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JP precinct 1?

CS78
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Is McCleary not running again?

Seems Ive seen signs for about 35 different people running. Any ideas who the top contenders are? Thoughts on qualified candidates? I'd like to find myself voting for someone that will follow the statutes and laws to a T and keep personal opinions out of things as much as possible. We don't need another judge Boyett or Garcia.

Crazy that anyone can run with no required qualifications and find themselves with that kind of power.
OnlyANobody
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Here are the Facebook pages of some that I know of right now.

Sue Elliott has worked in McCleary's office for some time.

Kenny Elliott is a long time employee of Brazos County Sheriff's Office.


Justin Lopez

Sue Elliott

Kenny Elliott

Disclaimer - I do know one of the candidates, but won't be voting in that race, as it's not my district. So, I didn't knowingly exclude anyone, these are just the ones I know of.
momlaw
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Josh Benn is the fourth.
website

JP Precinct 2 is also contested.
Mark Taplette
Terrence Nunn
Tommy Munoz
Robert "Robbie" James Jr
momlaw
Aggie99
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Quote:

I'd like to find myself voting for someone that will follow the statutes and laws to a T


I know, me too.

A judge that follows and knows the law! What a novel concept.

Some of these candidates mean well, but the fact that someone can be a judge without any legal training whatsoever is amazing.
whoop_2004
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Well in the Precinct 1 race, Kenny Elliott has over 35 years of Law Enforcement experience with most of them I believe in criminal investigations. I don't know much about the other candidates, and I'm sure they are good people, but having a Justice of the Peace with that many years experience of dealing with the courts system would definitely be beneficial.

I know that in the precinct 2 race, two of the candidates are in law enforcement, but I believe Terrance Nunn has street patrol and investigations experience. I don't live in that precinct, but that would be my choice. Just my two cents...
DBSwooper
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whoop_2004 said:

Well in the Precinct 1 race, Kenny Elliott has over 35 years of Law Enforcement experience with most of them I believe in criminal investigations. I don't know much about the other candidates, and I'm sure they are good people, but having a Justice of the Peace with that many years experience of dealing with the courts system would definitely be beneficial.

I know that in the precinct 2 race, two of the candidates are in law enforcement, but I believe Terrance Nunn has street patrol and investigations experience. I don't live in that precinct, but that would be my choice. Just my two cents...


Terrence Nunn is a verteran and a long time local law enforcement officer. He's held a number of different positions as a police officer including practical street and investigative experience. He's really the best guy for the position and I hope other voters agree.
Rexter
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There's Nunn better for Pct 2.
Josh has Benn there as an atty for 20ish years.
whoop_2004
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Couldn't have said it better!
Olin Buchanan
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momlaw said:

Josh Benn is the fourth.
website

JP Precinct 2 is also contested.
Mark Taplette
Terrence Nunn
Tommy Munoz
Robert "Robbie" James Jr
I'm sure they're all fine candidates. Joshua Benn is my neighbor and friend. He has my support.
Corporal Punishment
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Olin Buchanan said:

momlaw said:

Josh Benn is the fourth.
website

JP Precinct 2 is also contested.
Mark Taplette
Terrence Nunn
Tommy Munoz
Robert "Robbie" James Jr
I'm sure they're all fine candidates. Joshua Benn is my neighbor and friend. He has my support.

Ditto, Olin. Josh is an intelligent and thoughtful guy.
dave99ag
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+1 for Josh Benn. He has my vote as I know he'll be fair and make sound judgements.
AgGunNut
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When taking into consideration all the facets of being a JP, I think Kenny has the needed experience.

