their claims. On the first day of trial, one of my clients did not show up. He was fearful of being deported. I drove to the trailer park where he lived, knocked on his door and yelled at him, “You have come this far, please don’t quit now.” I handed him a tie that I brought in case any of the guys needed one and we drove to the courthouse together. The jury found in favor of my clients but did not award the damages they were entitled to under the statute. The district court disregarded the jury’s damages findings and awarded my clients their full damages. I successfully fought to preserve their damages award all the way through the court of appeals. This case is one of my proudest moments because I know I made a difference in my clients’ lives.
Q: When did you begin to think about becoming a judge?
A: In 2010, I tried an ADA case before Judge Lorraine Raggio in the 162nd District Court. I not only lost, but lost miserably. Not a single juror sided with my client. In a moment when I felt professionally defeated, Judge Raggio reached out to me and told me that she saw something unique in my legal skills and my passion for the law. She became one of my most valued mentors and friends. When I shared with her that I had an interest in serving in the judiciary, she was very supportive. My varied background – representing individuals and companies in everything from big commercial litigation to small employment cases – had really prepared me to be a judge and to be able to see issues from both sides. I eventually ran and was elected to preside over the 162nd District Court.
Q: What is your favorite part of being a judge?
A: That’s easy – working with juries. Jury duty is so unappreciated and misunderstood by our community. I don’t think people realize how much they will enjoy the experience of serving as a juror until they do so. Once they serve, people have a whole new perspective of our judicial system and feel a great sense of pride about their service.
Q: What is something that frustrates you in your courtroom?
A: I wish we had more women trial lawyers. Recently, in a case in which there were at least 26 lawyers at every hearing, I was disappointed that the only women in the courtroom were me and the court reporter. Dallas County juries are always at least 50% female. It makes no sense that our trial lawyers don’t reflect the cultural, ethnic and gender diversity of our juries. Women lawyers often argue complicated motions before the court, but they aren’t trying jury cases.
Q: Let’s talk about the current situation in Dallas County with COVID-19. How has it affected your docket?
A: Since March, the civil courts have held hundreds of hearings and nonjury trials by Zoom. My docket has not slowed down at all, and in fact I find myself busier than before on some days because the technology allows all parties and the court to be more accessible. I anticipate that I will continue to use Zoom for certain proceedings, such as nonevidentiary hearings and other small matters when parties want to quickly get before the court. But I don’t think that video conferencing is an adequate substitute for trials or hearings that require the presentation of evidence and testimony.
Q: In addition to running your courtroom, you preside over jury services for the civil courthouse. What are some of the challenges to resuming in-person jury trials under the current circumstances and where do things stand?
A: There are so many challenges – I could spend hours on that topic alone. We have to appreciate the logistical concerns of bringing large groups of jurors into the courthouse in a safe and efficient manner. If we summon jurors to serve in the courthouse before we can ensure their health and safety, jurors that adequately represent our diverse Dallas County community will not appear. This is a concern that I take seriously. I have been working with my judicial colleagues, the Fire Marshal and various Dallas County officials to navigate how we can bring people into the courthouse in a safe and efficient way. I miss working with juries and I want to bring the system back up and running as soon as possible. But I also know that we have a responsibility to the public to summon jurors only when we are confident that it is safe and efficient for them to serve. We are working on some creative solutions, and we will get there soon.
Anne Johnson is a partner at Haynes and Boone in Dallas and leads the 600-lawyer firm’s appellate law practice.