Judge Michael Landrum of Houston’s 164th District Court is a rarity these days: A Republican incumbent on the Harris County bench.
His Democratic opponent in the Nov. 3 election is Cheryl Elliott Thornton, a Houston native with a long record in the public sector, albeit not in elective office.
Landrum, an attorney, mediator and arbitrator from Clark Hill Strasburger, was appointed in August by Gov. Greg Abbott, a fellow Republican. He succeeded Democrat Alexandra Smoots-Thomas, who was suspended from the bench after her indictment last year on federal charges of wire fraud.
Smoots-Thomas, in her third term as a district court judge, was accused of misusing nearly $25,000 in campaign donations to pay for personal expenses – mortgage payments, school tuition, vacation airfare – and to buy luxury goods, including an $1,100 Prada handbag. She subsequently pleaded guilty before U.S. District Judge Lynn N. Hughes and was sentenced to 36 days in custody, time she’d already served, plus three years’ supervised release. Despite that, she still ran in the Democratic primary, but lost to Thornton, who won roughly 71% of the vote.
Landrum was a civil district judge from 2013 through 2018, when, like every other Republican candidate for district judge in Houston, he lost.
“I love serving as a judge and wanted to resume that service,” he said in response a written questionnaire from The Texas Lawbook. When Abbott called, Landrum gladly accepted.
In private practice he largely focused on business matters, including banking, real estate, construction and contract disputes. He’s been certified as a specialist in civil trial law and civil appellate law by the Texas Board of Legal Specialization.
Thornton, a onetime family lawyer, has held an array of public positions over the past 30 years: She’s been an assistant county attorney, general counsel for Texas Southern University, an administrative law judge and an assistant state attorney general.
She ran unsuccessfully for a County Court at Law seat in 2010. In 2016 and 2018, she lost Democratic primary races for justice of the peace.
At the community level, she has served as a Democratic precinct chair, co-chair of the Houston Bar Association’s Gender Fairness Committee, chair of the Houston Police Advisory Board and a board member for the Houston Lawyer Referral Service.
Two years ago, she was named one of Texas’s Top 50 Black Professionals and Entrepreneurs, an award sponsored by d-mars.com, a Houston-based advertising, marketing and communications company.
Landrum’s written responses to The Texas Lawbook’s questionnaire follow. Thornton preferred to be interviewed by phone. Her responses were reconstructed from our notes of that interview.
Michael Landrum
What led you to practice law?
Laws are the rules by which society operates. Knowledge of the rules can facilitate
achievement through the avoidance of legal obstacles. Lawyers are communicators, and I
have long considered myself adept at expressing thoughts and explaining difficult
concepts. I did not initially plan on practicing in the courts, thinking instead my law
career would focus on written communications – contracts and transactions. My
involvement in trial work came as a necessary part of my small firm employment and
appellate work came along with the trial practice.
Tell us a little bit about your career before taking the bench.
In more than 40 years as a practicing attorney, I have represented plaintiffs and
defendants in approximately equal proportions. I have represented individuals of every
economic status and ethnicity, and businesses of all sizes. My practice has involved
trials, appeals and transactions, primarily involving business organizations, banking, real
estate, construction and contracts of all kinds.
During my private practice, I represented many individuals and small business
owners and helped them confront many challenges, many of which did not involve
litigation. I take seriously the “and counselor at law” part of the title on my law
license.
I learned the value of not prejudging cases or individuals, to be prepared and to focus
my energies in ways beneficial to my clients’ interests.
Beginning in approximately 1990, I served as an arbitrator on the American Arbitration
Association Panel of Neutrals. In that role, I have issued final binding awards in more than
250 disputed matters. My service as an arbitrator gave valuable experience in dealing
efficiently with complex matters, receiving and excluding evidence and rendering
enforceable decisions.
As an appellate practitioner, I achieved the capabilities needed to fully yet concisely
present legal issues in the context of contested evidence and to focus my arguments
on relevant legal and factual issues.
My pro bono work with Crossroads School (a private school for children with special
educational needs) and other nonprofit organizations has given me an appreciation
for the value of community service.
I have been privileged to mentor a number of young lawyers who have gone on to
become successful attorneys. I have also been a CLE lecturer and volunteer judge in
student moot court and mock trial competitions.
I previously served as the judicial liaison to the Houston Young Lawyers’ Association and was an ex-officio member of its board of directors. This is another way in which I have volunteered my time in support of our profession and the community in general.
I am an adjunct member of the faculty at Houston Baptist University, where I have
taught an evening class to undergraduate students entitled, “The American Court
System.”
I have also served as a part-time Tax Court master, administering delinquent ad valorem
tax cases in Harris County, from 1996 through 2010, by appointment of the Board of
Civil District Judges.
