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CAMPAIGN ISSUES:

1. Does the 5th district appellate court allow trial court judges  to "legislate from the bench"? 

TRIAL COURT JUDGES ARE ALLOWED LIMITED 'DISCRETION', BUT ARE THEY ABUSING IT?

Many people who are parties to lawsuits, whether it be a civil, family, probate, criminal or juvenile law case, and their attorneys, believe that trial court judges are not following the law, but are substituting their desired outcome in a case instead of following the law.  This is known as "legislating from the bench".  While trial court judges are allowed some discretion within their rulings, if an appellate court allows a trial court judge too much discretion, then what good is any law when it is ignored by a trial court judge, in the name of "discretion"?

AND, 'HARMLESS ERROR' CAN BE AN EXCUSE TO PREVENT REVERSING A TRIAL COURT JUDGE:

Even when a trial court's rulings are an "abuse of discretion", appellate courts must determine if the trial court's wrongful rulings are "harmless error" or "harmful error".  Too many appellate courts allow trial court judges to "legislate from the bench" for fear of embarrassing (ie: reversing) a trial court judge; AND, find the judge's wrongful rulings were "harmless error".

Dan Wyde's Position:  When a judge "abuses their discretion", there should be a legal presumption that there is "harmful error", and the "winner who benefitted" in the trial court should have to prove the trial judge's "abuse of discretion" did not lead to a wrongful verdict.

2. Who is the best qualified republican candidate to defeat a democrat in the general election?

Former Judge Dan Wyde served as an elected Dallas County judge for 8+ years.  NO OTHER CANDIDATE FOR PLACE 11 HAS ANY JUDICIAL EXPERIENCE.  The Democrat Party will nominate a current judge as their candidate.  In the general election, it is very likely the liberal media will support the Democrat judge, unless republicans nominate the most qualified candidate, which is Dan Wyde.

3. What does the 5th district court of appeals (COA) do?

The 5th District Court of Appeals is one of 14 intermediate appellate courts in Texas.  The 5th COA reviews Final Judgments and interlocutory appealable orders from the County and District Courts in Dallas, Collin, Rockwall, Kaufman, Hunt and Grayson Counties' trial courts.  Doesn't it make sense to nominate a former trial court judge to review trial court judge's rulings?

Questionnaire Responses

More About the Texas Court System

 



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