• Bipartisan support, including crossover endorsements from three Republican former Texas Supreme Court justices, a Republican former Solicitor General of Texas, and many other Republican and independent attorneys, business leaders and community members
• Voted “best qualified” by nearly 2 to 1 in the State Bar of Texas Judicial Poll
• Endorsed by all 4 newspapers that made endorsements in this race
• Endorsed by the Texas Municipal Police Association and many sheriffs and prosecutors across the Court’s district

As hard as I’ve worked on this campaign over the last 23 months, I’m prepared to work even harder on the Third Court of Appeals, if given the privilege of serving.

For the Court to eliminate its notorious backlog, it is critical that this open seat be filled with someone experienced in the type of complex legal appeals that the Third Court decides.  As the only board-certified appellate lawyer in this race, head of the appellate section at a major Texas law firm, and an adjunct professor of appellate advocacy at the University of Texas School of Law, I have the experience you can trust to get the job done.

Please vote on Tuesday (if you haven’t already), and let your friends and family know about our race. I would be honored to serve you on our Court of Appeals.

Best regards,

Kurt Kuhn for Justice
Third Court of Appeals

P.S. — Please join us Tuesday night at the historic Driskill Hotel in Austin for our election watch party starting at 7 p.m.

Here is the letter; please share it widely.  You can download a PDF copy here. Early voting runs through October 29, and Election Day is November 2!

Women Lawyers for Kurt Kuhn

October 14, 2010

Dear friends,

As attorneys, we are often asked about the candidates running in judicial elections, by voters who want to cast an informed ballot in every race.  In this election, we urge you to vote for Kurt Kuhn for the Third Court of Appeals.

We are Democrats, Republicans and Independents, but we have something in common: we are women lawyers who recognize Kurt Kuhn as the superior candidate.  Kurt is one of the state’s leading appellate attorneys and the only board-certified appellate lawyer in this race.  He is an active member of the community, a devoted family man, and someone we respect, like and trust.

Kurt, a Democrat, has won the endorsements of several past Republican Supreme Court justices and enjoys enthusiastic bipartisan support.  Kurt was rated “highly qualified” by the Austin Women’s Political Caucus and was overwhelmingly voted “best qualified” in the State Bar of Texas Judicial Poll.  He has been endorsed by organizations ranging from the Texas Municipal Police Association to the Austin American-Statesman.

Despite Kurt’s broad support, the race for this bench will be close. The court’s district includes 24 counties and more than 1.4 million registered voters, and judicial candidates rarely have the resources to mount large campaigns.  That is why we are reaching out to let you know how strongly we support Kurt Kuhn.

We care about this election because the Third Court decides matters of statewide importance.  The court has a heavy docket of state agency cases that affect all Texans, yet it has been plagued with one of the worst backlogs of any state appellate court.  We are confident that Kurt Kuhn is the right candidate to help turn this court around.

You can find out more about Kurt on his website, www.VoteKuhn.com, or by asking any of us.  Please join with us in voting for Kurt Kuhn, whether you cast your ballot early (October 18-29) or on Election Day, November 2^nd. We also hope you will share this information with your friends, family and coworkers, so we can be sure to elect Kurt Kuhn, the best qualified candidate for the Third Court of Appeals.

