

David Newell
Republican | Texas
Candidate Profile*
Conservative
BIOGRAPHY
Name
David Newell
Party
Republican
Election Year
2020
Election
General
Race
Judge, Court of Crim. Appeals, Place 9
Incumbent
Yes
EDUCATION
University of Texas School of Law, Austin, J.D., 1997
University of Houston, Houston, B.A., 1993
WORK & MILITARY
Texas Court of Criminal Appeals, Judge, 5.5
Harris County District Attorney's Office, Appellate Prosecutor, 6
Fort Bend County Attorney's Office, Assistant County Attorney, 1
Fort Bend County District Attorneys Office, Prosecutor, 9
AFFILIATIONS
Southminster Presbyterian Church, ChristCare small group worship leader, Exchange Club of Sugar Land
Board member, Texas District and County Attorney's Association, Chair, editorial board The Texas Prosecutor
Houston Food Bank, volunteer, Child Advocates of Fort Bend
contributor, Star of Hope Mission, contributor
Fort Bend Literacy Council, volunteer, Houston Area Women's Center
POLITICAL OFFICES HELD
Judge, Court of Criminal Appeals, 5
POLITICAL OFFICES SOUGHT
(Candidate did not provide)
Race
Previous Races
ENDORSEMENTS*
CONSERVATIVE (3)
Pastors PAC
Texas Leadership Institute for Public Advocacy
Texas Patriots PAC
OTHER (5)
C Club of Houston
HRBC, Houston's Premier Business Coalition
Texans for Lawsuit Reform PAC
*Texas Alliance for Life PAC (TAL)
Texas Civil Justice League
REPORTED BY CANDIDATE (6)
Katy Christian Magazine
San Antonio Police Officer's Association PAC
Texas Alliance for LIfe
Sen. Jane Starnes
Houston Realty Business Coalition
SELECTED CONTRIBUTIONS
CONSERVATIVE
GIVEN BY CANDIDATE (5)
Greg Abbott (2006)
Local, County, and District Republican Organizations (2020)
Republican National Committee (2006)
Republican Women's Organizations (2019)
State Republican Party Organizations (2014)
RECEIVED BY CANDIDATE (9)
Conservative Coalition of Harris County (2014)
Conservatives in Action (2014)
DFW Conservative Voters (2014)
Grassroots America - We the People PAC (2015)
Local, County, and District Republican Organizations (2014)
OTHER INFORMATION
QUESTIONNAIRE
RELIGIOUS LIBERTY
Religious liberty is at risk in the United States and deserves the highest level of protection in the law.
Strongly Agree
The Ten Commandments should not be displayed in public school buildings or court houses.
Strongly Disagree
What does "separation of church and state" mean to you?
The First Amendment prohibits any laws that would restrict the free exercise of religion. In other words, it was not meant to ban religion from the public square, it recognized the rights of citizens to live according to their beliefs.
VALUES
Judeo-Christian values established a framework of morality which is necessary for our system of limited government.
Strongly Agree
George Washington's comment that “Religion and morality are the essential pillars of civil society” is still true today.
Strongly Agree
Briefly describe your spiritual beliefs and values.
I believe that Jesus Christ is my Savior who died for my sins and by accepting him as my Savior I will eventually enter Heaven. Moreover, by having a personal relationship with Him, I will be better able to live a life on earth according to His example. I believe his example teaches the importance of sacrifice and service to my fellow man.
In light of the U.S. Supreme Court decision Bostock v. Clayton County, which justice’s opinion most closely aligns with your opinion of whether the protections of the Civil Rights Act of 1964 should be extended to the LGBTQ community?
Did not answer
What types of pro bono work have you done?
I have not done any pro bono legal work, though I have volunteered my time to charities such as the Houston Food Bank and the East Fort Bend Human Needs Ministry in the past.
