Biography

 

Name:              James M. Callan

Age:                48

Occupation:     Attorney (Assistant District Attorney)

Website:          callanforjudge.com

Residence: West Side, previously lived on the East Side.

Relevant Experience

Assistant District Attorney, 34^th Judicial District, El Paso County, Texas (1993-2001, 2002-Present). Trial Team Chief for the 171^st and 409^th District Courts (2004-Present); and previously Trial Team Chief for 120^th and 346^th District Courts (1999-2001). Litigation of felony and misdemeanor cases. Reviewed (screened) felony and misdemeanor cases from the various law enforcement agencies, and presented the cases to grand juries for indictment or filed such cases by information and affidavit.

Private practice (1986-1993, 2001-2002). General civil litigation and appellate work, and also some criminal defense litigation.

 

Issues

 

 

1. What is the most important issue facing the court?

 

The most important issue facing the court, as is true with all courts, is timely addressing and disposing of cases without sacrificing justice. Parties in a case, whether civil or criminal, deserve to have their cases heard in within a reasonable amount of time. Further, all persons before the court have the right to expect that they will be treated with dignity and respect, that they will have their day in court (have the opportunity to present their case and be heard), and that a court will make its decisions based on the law and facts in a timely manner to achieve a fair and just result.

 

2. Is the local system of oversight sufficient to protect the public from unfair judges? If so, why, and if not, how would you change it?

 

Our system of justice works very well. It is the best in the world. Our tiered judiciary (established by the Texas Constitution and Texas Government Code) with its trial and appellate courts has an internal checks and balance that is designed to identify and correct mistakes, incorrect rulings and purposeful wrongdoing. Texas also has a State Commission on Judicial Conduct responsible for investigating allegations of judicial misconduct or judicial disability, and for disciplining judges. Finally, in Texas, judges are elected and are always subject to being voted out of office if the public finds them to be unfair.

 

This is not to say that our system of justice is perfect. There is always room for improvement. Our system of justice will improve if we have a well informed public or citizenry willing to participate in the judicial process by responding to jury service, testifying as witnesses when subpoenaed, etc. Finally, the news media, be it the press, radio or television, can help improve our justice system by regularly reporting on court matters. Specifically, the most responsible media would employ (investigative) reporters who would have a “courthouse beat” and report on the day to day activity in the courthouse. As such, the media, together with the public, would serve as a final check and balance by keeping the voting public aware of what was going on in our courts, and if the public did not like it they could vote for a change.

 

3. What experience do you have with the law that will make you a good judge?

 

I have been a litigator or trial lawyer for twenty-one years. I have represented clients in both rural areas and large municipalities across the Sate of Texas. The clients I have represented have ranged from indigent individuals and large international corporations. I have represented clients and/or successfully tried cases as a Plaintiff’s attorney, civil defense attorney, prosecutor and criminal defense attorney. I have also successfully appealed cases. Finally, my father was a judge and I was blessed with the insight and wisdom he shared with me over many years in discussions with hin about the law and cases.

 

4. How do District Courts differ from County Courts?

 

There are two courts of last resort in Texas, the Texas Supreme Court in regard to civil matters and Texas Criminal Court of Appeals with respect to criminal cases. There are fourteen intermediate courts of Appeal. Finally, there are six different types of trial courts in Texas: district courts, statutory county courts, statutory probate courts, county courts, justice courts and municipal courts. The jurisdiction of these courts varies across the state from county to county and there is little uniformity.

 

As stated, there are differences between district courts and statutory county courts. In El Paso, with respect to civil cases, the district courts and the statutory county courts have general district court jurisdiction (both essentially have the same jurisdiction over civil matters). However, as a general rule with regard to criminal cases, district courts have jurisdiction over felony cases and statutory county courts have jurisdiction over misdemeanor cases. (See the attached page providing an overview or summary of the jurisdiction of trial courts in El Paso County, Texas).

 

 

5. What is your position on the trend at the state level to either consolidate the county and district courts or to allow them to hear similar cases?