Presiding over a court to determine guilt/innocence on Class C misdeameaors.
Presiding over small-claims court and property disputes.
Evictions
Then come what some see as even bigger responsibilities:
Magistrate duties ( determining if probable cause exists and setting bonds for those arrested)
Issuing emergency protective orders
Determining if probable cause exists and issuing arrest warrants of all levels
Death inquests

Of the Pct1 candidates, Kenny has the ability to check all the boxes. No offense to Mr. Benn, but his time as a lawyer has little relevance on the duties of JP. I'll also note that the vast majority of the law he practices are not in the fields handled by JPs other than possibly property disputes.
jtepera
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Josh has been practicing law in JP courts for 20 years ... including misdemeanors and evictions. You can be sued civilly for up to $10k in JP court now and we need someone with a law degree making those decisions.
Rexter
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I know both Kenny and Josh. Both are great guys. Both have done very well in their chosen careers. It comes down to which one has more experience in the area that the JP will need to have. I would say that Josh has more experience due to appearing in court, arguing over evidence, etc. Kenny has more experience in finding the evidence, finding criminals, etc. It bites that one will get more votes than the other, but that's the way it is.
Orlando Ayala Cant Read
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Dealt w Josh a few yrs ago in a court case. Seems like a decent guy.
AgGunNut
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I will say that I was able to sit down for a luncheon last week where all the Pct1 candidates spoke. My opinion remains the same. I also had the feeling that Lopez was simply reading the duties of JP to everyone as though he just got done googling it himself. Didn't come off very well in a room of largely county employees and elected officials from across the area.
AgGunNut
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Interesting. He didn't mention that when he had the chance to toot his own horn when speaking with the other candidates last week and doesn't particularly mention it on his webpage either other than landlord/tenant disputes.

http://www.mytexaslawyer.net/the-benn-law-group-attorneys-joshua-j-benn.html
momlaw
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Yes, I was there last week and today at another forum. Both times Josh specifically mentioned many of his cases have been in JP courts across the state for landlord tenant issues, first offender low level issues, that he has seen great JP courts and those not so much.

Awhile back based upon a positive referral I sent a friend to him regarding a tenant landlord issue. Josh was straight forward, honest, did not go for the line my pockets opportunity. I was impressed with his advice and guidance regarding JP court action.

I consider him one of the worthy contenders for this position.
momlaw
AgGunNut
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He and Kenny definitely stand out against the other two candidates, and it will be a close primary.
Aggie99
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Okay, so...just because someone has several years of experience working in law enforcement, it does not mean they know the law, or how evidence works (in trial), etc. However, I can assure you that an attorney knows these things (even if they do not primarily practice in JP court).

The very idea that someone (who is not an attorney) is somehow more prepared or qualified to handle the duties of a JP or judge, as opposed to someone who is an actual lawyer, is the most illogical thing I have ever heard.



AgGunNut
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When considering duties on the criminal side such as death inquests, magistrate duty, issuing arrest warrants after deciding if probable cause exists, and protective orders, it isn't illogical by any means unless said lawyer had significant practice in criminal law (excluding Class C matters like traffic tickets). Criminal and civil law are vastly different, and a large reason in why it isn't very common to see a lawyer who practices both to any great extent.

There's a reason our good District Judges have a background as prior prosecutors and defense attorneys, if not both.
mgreen
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Corporal Punishment said:

Olin Buchanan said:

momlaw said:

Josh Benn is the fourth.
website

JP Precinct 2 is also contested.
Mark Taplette
Terrence Nunn
Tommy Munoz
Robert "Robbie" James Jr
I'm sure they're all fine candidates. Joshua Benn is my neighbor and friend. He has my support.

Ditto, Olin. Josh is an intelligent and thoughtful guy.
Ditto on Josh here as well.
Aggie99
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Quote:

When considering duties on the criminal side such as death inquests, magistrate duty, issuing arrest warrants after deciding if probable cause exists, and protective orders, it isn't illogical by any means unless said lawyer had significant practice in criminal law (excluding Class C matters like traffic tickets).

Okay, so a lawyer needs more experience (or "significant practice") before he knows enough to do things such as death inquests, perform magistrate duties, or issue arrest warrants (after PC is found to exist). However, a LEO is more than qualified to do these things without any legal training.

Just want to make sure I understand the logic.

Quote:

Criminal and civil law are vastly different

That must be why they have different names for the two areas of law...who knew!?

Quote:

and a large reason in why it isn't very common to see a lawyer who practices both to any great extent.