Sincerely,

Sujata Ajmera
Stacy Alexander
Paige Arnette Amstutz
Kay Andrews
Missy Atwood
Kelly Ausley-Flores
Shelley W. Austin
Susan Dillon Ayers
Caroline Badinelli
Susan Banowsky
Becky Beaver
Elizabeth (Heidi) Bloch
Joelle Schulze Boehle
Jayme Bomben
Susan Desmarais Bonnen
Sofia Harber Bowden
Allison Bowers
Marla Broaddus
Jo-Christy Brown
Julie Buchanan
Jennifer Buntz
Karen C. Burgess
Susan Burton
Cheryl Burtzel
Alicia D. Butler
Tiffany Carnes
Katherine Cheng
Michelle Cheng
Jo Anne Christian
Michelle Chuang
Sara Wilder Clark
Brenda Clayton
Cindy Connolly
Beryl Crowley
Lona Depew
Melonie Montford DeRose
Martha Dickie
Mary Dietz
Judge Sarah B. Duncan
Claire East
Bethann Eccles
Allison Edwards
Elana Einhorn
Barbara Ellis
Lisa R. Eskow
Sarah Foster
Ann Greenberg
Marcy Hogan Greer
Jody L. Hagemann
Diane Hebner
Susan Henricks
Deborah Hensley
Maria Cantu Hexsel
Paula Heyman
Laurie Higginbotham
Susan J. Hightower
Deborah Hiser
Lisa Bowlin Hobbs
Jenny Hodgkins
Jennie Hoelscher
Tracy Holland
Sarah Holland
Lorinda Holloway
Aileen Hooks
Leslie Hume
Toni Hunter
Shannon Hutcheson
Sylvia Imhoff
Eleanor (Cacki) Jewart
Dana Jewell
Leah Karotkin
Mary Keeney
Mary Ellen King
Erin Klaich Kitchen
Mishell B. Kneeland
Paula Knippa
Helen Kocurek
Judy Kostura
Anna Conyers Kuhn
Michelle D. Kwan
Hon. Rosemary Lehmberg
Margi Ligarde
Dana Livingston
Alice London
Lesley Lorenz
Carroll Martin
Kelle Masters
Rhonda Mates
Melissa Mather
Catherine A. Mauzy
Allison McDade
JoAnne Wallace McIntosh
Nikelle Meade
Sally Metcalfe
Anne Morgan
Maggie Murphy
Sinead O’Carroll
Maryann Overath
Lisa Paulson
Ellen Pitluk
Maura Powers
Velva L. Price
Deborah Race
Laurie Ratliff
Beverly G. Reeves
Gracie Renbarger
Reena Richtermeyer
Richel Rivers
Catherine Robb
Amber H. Rovner
Susan Salch
Jessica Scott
Natalie Scott
Linda Secord
Suzette Selden
Laura Bellegie Sharp
Kayla Shell
JoAl Cannon Sheridan
Martha Smiley
Taylor Smith
Jan Soifer
Sarah Starnes
Maria Stewart
Sabrina L. Streusand
Amanda Taylor
Trisa Thompson
Susan S. Vance
Cameron Vann
Elizabeth von Kreisler
Kelly Walton
Brooke Ward
Amy Warr
Karen Watkins
J. Lynn Watson
Jane Webre
Sara Janes Wolf

In the contentious 3rd Court of Appeals race, we have been disappointed by Melissa Goodwin’s run to the hard right, and we believe Kuhn will maintain necessary balance on the court.

And yesterday, the Hays Free Press endorsed my campaign.  They wrote:

A selection for this judicial position . . . is easy. Kurt Kuhn, a Democrat, has amassed support from an overwhelming number of area lawyers, including many Republicans, and is head and shoulders above Melissa Goodwin, who briefly served as a district judge in Austin. A large number of Buda and Kyle area business owners are also lending him bi-partisan support.

Our momentum continues to build.  This remains a tough and close race, but we are headed in the right direction.  Thank you, supporters, for all that you do.

Kurt Kuhn for 3rd Court of Appeals
Austin American-Statesman, October 11, 2010

One of the saddest stories in the history of the Texas judiciary is the current state of the 3rd Court of Appeals.

Once considered one of the best — if not the best — intermediate appellate courts in the state, the 3rd Court has been battling high turnover, slow output and loss of respect.

The collegiality past justices of the 3rd Court of Appeals enjoyed and took pride in fostering is largely a thing of the past, which impedes the court’s improving, but still sluggish, productivity.

The court gets a close look from the business and legal communities because disputes arising from state agency regulations and administrative law end up there.

The selection of a successor to Justice Jan Patterson, who is leaving this year, will be crucial in determining the pace of the court’s recovery.

