An incumbent judge who is under indictment and is battling for her bench maintains that her 12 years of judicial experience better qualify her in the race. But her challenger claims that someone needs to restore integrity and ethics to Harris County's 164th Civil District Court.

Democratic Party donkey Photo: danielfela/Shutterstock

Judge Alexandra Smoots-Thomas and Cheryl Elliott Thornton are the two candidates in the Democratic Primary runoff race for the Houston-based court. Whoever wins will face Republican candidate Michael Landrum in the November election.

Thornton claimed that because her 33 years practicing law has earned her the respect of colleagues, that both public officials and sitting judges asked her to run for the 164th District Court.

"Harris County needs someone whose ethics are not questioned and who is ready and who is able to serve, both legally and through her qualifications, as the next judge," Thornton said. "What differentiates me from my opponent is not just the respect that people have for me, it's also my integrity and my ability to let others be heard."

Smoots-Thomas was suspended in November 2019 from her court by the Texas Commission on Judicial Conduct after federal authorities charged her with seven counts of wire fraud. Claiming this is a political prosecution, she's pleaded not guilty in the case, which alleged she embezzled over $26,000 in campaign contributions and used them for personal expenses like her mortgage and private school tuition for her children.

Smoots-Thomas said that she's presided over the 164th District Court for 12 years and in that time she's handled more than 200 jury trials and countless bench trials. She wrote that after Hurricane Harvey damaged Harris County's courthouse, she used her chambers as a courtroom space so she could keep up her court's efficiency and allow litigants their day in court. During the COVID-19 pandemic, she's helped groups distribute masks and personal protective equipment around the county, she wrote.

"Throughout my years on the bench, I have been given several awards from various groups honoring my service and commitment to the legal community and larger Harris County community," she wrote. "In short, I believe in and strive to exemplify judicial experience, efficiency, and adaptability."

Texas Lawyer is publishing Q&As with judicial candidates in primary runoff elections. Early voting is June 29 to July 10, and election day is July 14.

Here are the Q&As for Smoots-Thomas and Thornton.

Read more: Texas Voters: Meet the Candidates Running for Judge in July Primary Runoffs

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Alexandra Smoots-Thomas

What is a brief biography of work experience, educational qualifications and career honors that you want voters to know about?

Alexandra Smoots-Thomas Judge Alexandra Smoots-Thomas. Courtesy photo.

Judge Alexandra Smoots-Thomas was born and raised in southeast Houston. She is the only child of Sylvia Alexander Smoots, a retired home economics and computer science Houston Independent School District teacher, and W. Bernard Smoots, a retired marketing consultant.

At a young age, Judge Smoots-Thomas excelled in academics and was quickly accepted at the Kinkaid School. While at Kinkaid, Judge Smoots-Thomas joined the school's nationally recognized and award-winning policy debate team. It was during her time with the debate team that solidified her love of the law. Judge Smoots-Thomas traveled across the country with the debate team, bringing home several national speaker and debate awards.

After graduating from the Kinkaid School, Judge Smoots-Thomas moved to Austin to attend the University of Texas at Austin. While in Austin, Judge Smoots-Thomas maintained studies in government and journalism. Judge Smoots-Thomas was also very active in the student government at UT Austin. During her junior year at UT Austin, Judge Smoots-Thomas returned home to Houston to care for her then-ailing father.

Judge Smoots-Thomas completed her undergraduate studies at the University of St. Thomas. Judge Smoots-Thomas graduated with an honors degree in communications, with a focus on print and broadcast journalism.

Though Judge Smoots-Thomas had built an appreciation for communications, she returned to her love of the law and was accepted to South Texas College of Law. During her second year of law school, Judge Smoots-Thomas won a spot on the nationally ranked trial advocacy team. During her law school tenure, Judge Smoots-Thomas won three national moot court titles, two speaker awards, and two briefing awards.

After law school, Judge Smoots-Thomas was asked to join the trial section at Brown McCarroll's Houston office. Judge Smoots-Thomas spent the next several years making weekly visits to the courthouse. After several years of practice, Judge Smoots-Thomas began to change her focus to acquiring additional clients and began the process of entering solo law practice.

In October 2007, Judge Smoots-Thomas opened her own office for the practice of law. The firm expanded and became known as Smoots-Thomas, Brockman, & Brauchle. Interestingly, one of judge's law partners, Judge Brauchle Hawkins was elected to the bench in 2016. Judge Smoots-Thomas actively defended individuals, homeowners, small companies and municipalities. Licensed to practice throughout the state of Texas and in the Southern District of Texas for the United States District Courts, Judge Smoots-Thomas's practice areas were commercial litigation, construction litigation, real estate law and litigation, insurance law (first-party and third-party claims), U.S.C. 1983 claims, family law and personal injury litigation.

In November 2008, Judge Smoots-Thomas was elected to her first term as judge of the 164th Civil District Court of Harris County, Texas. During her first term, Judge Smoots-Thomas significantly reduced her court's docket and presided over almost 100 jury trials. Her most well-known case from the first term involved cleaning up gang and drug crime at Haverstock Hills by signing the first gang nuisance injunction in the state of Texas. In November 2012 and 2016, Judge Smoots-Thomas was elected to second and third terms on the bench, receiving the most votes of any other judicial candidate.

