In the race for the Place 6 seat on the Texas Supreme Court, incumbent Republican Jane Bland faces Democratic challenger Kathy Cheng.
Bland was appointed to the court last year by Gov. Greg Abbott to succeed Justice Jeff Brown, who was nominated by President Donald Trump and confirmed by the U.S. Senate to a federal judgeship on the bench of the Southern District of Texas. Before her appointment, Bland served for six years as a state district judge in Houston, then for 15 years as a justice on the First Court of Appeals.
Cheng, the first Asian American to seek a seat on the state’s highest civil court, has no prior experience as a judge. She presently runs Cheng & Associates, a Houston law firm that bills itself as having practical expertise in a broad range of practice areas, including business law, family law, real estate law, tax law and estates and probate cases.
In its newly released poll of its members, the Houston Bar Association, the nation’s fifth largest metropolitan bar association, reported that Bland was the choice of 954 respondents, compared with 401 for Cheng.
Cheng is part of an all-female slate of Democratic candidates for the Supreme Court that includes Amy Clark Meachum, the first woman to run for chief justice, Staci Williams, the first African American woman to seek a seat on the court, and Gisela Triana, a Latina candidate.
Cheng did not respond to repeated requests from The Texas Lawbook to answer a written questionnaire. The following are Bland’s responses:
Q: What led you to practice law?
A: I was cast in Henry Fonda’s role in Twelve Angry Men (renamed Twelve Angry Jurors) in a middle-school play. The play opened my eyes to what trials and juries are all about. A frequent “talks too much with others” notation on my report card made my quiet, nonlawyer dad encourage me to think about the law as a career. In high school debate, I learned how to research policy questions and to argue both sides of the issue.
Q: Tell us about your life and career before joining the Supreme Court of Texas and how those experiences have shaped you into the justice you are today.
A: I am the oldest of four children, which helped me learn how to achieve consensus at an early age. I attended the University of Texas on a scholarship, where I graduated with high honors and degrees in accounting and eventually in law. UT provided a great foundation for my legal career. I clerked for a judge on the Fifth Circuit, where I began to appreciate the deliberative process of an appellate court and the role that judges play in resolving disputes. I practiced civil trial and appellate law in Houston, earning board certification in both, making lifelong friends and admiring the work of excellent lawyers and judges.
I began my judicial career in 1997 on the Harris County trial court bench. In 2003 I joined the intermediate appellate court, and last year the Texas Supreme Court. During my 22 years on the bench, I have resolved thousands of disputes and written over 1,000 signed opinions. Whatever the job, my goal has been to have a positive impact on the legal profession and our justice system. Among other roles, I served a decade on the board of Houston Volunteer Lawyers. I chaired the Oversight Committee for the Texas Pattern Jury Charges. I have been recognized as a leader in improving the state judiciary and in advancing pro bono legal services.
Q: When you got appointed last year to serve on the Texas Supreme Court, why was becoming a justice the right fit for you and your career?
A: It is an honor to serve on the highest civil court in the state after working as a trial and intermediate appellate court judge. I have the experience and energy that a statewide judge needs to do the hard work this role requires. My family has been incredibly supportive, which really helps when taking on the responsibilities that a job like this one demands.
Q: How has your first year at the Texas Supreme Court been? What have you learned?
A: It has been a busy and challenging year for all Texans, me included. In addition to keeping up with our regular docket of cases, our Court has led efforts to keep justice moving in Texas during the pandemic. We are proud that Texas courts have remained open for business and had more than half a million remote video hearings. Looking ahead, we hope to use the technology and skills that state judges have acquired in our courts to advance access to the courts even when we are not in a pandemic. Like all lawyers this year, I have learned to adapt to quickly changing circumstances, which is something I am not sure we knew we had in us prepandemic.
Q: What do you love the most about this job?
A: I am part of a profession that is dedicated to solving problems, resolving conflict and adhering to a common rule of law. At our best, we foster understanding even when we are in disagreement with one another.
Q: Have you ever joined a vote or authored an opinion that you regretted? If so, tell us about that experience and what lesson you took away from it.
A: I have won and lost cases as a lawyer, been affirmed and reversed as a lower court judge and been in the majority and the dissent at the Texas Supreme Court. I have learned from all of these experiences more than any particular decision – mainly to resist jumping to conclusions, to listen and learn from counsel and colleagues and to respect everyone involved.
Q: What sets you apart from your opponent?
A: Voters should choose me based on my qualifications and experience. The Texas Supreme Court handles the most complex and challenging legal issues that arise in our state. I am a board-certified civil appellate and trial lawyer and have been a judge for over 22 years. My opponent has not served as a judge or as lead counsel in either a trial or an appeal. A broad array of lawyers – who practice in different areas and on opposite sides of each other – support my campaign. Lawyers in the state bar preference poll, who are the people most familiar with our judiciary and have a strong interest in assuring that Texas maintains an excellent judicial system, selected me over my opponent by a wide margin.
Q: What makes a good Supreme Court justice?
A: I work to emulate the best qualities of my colleagues in the state judiciary: humility, integrity, discipline, respect for others, intellectual curiosity, grace and a strong work ethic. Together with these qualities, cultivating the necessary skillset – analytical thinking, plain writing and broad-based knowledge of the substantive law and trial and appellate procedure – makes a good justice.
Q: What are the biggest challenges the Texas Supreme Court faces today (COVID and beyond) and how is the court addressing those challenges?
A: The most pressing challenge is continued support for the state courts and the legal profession during the pandemic. With the hard work of many stakeholders across the state, the Court has adopted emergency orders to answer immediate needs related to the pandemic: authorization of remote hearings and depositions, eviction and debt relief and justice court procedures under the CARES Act, suspension of statutes of limitations and suggested operating plans for the safe resumption of jury trials, to name a few. We continue to examine ways to improve our response to the pandemic and the safe resumption of in-person jury trials. For the most up-to-date measures that judges across the state are taking to address the safety of all who come to the courthouse, please see www.txcourts.gov.
Longer term, the perception that the justice system is falling short of its mission is a concern to both judges and lawyers. The Court is committed to listening to those who point out where we can improve. In our Beyond the Bench summit, the Court brought together community members from outside the legal profession to listen and look for ways to better the judiciary’s engagement with our community. We have been at the forefront of access to justice in Texas and have championed reforms that impact disadvantaged groups. Examples include truancy, children in foster care and those who live with mental illness. The Court has led efforts to secure resources for civil legal services for those who cannot afford them. I share in the Court’s continued commitment in these areas. As the Court’s liaison to the Judicial Commission on Mental Health, for example, I am committed to improving encounters with the justice system for those who struggle with mental illness. I will continue to positively impact our efforts to make equal justice under the law a reality for all Texans.
Q: There’s a population of lawyers in Texas who believe that the Texas Supreme Court is desperately in need of some fresh blood or at least some more dissenting opinions. Why should voters keep you on?
A: Voters should keep me on based on my experience and capabilities in analyzing and applying the law.
Q: No matter what you say here, there will be some voters who will not vote for 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: Judges are different from other elected officials. Our job is to be fair to all who come before the court and to apply the law equally no matter a person’s age, sex, ethnicity or party affiliation. I run as a judge who will adhere to these principles and who will support and defend our Constitution and laws. My experience has taught me not to rush to judgment. My goal is to learn everything I can about the facts of the case and thoughtfully apply the law. All voters, no matter their political beliefs, should care about making sure we elect judges with strong qualifications and experience, who will apply the law without predisposition.
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.