The race to fill the post Patterson is vacating pits Republican Melissa Goodwin, a former Travis County district judge, against Democrat Kurt Kuhn. On paper, they are a close match, but we believe Kuhn offers a better combination of legal knowledge, skills and temperament — qualities the court needs to restore its lost luster.

Kuhn, 40, is an appellate law specialist and partner at the Brown, McCarroll law firm. His peers respect him, as his showing in the State Bar poll shows. Kuhn also has demonstrated in campaigning for the job the ability to reach out to Republicans.

Legal and political eyebrows shot up when Kuhn announced endorsements from former Texas Supreme Court Chief Justice Tom Phillips and former Supreme Court justices Craig Enoch and Scott Brister, all Republicans.

The Texas Municipal Police Association also has endorsed Kuhn.

That ability to reach across judicial partisan lines is impressive, especially when you consider that retired Supreme Court justices rarely get publicly involved in a judicial race.

That kind of respect is what the court could use right now, along with a shot of energy that a new face and set of eyes will bring to a court that sorely needs help. The court covers 24 Central and West Texas counties, with San Angelo and Austin serving as its West-East anchors. Criminal and civil appeals from those counties end up in a stack to be assigned to the court’s six judges. And for too long, those stacks didn’t move far.

Some of the court’s problems can be assigned to high turnover, election defeats, one death and retirements.

Personality conflicts that contribute to poor communication between the justices who have been left further hinder productivity. And just when the court was regaining some ground, Justice Alan Waldrop resigned in the middle of his six-year term. The governor has yet to name a replacement. Whoever gets the appointment will have to run for re-election in two years.

The American-Statesman’s Chuck Lindell reported in January that the 3rd Court disposed of 82 of its oldest cases, including eight that had been awaiting disposition since 2004.

“Even so,” wrote Lindell, “the six-judge court had fallen so far behind that its docket still contains 39 cases that were filed more than two years ago, a wait time considered unacceptably long by most appellate professionals.”

Things are getting better, said Chief Justice Woodie Jones, but noted the court is a long way from its former glory. Jones and the other court members need help, and Kuhn is the best equipped to provide it.

Don’t Skip Judicial Elections
by Kurt Kuhn
NASW Network, October/November 2010

With Election Day rapidly approaching, we will soon be bombarded with information about many of the contests on November’s ballot – but not judicial elections.  Judicial races, those down-ballot contests between largely unknown candidates, are often overlooked.  That’s regrettable, because whether we realize it or not, courts impact the lives of every Texan every day.  Selecting the best, most qualified judges is as important as any other vote we cast.

Most of us understand how courts can affect people’s lives directly.  Every day, judges decide whether someone will be evicted, and whether someone else will be committed, and whether someone else will succeed in a small claims case.  Judges preside over all kinds of trials, from the most serious felonies to minor traffic offenses, and from commercial disputes between corporations to property disagreements between neighbors.  Each of these cases is of the utmost importance to the parties involved.

But even if we are never party to a court action, we will still be impacted by court rulings.  Can a state agency repurpose a water source from irrigation to city use?  Is the state’s school funding system constitutional?  When can a state agency regulate home insurance rates?  Must an agency consider public safety when deciding whether to permit waste disposal?  These are just a few examples of the kinds of issues judges decide.

Judges don’t make laws or public policy, but their judgments about legal issues inevitably affect public policy.  If you care about issues like education, the environment, business development, and public corruption, then you care about selecting the best judiciary possible.  Having qualified judges on the bench is the only way to ensure that these issues will be decided fairly, based on a correct application of the law, and in a timely manner.

Admittedly, it’s not always easy to determine who the best-qualified candidate is.  But there are resources available.  Read what you can in the news, consult non-partisan voters’ guides, and consider endorsements.  Look for the “bar poll” results, showing who lawyers consider best-qualified.  Consult those you know in the legal profession.  Attend events where the candidates are speaking – you can usually find out about those by signing up on a candidate’s email list.  And never hesitate to contact a candidate directly.  Most judicial candidates welcome the chance to talk to voters, and will thank you for reaching out.