What are one or two of the most significant cases you handled as a trial lawyer?
In dollar terms, the biggest case I tried as an attorney was an arbitration case involving a
multimillion-dollar construction project. I represented a general contractor in a dispute
with the project developer. Because arbitration matters are private, reference information
is unavailable.
Early in my career, I tried a case before a jury in U.S. District Court in which my law
partner and I represented Texas International Airlines in a dispute concerning three
commercial aircraft leases. There was an appeal in which I also represented the airline,
and it is entitled Haeberle, et al v. Texas International Airlines, reported at 738 F2d 1434
(5th Cir, 1984).
How many jury trials did you work on as a practicing lawyer?
As an attorney, I have tried to verdict more than 50 cases in Texas courts. The great
majority were tried in state civil district courts. Most of my trials have been as sole
counsel, not as a part of a trial team.
I have practiced before all levels of trial and appellate courts: justice courts; county
courts at law, including probate; district courts, including civil, family and juvenile;
courts of appeals; U.S. District Court; the 5th U.S. Circuit Court of Appeals; and the
Texas Supreme Court.
From May 2013 through December 2018, I served as judge of the 113th District Court.
I have presided in all kinds of cases involving a tremendous variety of legal issues. I
truly enjoy the interactions I have with attorneys, witnesses and jurors. In my years
on the 113th District Court bench, I tried more than 170 cases total, about 80% of them jury trials.
I believe that my service as a district judge has been notable for thorough
preparation, evenhanded rulings based on law, punctuality, hard work, respect for all
parties and counsel, and professionalism.
What led you to enter this race?
I previously served as a civil district judge in the 113th District Court and was defeated in
the 2018 election. I love serving as a judge and wanted to resume that service. In August
of this year, a vacancy arose and the governor appointed me to fill that vacancy.
What’s the most valuable lesson you’ve learned so far as a trial judge? How are you currently using that lesson to run your court in the best manner?
It is important to me that attorneys’ time not be needlessly spent waiting. By conducting
status conferences by telephone, unnecessary delays in getting cases to trial are avoided,
as I can become more familiar with the issues in a given case before trial and provide my insight to assist counsel in their trial preparation and planning.
The civil justice system can be a daunting thing for anyone. Individuals often feel
overwhelmed by the prospect of going into court with a grievance or to defend
themselves against a complaint. The legal community needs to continue its efforts to
familiarize individuals with the purposes and functioning of civil courts to alleviate
any fear that “courts are not for me.” I am committed to practices that encourage all
parties to seek redress in court.
What are you most proud of accomplishing during your time on the bench?
I am proud that I have gained the respect of the local trial bar and that I have been given
the opportunity to serve the legal profession in ways that I would not otherwise have been
able.
What has been your most important decision/ruling as a trial court judge and why?
A motto of mine is, “One Case at a Time.” Every case is the most important case to the
parties involved. My most important decision as a judge is the one before me at any
given time.
What are the biggest challenges your courthouse is facing, and what are you doing to address those challenges?
Of course, COVID-19 commands much attention in the current operations in the
courthouse. All hands have worked hard to keep folks safe and well. For the judges,
that means hearings and bench trials conducted by Zoom. It also means creating many
special procedures.
In Harris County, we have begun empaneling juries in a gradual process. Voir dire is
done off-site in a large facility where social distancing can be accomplished. Once a panel is
selected for a case, the trial is conducted in the courthouse, with special measures to
assure safety of jurors, parties, witnesses and others.
There is a significant problem with jury attendance and jury pool diversity. Only one in five people summonsed to jury service shows up. And those who show up often are not a representative cross-section of the community. How is this impacting the administration of justice in Texas, and what can be done about it?
Jury service is a critical part of our judicial system, meaning that our form of governance
depends on jurors for its vitality. My experience in having presided in more than 170
trials is that in Harris County, we do see a meaningful cross-section of the community
responding to their jury summonses. This does not mean that more outreach is not
needed; it is, if only to educate all people about our judicial branch and its role in society
and to encourage better participation from all groups.
It is interesting to note that during our recent efforts to resume selecting jury panels in
these challenging times, we have not seen a diminution in jury participation by minority
individuals. If anything, we may be seeing minorities making up a slightly greater
percentage of our venire than before COVID.
What separates you from your opponent?
I have had a more diverse practice background, greater depth of experience and
more specialized training than my opponent. I have substantial courtroom experience.
I am board certified in civil trial law (since 1989) and civil appellate law (1995).
I have a proven record of judicial service and have earned a reputation for legal
knowledge, preparedness, professionalism, punctuality, fairness and efficiency. I have
been rated by the members of the Houston Bar Association in three judicial evaluation
surveys: 2013, 2015 and 2017. In all of them I received ratings more favorable than most
of my peers.