ABOUT YOU
I voted in these primaries and general elections:
2012 Republican Primary, 2012 General Election, 2014 Republican Primary, 2014 General Election, 2016 Republican Primary, 2016 General Election, 2018 Republican Primary, 2018 General Election
When you consider your views on a wide range of issues from economic and social matters to foreign policy and immigration, which of the following best describes you overall?
Conservative
Please provide publicly available information validating your answer to the previous question.
That is impossible to do given how broad your question is and how expansive the well from which I am expected to draw support. Further, by highlighting particular economic or social issues, I may run afoul of the Texas Code of Judicial Conduct by suggesting how I might rule in a particular case.
What education or experience qualifies you to hold the office for which you seek election?
I have over two decades of experience as both an attorney and a judge handling criminal appeals. As a prosecutor I have appeared before courts at every level of the court system, justice of the peace, county courts at law, district court, intermediate courts of appeals, both the Texas Supreme Court and the Court of Criminal Appeals, and the United States Supreme Court. I have handled interlocutory appeals, direct appeals, juvenile appeals, CPS appeals, post-conviction writs of habeas corpus, death penalty appeals, death penalty writs, writs of mandamus. I currently serve as an appellate court judge on the Court of Criminal Appeals, and I have done so since January 2015. I am Board Certified in both Criminal Law and Criminal Appellate Law. I currently serve on the Criminal Appellate Law Exam subcommittee for the Texas Board of Legal Specialization. In that capacity I design and grade the Criminal Appellate Law Specialization Exam.
In what areas of law have you practiced?
I have primarily practiced criminal appellate law. I have also handled juvenile and CPS appeals. Having a broad understanding of appellate law, both criminal and civil, is the type of experience necessary to sit on an appellate court bench.
Have you ever been convicted of a felony or been penalized for sexual misconduct? If so, please explain.
No
Why should the voters choose you?
I believe I am the best qualified candidate for the job. I have over two decades of experience in criminal appellate law. I am Board Certified in Criminal and Criminal Appellate Law by the Texas Board of Legal Specialization. I also have been doing the job for almost six years and I have consistently received the highest rankings of any judge on my court in local bar polls. I believe my qualifications for the position are unmatched, as is my temperament.
Is there anything else you would like voters to know about you?
I believe I am the better candidate for this position. I have a record of writing well-researched, thoughtful, and fair opinions. I defer to the text of the Constitution and statutes, and I adhere to precedent unless it is absolutely necessary to overturn it because it was wrongly decided at its inception and demonstrated that it is unworkable in practice. I am also the only candidate with actual experience at the job as I am running for re-election. I hope that voters will give me a chance to continue to serve them in the future.
JUDICIAL PHILOSOPHY
The U.S. Constitution and my state constitution should be interpreted as living documents, rather than using a strict constructionist or originalist approach in judicial decisions.
Strongly Disagree
There are times when American judges should alter U.S. case law in order to comply with foreign case law.
Disagree
Which current U.S. Supreme Court justice best reflects your judicial philosophy?
None consistently adhere to a judicial philosophy
What is the proper use of legislative history in interpreting statutory law?
The text of the statute is the best evidence of legislative intent. If a statute is unambiguous, the statute should be interpreted according to its text. If a statute is ambiguous or would result in absurd consequences such as a constitutional violation, then extra-textual sources such as legislative history can be considered in ascertaining which interpretation of the statute our Legislature intended. However, that legislative history is merely persuasive and should not be used as a justification for judicial amendment of the statutory text. The text of a statute is the most reliable indicator of legislative intent.
What possibilities should a judge exhaust before departing from precedent?
Judges should adhere to precedent unless that precedent was wrongly decided and has proven unworkable. When precedent is bad, it typically proves to be unworkable.
How should a judge determine which rights are protected by the Constitution even though they are not specifically mentioned?
I believe you have to consider the text of the Constitution and the understanding of inalienable rights that existed at the time the Constitution was passed.
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