Republican Terry Adams and Democrat Amparo Guerra are both trying to gain the votes needed to serve in Place 5 on Houston’s First Court of Appeals.
Adams is the incumbent, but barely. After Adams won the Republican primary, Gov. Greg Abbott appointed him to the bench in July.
Guerra, the challenger, is currently a partner at Shackelford, Bowen, McKinley & Norton, where she specializes in commercial litigation and employment law.
The Houston Bar Association’s new judicial preference poll indicates that more Houston lawyers want Adams as the justice; he received 22% more votes than Guerra did. But Guerra received 33% more votes than Adams in the State Bar of Texas’ judicial poll, which was conducted during primary season.
The Texas Lawbook sought to learn more about the candidates. Below are responses both candidates provided to a questionnaire sent out by The Texas Lawbook.
Terry Adams
Q: What led you to practice law?
A: I have always been interested in history – especially American history and our Founding Fathers – and how it relates to the legal issues of the day. In college, I majored in political science with a minor in history, and I felt that law school would allow me to combine these things that I loved with a way to serve others. In law school, I became fascinated with appellate litigation, and that led me to intern on the Fourteenth Court of Appeals during law school before become a briefing attorney on the Texas Supreme Court after law school.
Q: What led you to decide to become an appellate judge?
A: I believe that serving as a judge or justice is the highest and best calling in the law. This was instilled in me when I had the honor of being selected by Justice Raul Gonzalez (Ret.) to be his briefing attorney at the Supreme Court of Texas. He taught me the importance of honoring God in the practice of law and that serving as a judge or justice is one of the best ways to use a law degree to serve others. After practicing appellate law in private practice for more than 30 years, I am proud to have been appointed by Gov. Abbott to the First Court of Appeals, where I am using my appellate experience and love of the law to proudly serve the citizens of Texas.
Q: What are one or two opinions/decisions you authored that you consider your best work?
A: I have authored a number of written opinions since being appointed to the First Court of Appeals by Gov. Abbott, and each opinion is my best work. I treat all parties and all cases with equal dignity and respect and apply the rule of law fairly across the board.
Q: What makes a good appellate judge?
A: I think that having sound judicial temperament is the hallmark of being a good appellate judge or justice. This includes having a calm and respectful demeanor, respect for opposing viewpoints, integrity, humility, a strong faith in God, quiet perseverance, a strong intellect and a steadfast dedication to the rule of law.
Q: What is the most important decision or ruling that you have made since being on the bench and why is it important?
A: I consider each opinion that I write to be my best work and to be equally important.
Q: Have you written an opinion or joined a decision that you now regret?
A: No.
If you could make one or two changes on how the courts are handling the COVID-19 pandemic, what would they be?
A: The appellate courts in Texas have been doing a good job responding to COVID-19 by conducting oral arguments via Zoom and allowing court personnel to work remotely, to keep everyone safe, while still handling cases in a timely and efficient manner. The one big change I would make is to have COVID-19 go away.
Q: Who is an appellate judge (current or retired) you consider a role model and why?
A: I consider Justice Raul A. Gonzalez (Ret.) of the Supreme Court of Texas to be my role model. I was honored to be selected by Justice Gonzalez to be his briefing attorney after law school and work closely with him. By his own example, he showed me every day the characteristics of a sound judicial temperament – a calm and respectful demeanor, respect for opposing viewpoints, integrity, humility, a strong faith in God, quiet perseverance, a strong intellect and a steadfast dedication to the rule of law. I now bring that same judicial temperament to the First Court of Appeals.
Q: What separates you from your opponent?
A: The key issue in this race is appellate experience and qualifications. The First Court of Appeals is the most important court in Texas for the 10-county area that it serves. This is because Texas’ highest courts have discretionary jurisdiction and they only review about 97% of all the civil and criminal trial court judgments rendered in that large area. As a result, it is extremely important that the justice in Place 5 at the First Court of Appeals have substantial experience in handling appeals. As the Houston Chronicle recently stated, I have that important experience. I have been an appellate attorney for more than 30 years. I have handled appeals in the courts of appeals across Texas, the Texas Supreme Court, the U.S. Court of Appeals for the Fifth Circuit and the U.S. Supreme Court. I have also been recognized by Texas Super Lawyers and The Best Lawyers in America as being one of the top appellate attorneys in Texas. And now, I have the added important experience of ruling on cases and writing scholarly opinions as your justice on the First Court of Appeals.