I also have a great deal of experience dealing with pro se parties, solo practice
lawyers, lawyers with medium-sized firms and lawyers with megafirms, as an
advocate, as a judge and as an arbitrator.
Through mentorship, participation with HYLA, lecturing in CLE programs, judging
student competitions, working with the Harris County Tax Master program and
teaching at HBU, I strive to enhance the capabilities of attorneys and to enhance the
image of the bar and the legal community in our county.
I have worked hard as a judge to expedite matters in my court by reducing the time
to get hearings set, trying cases as soon as they are “ripe” for trial.
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?
Partisan politics is a lousy way to select our judges. A candidate’s party affiliation tells us
nothing about that person’s experience, scholarship or temperament. The influence of
partisan politics in judicial selection often results in election of judges based on
considerations having nothing to do with the efficient, impartial administration of
justice. Judges should never be (or appear to be) indebted to anyone who can confer
political favors or support.
I believe my track record demonstrates my commitment to setting aside personal beliefs
and philosophical leanings in my decision-making.
Is there anything else you would like voters to know?
My guiding principle in each case is to treat every person individually and to decide
contested issues on the law and the evidence in the specific matter before me. A
primary goal is to assure all who seek a remedy in a dispute that our courts are
equally open and welcoming to all, without regard to any person’s race, ethnicity,
religion, lifestyle, financial status or other extraneous characteristic. As officers of
the court, all members of the bar must make certain that no one feels excluded from
seeking redress under law and that none fear their voice will go unheard.
I believe in mentoring. Young people at all stages in their educations need to know
that the court system exists to serve them and is open and available. Outreach to all
communities, especially those where people may not understand courts and feel
estranged from the court system, is important. This is why I speak in schools and to
community groups of all kinds about our courts, the role of the judiciary, the
importance of jury service and similar topics. I have taught about the court system
at the college level, judged student mock trial and moot court and participated in
local bar association programs to encourage minority participation in our
profession.
I believe in our civil justice system and I am dedicated to the rule of law. I believe that
impartial courts and independent, dedicated and competent judges are essential to
the successful function of our society and free market economy, because individuals
and businesses depend on the consistent and fair application of known and
understood legal principles. People of all backgrounds and walks of life must have the
absolute assurance that our legal system is not stacked against them and that their
cases in court will be decided on the evidence under law evenly applied, and on no other basis.
Cheryl Elliott Thornton
What led you to practice law?
I’m a native Houstonian and since I was a little girl, I was told, “You’re going to be a lawyer.” It’s something that’s been natural for me. I’ve been practicing for over 33 years. I like to laugh and say I started when I was 12.
I currently serve as a senior assistant attorney for Harris County. I’ve been doing that for about 10 years. I’ve served as an assistant attorney general for the state of Texas, as well as serving as an administrative law judge for two state agencies. I’ve been general counsel at Texas Southern University and an adjunct professor at Houston Community College. I’ve done varied things, but most of all what I’ve done is be a public servant.
I’ve chosen pretty carefully to make sure that what I call “my servant’s heart” is always fulfilled. I’m moving forward in terms of running for this judgeship, because first and foremost I think being a judge is being a public servant.
Have you run for office before?
Yes, 10 years ago I was the Democratic nominee for a civil position on the County Court at Law. That was a year when no Democrat won. I’ve run for justice of peace twice, and in each of those elections, I got into a runoff.
I ran for this seat because several judges approached me and asked me to run. They realized the incumbent was in trouble, and they wanted to see if they could persuade me, because they thought I was the right person to take the position. They wanted to make sure the court was properly covered by someone they felt comfortable with. And I felt comfortable being there.
I had to go into a runoff, but I worked very hard and was able to garner about 71% of vote.
How have concerns about COVID-19 affected your campaign, and how do you think those concerns will affect turnout?
In a pandemic, the rules are different. People don’t want you approaching them. Events are nonexistent except through Zoom. It’s different. I’m not sure it’s as fulfilling.
One of the things I enjoy is getting out and meeting people, talking with them, making them feel comfortable with me and my future presence on the bench. Now, we don’t have that ability to interact one-on-one.
I think turnout will be high. The turnout for my runoff was much higher than for any other runoff this year. I don’t think the turnout in Harris County will be affected by things like the efforts to quash mail-in voting. I am optimistic that people will find a way to vote.
Tell us a little bit about your career and how your previous experience would help you in your service on the bench.
I think the broadness of my experience, not just in my profession but also in my community service, will help me relate more to the individuals who come before my court and not just to the attorneys present. I’ve served, for example, on the Houston Bar Association’s Gender Fairness Committee and the board of the Houston Lawyer Referral Service Board. I’ve received the Houston Bar Association President’s Award for my service to the profession and the community. I think my ability to relate to different types of people will serve me well as a judge.