Once you’ve found a judicial candidate you support, let your network of contacts know.  The endorsement of a trusted friend or colleague can be very influential in a judicial race.  You may not be able to persuade your friend or neighbor to choose your candidate for governor or state representative, but sharing information about well-qualified judicial candidates can make a big impact.

Judicial races are as important as any other race on the ballot.  Without question, voters have to work harder to find information to make an informed choice in the voting booth – but considering the impact of courts on our lives, it’s worth the effort.

Kurt Kuhn is the Democratic nominee for the Third Court of Appeals, which covers 24 counties in central and west Texas.  He is head of the appellate practice group at Brown McCarroll L.L.P. in Austin, and teaches appellate advocacy as an adjunct professor at the University of Texas School of Law.

Kurt Kuhn Tops $240,000 Raised for Campaign
Third Court Candidate Continues Strong Fundraising

Austin, Texas—Kurt Kuhn, Democratic nominee for the Third Court of Appeals, announced today that he has raised a total of $241,520.82 during his campaign.  On the campaign finance report filed last week with the Texas Ethics Commission, Kuhn showed $121,370.84 raised over the past six months.  He reported cash on hand of $126,904.25.

“I have made a commitment to campaign across all 24 counties of the Third Court’s district, because the voters deserve it,” said Kuhn.  ”But that requires us to raise the resources necessary to get our message out to a large part of Central and West Texas.  I’m very grateful for the generous support we’ve received so far, and I look forward to continuing to build momentum towards November.”

Over the past six months, the Kuhn campaign received 423 donations from 375 individual donors, for an average of $286.93 per contribution.  Overall, Kuhn has received support from 819 donors during his campaign.

Kuhn attributes his fundraising success to the broad appeal of his campaign.  “Our fundraising report reflects support from every sector of the legal community,” said Kuhn.  “And we’ve also reached out beyond the legal community, to regular citizens who understand that the Third Court decides cases that impact the entire state.”

Contributors to Kuhn’s campaign represent all areas of legal practice, including civil attorneys, criminal defense attorneys, prosecutors, and government agency attorneys.  Law firms supporting Kuhn range from the state’s largest to solo practitioners. Kuhn’s report also reflects that he is receiving financial support from prominent Democrats and Republicans.  Notably, Kuhn received a contribution from former Supreme Court Chief Justice Tom Phillips, a Republican.  Phillips recently endorsed Kuhn, as did former Supreme Court Justices Craig Enoch and Scott Brister, also Republicans.

Kuhn explained, “It is important to me that we run a strong bipartisan campaign.  I’ve always said that if I’m elected I won’t be a Democrat, I’ll be a judge.  It is gratifying to see that sentiment shared by the legal community and other Texas voters.”

Kuhn’s opponent in the race raised $33, 263.16 during the last six months, bringing her total raised in the campaign to $34,458.16, or roughly 1/7 of what Kuhn has raised.  Her cash on hand as of June 30 is $8,582.26, giving Kuhn a cash advantage of nearly 15 to 1.

Democrat Endorsed by Leading Republicans
Former Supreme Court Justices Say Qualifications Prevail Over Partisanship In Appeals Court Race

Austin, Texas—Kurt Kuhn, Democratic nominee for Justice on the Third Court of Appeals, announced today that he has been endorsed by several of the state’s most respected Republican jurists. Former Supreme Court Chief Justice Tom Phillips, former Supreme Court Justice Scott Brister, and former Supreme Court Justice Craig Enoch are supporting Kuhn in his campaign for a seat on the Third Court.

“Kurt Kuhn is undoubtedly the best candidate for this very important court,” said Chief Justice Phillips. “Because experience and qualifications are what matters in a judicial race, I am joining with many other Republicans in endorsing Kurt. He will make an excellent appellate judge.”

Kuhn is an experienced appellate advocate who has spent his career handling the kind of complex appeals that the Third Court hears. He is the only candidate in the race who is board certified in civil appellate law, and he was voted the “best qualified” candidate in a non-partisan poll of all lawyers in the court’s district. Kuhn currently heads the appellate section at Brown McCarroll, LLP, and teaches appellate advocacy as an adjunct professor at the University of Texas School of Law. Kuhn previously served as an Assistant Solicitor General of Texas, handling civil and criminal appeals for the state.