Q: No matter what you say here, some voters will vote against you simply because they’re straight ticket voters and you’re on the wrong side of their ballot. There is another group of voters who are inclined to do the same, but could be convinced otherwise. What would you say to them? Why should they vote for you even if your political party doesn’t match their values?
A: Again, as the Houston Chronicle recently observed, I have the “broad experience and reputation for being an even-handed and accomplished [appellate] attorney.” People from different political parties and communities across the area support me because they believe, like most Texans do, that our appellate court justices must be highly qualified and experienced in handling appeals. In this race, my qualifications and experience are unmatched. Combined with my fairness, integrity and judicial temperament, people across party lines are supporting me to remain as your justice on the First Court of Appeals. Please learn for yourself by going to my website – www.AdamsforJustice.com.
Q: Is there anything else you would like voters to know?
A: Yes. I graduated from South Texas College of Law−Houston, where I was editor-in-chief of the South Texas Law Review. After law school, I was selected to be a briefing attorney at the Supreme Court of Texas. I then returned to Houston where, for the next 32 years, I developed my appellate practice at well known litigation law firms. I am recognized by my peers, AV Rated Preeminent and by Texas Super Lawyers and The Best Lawyers in America as being one of the top lawyers in Texas. I am also a member of the State Bar Rules Committee and the Appellate Sub-Committee. My wife and I were married in Houston during law school 36 years ago. We have three wonderful children who are now adults and three young grandchildren. I truly love serving you as your justice on the First Court of Appeals. I look forward to continuing to serve you for many years to come.
Amparo Guerra
Q: What led you to practice law?
A: My desire to practice law came from my innate desire and awareness of the need for social justice in my community. My awareness came to me early in life. When I was in seventh grade, I was selected based on my exemplary achievement test scores by the Duke University Talent Identification Program to sit for the SAT with high school students. My scores prompted interest in me by an organization called A Better Chance (ABC), which places academically gifted students in selective college preparatory schools throughout the country.
Through ABC, I was accepted to and received a full scholarship to attend St. George’s School in Newport, Rhode Island, as a boarding student. I attended St. George’s for all four years of high school and graduated with distinction. While in high school, I worked during one summer with Mano A Mano, a March of Dimes organization in Brownsville. I worked in medical clinics for indigent people in very impoverished areas on both sides of the border and did community outreach to educate and disseminate information to women regarding proper prenatal health. This program was, in large part, a response to the prevalence of encephalitic births on both sides of the border.
Working in clinics in Mexico without electricity or running water and witnessing the lives of those much less fortunate than I impacted me greatly and reinforced my interest in serving the community. That experience showed me two worlds – one of extreme wealth in New England, and another of extreme poverty on the U.S.-Mexico border. That juxtaposition has stayed with me and informs much of what I do and how I think about social justice issues, and was one of the experiences that influenced my decision to practice law.
Q: Tell us a little bit about your career and how your experience would serve you well as an appellate judge.
A: As a municipal judge for over six years, I have presided over hundreds of court proceedings (often involving pro se litigants) and deliberating a myriad of issues. In my law practice, I have litigated cases from start to finish, including initial client meetings and prelitigation through final judgment and appeal, as well as negotiating settlements through alternative dispute resolution where appropriate, while always being a zealous advocate and assisting my clients to obtain the best results possible.
There is a misconception that an “appellate” attorney is best qualified to be an appellate judge. A great lawyer will be a great judge. Intermediate appellate courts in Texas are general jurisdiction courts that hear all types of cases, including, but not limited to, civil, family, probate and criminal cases, except death penalty cases. Consequently, the broader the legal experience, the better qualified the candidate is to be an appellate judge. I have handled appeals of cases I handled from start to finish, and I am fully versed in appellate law and procedure. Just as I have handled my law practice and tenure on the bench, I will seamlessly and competently assume this seat on the First Court of Appeals.