 

Over the last 15 to 20 years, there has been a growing concern about the organization of our court system (judicial branch of government) and the distribution or allocation of cases within it. So much so that there have special interest groups or lobby groups like “Texans for Lawsuit Reform” who have recently prepared studies addressing the issue. Government bodies (commissions or committees) have even conducted studies and generated reports concerning reorganization of the courts, like the Citizens Commission on Te Texas Judicial System - Report Recommendations “Into the 21^st Century” (A Report to the Supreme Court and the Texas Judicial Council) dated January 1993 and the Senate committee on Jurisprudence Interim Report to the 79^th Legislature dated December 2004. finally, ther has been Legislation written and sponsored supporting a trend to consolidate the courts and/or create equal jurisdiction amongst the courts, such as Senate Bill 1204 that was considered but did not pass in the 80^th Legislature this last Spring 2007. These concerns not only of the public but he bar association has resulted in the Texas Bar Association taking a lead role in conducting a study and coming up with solutions. Specifically, there is the Court Administration Task Force of the State Bar of Texas currently at work creating or formulating a plan to address these concerns.

 

In general, I believe that there is a need to bring about greater uniformity to the courts across the State of Texas. I believe that all district courts throughout the state should have uniform jurisdiction. The same is true for the statutory county courts, statutory probate courts, constitutional county courts, justice courts and municipal courts; at a minimum, the courts at each level (the ones that are designated or named the same) should have equal subject matter jurisdiction. However, jurisdiction might overlap or be equal with respect to two different categories of courts in regard to a particular area of law. For example, district courts and statutory county courts could have concurrent jurisdiction in civil matters and still have different jurisdiction with respect to criminal matters, with district court handling felonies and statutory county courts handling misdemeanors. But there should be uniformity across the state. The allocation of cases amongst the courts could be left to local judicial councils who would best know how to allocate their resources. The trend should be to create greater uniformity and to simplify our laws (Government Code) concerning the courts. The current laws are cumbersome and convoluted.

 

 

6. In El Paso, it seems like lawyers and judges know each other, something perhaps similar to most communities. What are some of the situations under which you think a judge ought to recuse themselves? Are the rules clear enough and if not, how would you change them?

 

The rules concerning recusal are fairly clear. However, it takes time, research and study to become familiar with these laws. The laws concerning recusal of judges are found in the Texas constitution, our statutes, Code of Judicial Conduct, and case law. There are also federal laws pertaining to recusal of judges. In general, judges should recuse themselves if remaining on the case creates an appearance of impropriety or their impartiality is compromised. A judge should recuse himself or herself if the judge, a relative, or close friend, has an interest in the outcome of the case. Judges should recuse themselves if they have a bias or prejudice for or against: a party in the case, an attorney in the case, or the law pertaining to the case, such that it prevents the judge from rendering a fair, impartial and just decision. As a check and balance, a party can move for recusal of a judge and seek a ruling by another judge. Additionally, parties have a right to appeal a court’s rulings. With a system of checks and balances in place, the rules accomplish what is intended. However, we must be mindful that the rules are only as good as the people who implement them. The voting public should take care to be well informed and vote for those individuals who are best qualified to hold the office and should be ever mindful to hold those elected accountable to their office and duties.

 

7. Is there fair access to justice for everyone? How would you improve access; specifically, how would you support public defenders?

 

The answer is yes and no. Theoretically, everyone has access to our court system. Practically, the answer is no; and this is a function of economics and education (public awareness).  Simply put, poor people who are ignorant of our system of jurisprudence do not know where to start so they don’t have a fighting chance – they can’t even get there foot in the door. This situation can improve by bringing about greater public awareness, extending a helping hand and making sure that those who represent the less fortunate (public defenders, etc.) are adequately armed with the resources and have avenues available to pursue and help those deserving of justice. There has to be a willingness of those in the know to at least direct those in need to the people who can help them in legal matters. Public service announcements, referral services, are a start.