“Appellate work is generally technical, not partisan,” said Justice Brister. “As one of the leading appellate practitioners in the State of Texas, Kurt Kuhn has the smarts, skills, and experience to get the job done on the Third Court of Appeals.”

Justice Enoch said, “To ask a judge to do more than impartially apply the law is to ask the judge to step outside the bounds of the judicial office. I’ve worked with Kurt Kuhn. I know him to be a person of integrity, a person committed to the rule of law, and a person who understands the proper bounds of the office he seeks.”

Kuhn said he hoped the endorsements would send a strong message to Texas voters about the importance of selecting judges based on individual merit instead of partisan politics. “I am humbled to have earned the endorsements of Chief Justice Phillips and Justices Brister and Enoch, all of whom I deeply respect for their service,” said Kuhn. “During my campaign, I’ve emphasized that judges need to be above partisan politics, and I’m very proud of the bipartisan support my campaign is receiving.”

Chief Justice Phillips served on the Texas Supreme Court from 1988-2004. Justice Enoch served from 1993-2003, and Justice Brister served from 2003-2009.

L to R: Scott Brister, Tom Phillips, Kurt Kuhn, Craig Enoch

Great news from the campaign trail, as Kurt Kuhn picks up the endorsement of a prominent public safety group! Here’s the press release sent out by the campaign today:

Kurt Kuhn Endorsed by Texas Municipal Police Association
Law Enforcement Group Cites Experience, Qualifications

Austin, Texas—Kurt Kuhn announced today that he has received the endorsement of the Texas Municipal Police Association in his campaign for the Third Court of Appeals. The TMPA represents over 15,000 peace officers in Texas, and is the state’s largest and oldest law enforcement organization.

“Kurt Kuhn has the experience, training and common sense to serve as a justice on the Third Court of Appeals. Law enforcement needs a common sense judge on the Third Court of Appeals,” stated Tom Gaylor, TMPA Deputy Executive Director.

The Third Court hears both civil and criminal appeals from 24 Central Texas counties. Because it includes our capitol city, it hears many cases involving state officials, agencies, and administrative laws. As a result, it has a tremendous impact on the legal issues that impact the entire state of Texas.

Kuhn is the only candidate in the race with significant experience in both civil and criminal appeals. Currently, he chair the appellate practice group at Brown McCarroll, one of the oldest and largest law firms in Austin. Previously, Kuhn served as assistant solicitor general, representing the state of Texas in civil and criminal appeals. Kuhn also holds board certification in civil appellate law from the Texas Board of Legal Specialization, the only candidate in the race so designated.

“I am both humbled and proud to receive the endorsement of Texas’ finest, who put their lives on the line every day to protect us,” stated Kuhn. “The TMPA recognizes the importance of the cases heard by the Third Court. I am honored to receive their endorsement as the most qualified candidate for this important position.”

Last Saturday, my campaign set a single-day personal record: we visited six counties in one day. The Democratic Party held its annual county conventions, and my team drove up and down I-35, 183, 290, and 71 to visit with delegates in Bell, Williamson, Hays, Travis, Caldwell and Bastrop counties.

Now, a lot of people might wonder, “why spend a cold, rainy Saturday driving 287 miles around Central Texas?” The answer is simple: because that’s what this court deserves. A court this important deserves a candidate who is willing to explain why this race matters, and ask each individual voter for their support.

So last Saturday, that’s what we did. From the cafeteria of the Lockhart Junior High School to a cavernous hall at the Palmer Events Center, from Reunion Ranch in Georgetown to the Wimberley Community Center, we worked to educate voters about why this court is so important and why I am the best qualified candidate for the job. If you missed me–or I didn’t come to your county–here it is in a nutshell:

The Third Court is one of the most important courts in Texas because it hears cases involving state agencies, officials, and administrative laws. As a result, it decides legal issues that impact the lives of every Texan, every day. If you care about issues such as education, energy, water, the environment, or public corruption, you need to care about the Third Court.