Q: What led you to enter the election for appellate judge?
A: I am drawn to the intellectual analysis, which is the essence of appellate deliberation. I have experience in all levels of litigation and appeals, and I enjoy research and writing.
Public service has always been a passion of mine. I was a federal judicial law clerk for U.S. District Judge Filemon Vela immediately following law school. Judge Vela showed me that the duties of a judge should extend beyond the courtroom to the community it serves. He often had us law clerks speak at schools and at naturalization ceremonies. In addition, we were instructors in a prelaw academy for undergraduate students. He and my mom, Retired Senior Justice Linda Yanez, instilled in me how one can use a law degree to serve the community, and so as soon as I could be a judge, I became a part-time judge at 28 years old. As a judge, I treat everyone with dignity and respect no matter who they are or where they come from. I am the first Hispanic partner at my law firm, and I have been promoting diversity on the bench for years.
I have a deep desire to dedicate my legal skills and knowledge as a practicing attorney as well as my proven judicial temperament to serve my community. In addition, I saw this as an opportunity to also bring much needed diversity to this court, whose district is composed of one of the most diverse areas in the country.
Q: Tell us about one or two complex or difficult matters that you’ve handled in your career. What did those experiences teach you?
A: Cause No. 05-09-08014-CV; Richard Aaron Tinnell and Laura Tinnell v. Poulson Custom Homes, Inc.; in the Ninth Judicial District, Montgomery County, Texas, before Judge Fred Edwards. We represented Poulson, a residential homebuilder. The plaintiffs sued Poulson for violations of the Texas Deceptive Trade Practices Act and breach of contract. We successfully prosecuted counterclaims against the plaintiffs for breach of contract, quantum meruit and conversion. We obtained a judgment in which Judge Edwards awarded Poulson all damages sought as well as attorney’s fees after a full bench trial. We handled the trial and appeals to the Beaumont Court of Appeals and the Texas Supreme Court. The significance of this case is that one of the main issues on appeal was whether a party may recover under quantum meruit when a written contract exists between the parties. This issue had not yet been decided by the Beaumont Court of Appeals. Judge Edwards ruled that Poulson could recover damages under quantum meruit, the court of appeals affirmed, and the Texas Supreme Court denied the plaintiffs’ petition for review. Opposing counsel was a local lawyer (his office was across the street from the courthouse) who had been practicing law many more years than I had at the time.
Case number 18-cv-01342-RM-GPG; Stela Festini-Steele v. Exxon Mobil Corporation; in the United States District Court for the District of Colorado, before Judge Raymond Moore. I represent ExxonMobil as lead counsel in this case where the plaintiff sued for Employee Retirement Income Security Act (“ERISA”) life insurance benefits she claims she is owed by virtue of a divorce decree entered between her and her ex-husband years prior to his passing. The case was procedurally complex in that the plaintiff initially sought information through what were ultimately an unsuccessful third-party subpoena and an ex parte motion for temporary restraining order filed in state court in the divorce court that entered the divorce decree. The plaintiff then filed suit against ExxonMobil and the deceased’s widow seeking the ERISA benefits but contending the case was governed by state law. I successfully removed the case to federal court (despite plaintiff’s counsel’s insistence that the case belonged in state court). The ERISA claim turned on whether the divorce decree at issue was a Qualified Domestic Relations Order. I obtained summary judgment on the ERISA claim after substantial written briefing and oral argument (the Colorado federal court calls oral hearings in the district court “oral argument”) that lasted approximately two hours. The plaintiff was represented by a local lawyer who has been practicing nearly twice as many years as I have. I prepared the appellate briefing for ExxonMobil in this case, which is currently on appeal to the United States Tenth Circuit Court of Appeals.
Working on these cases showed me that neither the number of years an attorney has been practicing nor his familiarity with the venue dictate successful results; instead, what determines success is legal skill, knowledge and, most of all, preparation and knowing the facts and law of your case better than anyone.