Off the bench, Judge Smoots-Thomas is married to Brandon Thomas. They live with their sons, Aedan (age 14), a freshman at Kinkaid, Brandon (age 14), a seventh grader at Kinkaid, and Dhani (age 10), a fifth grader at Memorial Elementary. All the boys have an active love of basketball, so most of Judge Smoots-Thomas's free time is spent watching lots of basketball. Judge Smoots-Thomas and her family are longtime members of St. Martin's Episcopal Church.

Due to her own health issues and family members afflicted with cancer, Judge Smoots-Thomas is avid supporter of children's and cancer charities. Judge Smoots-Thomas is also passionate about the advancement of women in professional careers. Accordingly, Judge Smoots-Thomas routinely speaks to and supports several community organizations geared toward that mission and acts as a mentor for several aspiring women.

Judge Smoots-Thomas has been the recipient of several bar and community awards. She has received leadership and service awards from Houston Lawyers Association, Mexican American Bar Association as well as from Success in Business and also from The National Association of Negro Business and Professional Women's Clubs.

Why do you want this position?

When I began my legal career, my goal was to be able to help people. Being a judge is the best way for me to accomplish that goal. I get to see firsthand how I can aid, shape, and change for the better the lives of every litigant that walks into my court. I also enjoy the ability to mentor young law students that intern for the court. I take pride in teaching them so that they can avoid some of the pitfalls I experienced in my early days.

How are you different or better suited for the bench than your opponent?

In responding to your question, I must be mindful of my responsibility to uphold the judicial canons in all campaign statements. Accordingly, I can only speak as to my qualifications to remain the judge of the 164th Civil District Court. For the last 12 years, I have been presiding over this court. As the judge of the 164th, I have tried over 200 jury trials and countless bench trials. I have presided over many grounding breaking and essential cases, such as the Freedmens' Town Brick temporary restraining order. I am passionate about service to my community and access to the courthouse. During the Hurricane Harvey aftermath, when the civil courts were tasked with sharing space with the criminal courts, I had to be creative to keep to efficiency in my court. So I turned my chambers or office into an additional courtroom space, where I could hold hearings and bench trials. I worked hard to ensure that all litigants were able to have their day in court after the storm. I also work hard in the community during times of adversity. Since the beginning of the pandemic, I have been working with various groups to provide masks and other personal protective equipment materials to those in need at various locations around the county. Throughout my years on the bench, I have been given several awards from various groups honoring my service and commitment to the legal community and larger Harris County Community. In short, I believe in and strive to exemplify judicial experience, efficiency, and adaptability.

How would you go about managing this court's docket efficiently and effectively?

I would maintain the procedures that have been in place since Hurricane Harvey hit Houston. As some may not realize, the courts are still sharing courtrooms with the criminal courts due to the hurricane damage. As a result, I am only allotted access to my courtroom for half of the month. To continue the efficient flow of justice, my court holds hearings in my chambers which has been converted into a makeshift courtroom. The litigants and lawyers appreciate having the ability to hold proceedings even when a traditional courtroom is not available.

Where can voters go for more information about you?

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Cheryl Elliott Thornton

What is a brief biography of work experience, educational qualifications and career honors that you want voters to know about?

I received my bachelor of arts from Trinity University in San Antonio and my master of arts from St. Mary's University also in San Antonio. I received my JD from Texas Southern University's Thurgood Marshall School of Law. I currently serve as senior assistant county attorney for Harris County and have served thusly for about 10 years. I have also served as assistant attorney general IV for the state of Texas, general counsel for Texas Southern University, and administrative law judge for the state of Texas and taught at both Houston Community College and Lonestar Community College. I have been honored to receive the Houston Bar Association's President's Award, 50 Top Black Professionals and Entrepreneurs of Texas Award, NAACP's Alex Award for Legal Excellence and Houston Museum of Fine Arts Volunteer of the Year Award.

Why do you want this position?

I want this position because I feel it is necessary to restore integrity and honor to the 164th Judicial District Court.

How are you different or better suited for the bench than your opponent?

Most importantly, I am a public servant first and foremost. I have chosen as my avocation as well as my profession to be a public servant. I have been practicing law for about 33 years. In that time I have earned the respect of my colleagues to the point that I was asked by public officials, including sitting judges, to run for this position. They all know me through my work as senior assistant county attorney, or assistant attorney general for the state of Texas or general counsel for Texas Southern University or administrative law judge for the State of Texas. They also know me since I have served as precinct chair, president and member of the Police Advisory Board, and received the President's Award from the Houston Bar Association, as well as my community involvement in the Houston, Museum of Fine Art and Houston Lawyers Association among my community outreach. They know me from these activities and know that I am the best person for this position.

Most importantly, what differentiates me from my opponent is not just the respect that people have for me, it's also my integrity and my ability to let others be heard. To be a good listener, to then form analysis, to make all parties that come before you recognize that both sides cannot win but both can walk away knowing they were heard and, thus, a fair and equitable decision was made, is an important trait in which I can bring forth. My integrity, my ability to show respect to all those that come before me regardless of their race, sex, sexual orientation, religion, ethnicity or economic standing all marry together to make me the better candidate,

Harris County needs someone whose ethics are not questioned and who is ready and who is able to serve, both legally and through her qualifications, as the next judge of the 164th Judicial District Court. That person is me, Cheryl Elliott Thornton.

How would you go about managing this court's docket efficiently and effectively?

I would first be present. I would secondly make sure that trial settings be scheduled on separate days from motion hearings.

Where can voters go for more information about you?