Three sitting judges, boasting almost a century of collective experience in criminal law, became casualties of Paxton’s retaliatory political campaign following their ruling against the attorney general in a 2021 voter fraud case.
On Tuesday, three incumbent judges on Texas’ highest criminal court failed in their reelection bids after Attorney General Ken Paxton focused his attention on these Republicans due to a 2021 ruling that nullified the attorney general’s authority to independently prosecute voter fraud.
According to the Associated Press, David Schenck, Gina Parker, and Lee Finley emerged victorious in their races, defeating Judges Sharon Keller, Barbara Hervey, and Michelle Slaughter respectively. Presiding Judge Keller has held her position since 1994.
Paxton singled out these judges as part of a broader political vendetta, aiming to remove Texas House members who had voted to impeach him in May.
In 2021, Keller, Hervey, and Slaughter aligned with five other Republican judges on the Court of Criminal Appeals in a voter fraud case. Their 8-1 decision determined that the Office of the Attorney General had breached the separation of powers outlined in the Texas Constitution by attempting to prosecute election cases without authorization from a local prosecutor.
However, in various media appearances and primary advertisements, Paxton portrayed the three incumbents as renegade Republicans who curtailed the attorney general’s authority to pursue voter fraud—a political issue significant to the modern GOP, especially given former President Donald Trump’s unsubstantiated claims of election interference.
Combined, the trio of incumbents boasted nearly a century of experience in criminal law, having served as prosecutors and judges. The Court of Criminal Appeals, Texas’ highest criminal court, comprises nine judges, while civil cases are heard by the Texas Supreme Court.
While the Texas attorney general holds the position of the state’s chief lawyer, the prosecution of crimes, including voter fraud, falls under the jurisdiction of locally elected county attorneys and district attorneys.
Despite Keller, Hervey, and Slaughter no longer serving on the bench, there remain five judges on the court whom Paxton previously targeted for removal due to their opposition to him in 2021. Among them, David Newell and Bert Richardson could seek reelection in 2026, should they decide to run. Kevin Patrick Yeary, the lone pro-Paxton vote, will also face reelection in the same year.
In a statement issued by Paxton late Tuesday evening, the attorney general hailed the defeat of the incumbents as a triumph for democratic ideals.
“To those who attempt to impede justice or subvert our legal system, take heed: The people of Texas will not stand for it,” Paxton asserted in his statement. “Your days of judicial overreach are numbered, and Texans are prepared to demand accountability.”
The all-Republican court is expected to continue under GOP control, given that the three elections are open to voters across the state. It has been thirty years since a Democrat secured victory in a statewide election.
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