David Newell

Republican | Texas

Candidate Profile*

Conservative

*Additional information appears below for educational purposes; however, only data received prior to the candidate deadline was considered during Panel Evaluation.

BIOGRAPHY

Name

David Newell


Party

Republican


Election Year

2020


Election

General


Race

Judge, Court of Crim. Appeals, Place 9


Incumbent

Yes


Links

David Newell websitesDavid Newell phones David Newell emailFacebookLinkedIn

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*

*These endorsements were received after the deadline and were not considered in the Panel Evaluations and are for additional educational purposes only.
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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