Q: How does the First Court of Appeals need to improve and what do you bring to the table to address those issues?
A: Philosophically, the First Court of Appeals lacks racial/ethnic diversity, especially considering that its jurisdiction covers one of the most diverse areas in the country. The judiciary should reflect the community it serves. To that end, I bring diversity of race/ethnicity and personal background that is not currently represented on this court.
Pragmatically, I appreciate the efficient disposition of cases, understanding that some cases are more labor intensive than others. As the legal adage goes, justice delayed is justice denied, and justice rushed is justice crushed. I bring a very strong work ethic to review how to better address any backlogs.
Q: What are one or two bad decisions/opinions by your opponent and why were they bad?
A: As of writing these responses, my opponent has not written any substantive opinions. He was appointed at the end of July 2020.
Q: How are the judges handling the COVID-19 pandemic and what would you do differently?
Appellate court proceedings are essentially legal arguments made through written briefs. Oral arguments do not occur in all cases and, when they do, only the lawyers appear. Consequently, oral arguments are very well suited and adaptable to online presentation. I cannot say that I would necessarily do anything differently. The only thing I would do is endeavor to dispose of cases as efficiently as possible.
Q: Name an appellate judge (current or retired) you consider a role model and why?
A: My mother, retired Senior Justice Linda Yanez, is a natural role model for me, and not just because she is my mother. She was the first Latina to ever serve on a court of appeals in the history of the State of Texas, and the first woman to serve on the Thirteenth Court of Appeals. She instilled in me how important the judiciary is to society and why it matters who our judges are.
Q: What separates you from your opponent?
A: I have a broader breadth of experience as an attorney and as a judge than my opponent. I have litigated cases from start to finish, including initial client meetings and prelitigation through final judgment and appeal. I have experience representing all types of clients from individuals and families to businesses of all sizes, including sole proprietorships, small business and Fortune 500 companies (in fact, for the last four years, I have been lead counsel for the largest corporation in the world in state and federal courts in Texas and Colorado). I have worked in legal aid clinics, municipal and federal courts, as well as law firms of all sizes – small, midsize and large.
I have been a judge for over six years, whereas my opponent was appointed to the court at the end of July 2020. He has issued no substantive opinions in his six weeks on the bench. I have handled hundreds of cases as a judge.
The judiciary should reflect the community it serves. I am the only woman, the only person of color and the only candidate with prior judicial experience in this race. I am a wife and mother of three young children. In addition to diversity of race, gender and personal background, I also bring a wide breadth of legal experience to this bench.
Also, in the last State Bar of Texas Judicial Bar Poll, I received more votes than my opponent, which shows that more Texas attorneys find me well-qualified.
Q: How many cases have you argued before the court of appeals?
A: I have handled cases before appellate courts in Texas and Colorado, but none have requested oral argument in my cases.
Q: No matter what you say here, some voters will vote against you simply because they’re straight ticket voters and you’re on the wrong side of their ballot. There is another group of voters who are inclined to do the same, but could be convinced otherwise. What would you say to them? Why should they vote for you even if your political party doesn’t match their values?
A: I believe all voters want integrity, hard work and impartiality in a judge. My reputation in the legal community reflects those qualities. I have been endorsed and received strong support for my candidacy from Democrats and Republicans, as well as well-respected members of the bar, including criminal defense lawyers, civil litigators, personal injury lawyers, legal aid lawyers, appellate practitioners, appellate law and criminal law professors, in-house counsel and a former judge on the highest criminal court in Texas.
I promise all citizens of this judicial district that I will be unquestionably impartial in all my judicial decisions. Any party appearing before me will know all parties are on equal footing and the decision will be based in the law adhering to precedent and the laws passed by the legislature. Therefore, Republicans, Democrats and all parties will receive equal consideration. My service as a judge has already borne that out, and, if elected, I will continue to be fair, hard-working and impartial as a justice.
The answers submitted by candidates may be edited to comply with Texas Lawbook style guidelines.
Publisher’s Note: This coverage of the 2020 judicial elections by The Texas Lawbook is being made available outside our paywall courtesy of Thompson Coburn and Carter Arnett.