A court this important needs someone who knows how to do the job. I am the only board-certified appellate attorney in the race, and the only candidate with significant experience as a civil and criminal appellate advocate. I was voted “Best Qualified” by my fellow attorneys by almost a two-to-one margin over my opponent. I am committed to ending the court’s backlog and working hard to make our Third Court one that all Central Texans can be proud of.

I encourage you to check out the slide show of our campaign stops on Saturday. Thanks to everyone who attended, and please join me in spreading the word about this important court.

Great news!

The State Bar of Texas judicial poll results are in, and I am honored to have been overwhelmingly voted “best qualified” in the race for the Third Court of Appeals by my fellow attorneys!

I want to extend my heartfelt thanks to each and every attorney who cast a ballot in my favor. I’d also like to recognize my supporters who encouraged their colleagues to vote in the poll as well. As a result of your strong belief in my candidacy, I received more votes than both Republican candidates combined.

This poll validates what I have stated since I announced my candidacy in 2008: I am the best qualified candidate for this vitally important court. My career has been dedicated to our Texas appellate courts. I am the only candidate who is board-certified in civil appellate law, and the only candidate with significant civil and criminal appellate experience.

These results remind me why I entered this challenging race in the first place: because justice matters to the people of Central Texas. If given the opportunity to serve, I will work tirelessly, apply the law evenhandedly, and never forget the importance of each opinion to the parties, their counsel, and the jurisprudence of the state. The Third Court of Appeals’ current backlog is unacceptable, and I will work to end it. And I will staunchly defend the right to trial and the proper role of our courts.

While I am humbled by these results, there is still much work to be done before November 2nd, and I can’t do it without your support. Once again, thank you so much for your votes, and thank you for your belief in my campaign.

Our campaign’s press release is below:

Kurt Kuhn Voted “Best Qualified” In Judicial Poll
Third Court Candidate Tops All Other Opponents Combined

Austin, Texas — The Kurt Kuhn campaign announced today that Kuhn has been voted “Best Qualified” in the State Bar of Texas judicial poll by his fellow attorneys. Kuhn, the Democratic candidate for the Third Court of Appeals, received more votes than both Republican candidates combined. These results demonstrate that attorneys who know the importance of the Third Court recognize that Kuhn is the most experienced and capable candidate for the job.

“I am honored to be voted ‘best qualified’ by my fellow attorneys,” stated Kuhn. “It is humbling to know that an overwhelming number of leaders in the legal community view me as the best person for this vitally important court.”

Kuhn’s legal career has been dedicated to the Texas appellate courts. Kuhn is the only candidate who is board-certified in civil appellate law, and the only candidate with significant civil and criminal appellate experience. He chairs the appellate practice group at Brown McCarroll and teaches appellate advocacy at the University of Texas School of Law. Previously, Kuhn worked as an assistant solicitor general, representing the State of Texas in complex civil and criminal appeals.

The nonpartisan judicial poll, conducted each election cycle by the State Bar of Texas, gives the legal community the opportunity to let the general public know who it deems to be most qualified. The poll was both emailed and mailed to every attorney in good standing with the State Bar whose preferred address is within the 24 counties of the Third Court district. During the month-long voting period, Kuhn received 803 votes. As for the other candidates, Melissa Goodwin received 448 votes and Scott Field 304.

Kuhn’s showing in the poll was bolstered by the extensive list of attorneys who have publicly endorsed his campaign. Over 450 leaders in the Central Texas legal community are supporting Kuhn, due to his experience, qualifications, and dedication to our Texas appellate courts.

Previously, Kuhn earned the endorsements of the nonpartisan Austin Black Lawyers Association and Hispanic Bar Association of Austin. He was also rated “Highly Qualified” by the nonpartisan Austin Womens’ Political Caucus.

Kuhn is unopposed in the Democratic primary, and has led all candidates in fundraising on all finance reports filed thus far. He is running for Place 4 on the court, which will be vacated by Justice Jan Patterson at the end of her term.