Wait, this isn't common? I know a lot of attorneys who practice both criminal and civil (to a great extent).

Quote:

There's a reason our good District Judges have a background as prior prosecutors and defense attorneys, if not both.

"Good"(?) This is entirely subjective. However, I am not concerned about whether or not a district judge has experience as a prosecutor and/or defense attorney when there is a civil matter at hand. Further, this is entirely irrelevant considering we are talking about a JP judge and not a district judge.

Anyway, I am not sure I want a police officer (LEO) adjudicating my rights, or the rights of other citizens, as LEOs are not trained to argue the law in court or how to defend/prosecute someone in court. Further, they have not been trained in how a case (of any kind) should be litigated. There are things like evidence, admissibility, relevance, objections, burden of proof, civil procedure, jurisdiction, etc. which an LEO has little to no training on whatsoever.

In the end, I don't mean to focus so much on the lack of qualifications possessed by an LEO. I simply have a general objection to allowing anyone, who doesn't have a real legal education, to serve as a judge and rule on or adjudicate the rights of others.

Further, even if I were to concede the idea that a non-attorney could be qualified enough to serve as JP, I still have a hard time with the concept that somehow, a non-attorney (or someone with little to no legal training) would be more qualified than a lawyer (who does have legal training).

But...its an election, so we can all vote for who we want, no?
DBSwooper
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Aggie99 said:



Further, even if I were to concede the idea that a non-attorney could be qualified enough to serve as JP, I still have a hard time with the concept that somehow, a non-attorney (or someone with little to no legal training) would be more qualified than a lawyer (who does have legal training).


It is important to remember what the Justice of the Peace is in the Texas Constitution as well as the intent of the elected position. JPs are intended to be an "everyman" to proceed fairly in their community and that is often who is elected to the position and has historically been so. However, I understand that your personal understanding and beliefs won't be changed by an anonymous post on the internet.
AgGunNut
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I think you underestimate the amount of training investigators have. Especially one with 35 years of experience, 25 of those being specifically for ongoing investigations and not something like traffic stops, etc. There's quite a bit of higher level thinking involved, and many of the things you feel one isn't qualified to do as a JP, they'd know how to do from the get-go, regardless if they were a lawyer, while a lawyer wouldn't know how to do them right off the bat. What's needed is rational thought and common sense.

FWIW, I do get to spend a larger amount of time around judges of all types and lawyers than the general public due to my job. The work of a JP varies to a fair extent in that my personal belief is that a law degree is not needed if someone has enough practical experience to do the job. Others will disagree, that's fine.

I think they're both worthy candidates, my vote goes to Kenny. Alas, you have your vote too!
cslifer
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Another vote for Kenny!
I agree that you don't have to be an attorney to do a good job as the JP, in fact, some of the worst ones we have had in the past have been attorneys. The current JP there isn't one and he has done a fine job, the same goes for Rick Hill.
On a side note, that JPs office handle quite a bit of pronouncing people and ordering autopsies, something that Kenny has dealt with for years.
Stupe
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The number one priority for me when voting for JP is how willing they are to give deferred adjudication for speeding tickets.
elcampopooch
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My support goes to Josh. I believe he has the experience and background to handle the position
txgardengirl
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I feel like Benn has the experience, community involvement and drive to be a great JP.

This is what is amazing - we all get to vote and support our candidate of choice.

But - why are there so many???

Edit: thanks autocorrect for changing Benn to Bennett the first time!
cslifer
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I am a bit confused by your post...who is Bennett?
TLIAC
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For all of the JP races do we know who will actually be a full time JP? Which candidates will give up their current jobs to be a full time elected judge? That to me is very important.
txgardengirl
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just corrected -
cslifer
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I agree! We have seen that problem before. I am sure Kenny would retire from the sheriff's office, but I really question if Benn would give up his law practice and dedicate himself to a job that pays what that one does.
chrisfield
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I am all in for Josh Benn. Great guy, very reasonable, knows how to listen, knows the law, and would make a great JP.
cslifer
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But do we know if he would be a full time JP?
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