What are one or two of the most significant cases you have handled as a trial lawyer?
The two case that come to mind are family cases. The first one, unfortunately, turned me off to family law, which I’ve chosen not to do anymore.
It involved a woman who gave up her young child so she could have money to buy drugs. She knew a couple who took the child in, who loved and raised the child for five years. Then the birth mother came back into the picture, said she was drug free and wanted the chance to raise her child. I was hired as the attorney for the couple. We presented evidence that showed the mother’s recovery was not as complete as the court thought it was. The judge agreed but said, “She’s the mother – let’s give her a chance.” Several months later, I got a call from that same court, warning me that I’d be seeing stories in the paper about the death of that same child. The family I’d represented was devastated. I was devastated. It made me shift my focus as a lawyer, because I felt that I had no real control over what happened. I hadn’t been able to help that child or that family. Even when I presented the facts in court, I still had no control.
The other case was for my mother’s caretaker. My mother was paralyzed, and she had a wonderful, loving caretaker who’d been with her for years. One day, this lovely woman told me the state was going to take her grandchildren away. They said she wasn’t qualified to take care of them – she was poor and uneducated. I took her case pro bono. She got the children back.
I always laugh and say one reason I’m no longer in private practice is that they call attorneys “counselors at law,” but I learned I could do more to counsel and help people by following my servant’s heart.
How often do you practice before the civil courts in Harris County?
Once every couple of weeks or so, usually for a motion hearing or something like that. I was told decades ago that a good lawyer tries to figure out how to stay out of court. That’s often the best way to move a case along.
What kind of change would you like to see in the courthouse, and what would you do to promote change if elected?
One thing the pandemic has shown us is that it would be a good thing to do more Zoom hearings. A lot of times, when attorneys have to show up in court, they may wait for hours for what turns out to be a 30-minute hearing. That doesn’t make sense – not for the client who’s being billed, not for the attorneys and not for the courts. With Zoom hearings, judges could be much more efficient at scheduling, because they’d have more flexibility. Their dockets could move so much quicker.
People have gotten much more comfortable with Zoom and with working remotely in general. It used to be difficult sometimes just to arrange a telephone conference. The pandemic has definitely opened our eyes a bit.
What kind of feedback do you hear from trial lawyers about your opponent, and how would you do a better job?
I hate to present negatives. But I have heard some people say they don’t believe he plays fair to both sides. The feedback I’ve heard is that there’s sometimes a lot of campaigning. That’s basically the nice way of putting it.
What sets you apart from your opponent?
My ability to build trust with all types of people, across all social and economic lines. I’m always going to be open to people across the spectrum, whether it’s the plaintiff’s side or the defense side. That’s crucial when you’re a judge.
Another thing that sets me apart from Mr. Landrum is that I am first and foremost a public servant. I’ve demonstrated that over the 30-something years I’ve been practicing.
Every case is extremely important to the parties in that case. The outcome is extremely important to their lives. It’s probably their only case – while for the lawyers, on both sides, it’s one of many.
There’s a lot a judge can do to put the parties at ease. It’s critical to empathize with them, to let them know their case is important to you, too. Hopefully when people leave my court, if nothing else, they’ll feel that they were heard. Even if I rule against them, they’ll feel that they were treated with fairness and sensitivity.
My servant’s heart gives me the perspective to understand people, to actually hear them when they’re talking. There’s no question. I can even see changes in myself as I emerge more into public service. I can see that heart opening a bit more every day.
There is a significant problem with jury attendance and jury pool diversity. Only one in five people summonsed to jury service shows up. And those who show up often are not a representative cross-section of the community. How is this impacting the administration of justice in Texas, and what can be done about it?
Reach out to the community. Explain that maybe some of the verdicts they don’t like occur because they weren’t present. Explain the importance of jury service. Talk to people in language they’ll understand, and more of them will respond.
With COVID, it’s more daunting of course. People don’t want to appear because they’re concerned about their health. But post-COVID, better education through community groups, senior groups, things of that nature, can help bring people to the table. The same is true with younger citizens. Explain to them that it’s wonderful if they’ve been out there marching or expressing themselves on social media, but we need them in the courtroom also, making their voices heard through jury attendance and that vote.
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?
I always tell people, just look at the qualifications. Seriously. If you’re looking for a judge, you should be looking for someone who has done more than just sit on a bench or more than just be an attorney. Look for someone involved in the community, someone who knows how to serve the community.
A judgeship isn’t about having a grandiose position, it’s about public service. If a person is only there because they think it’s the top tier for them professionally, that’s probably not a person you’d want to be the judge overseeing your cases.
Is there anything else you would like voters to know?
I think I’ve said enough, but I will say again that I’m here to serve. I am your public servant, here to serve you and the community at all times.
Candidate responses 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.