Republican Rob Farquharson is running for the Kaufman County Court at Law 2 Bench. Currently serving as an Associate Attorney General under Ken Paxton, Rob outlines his judicial philosophy, vision for the court, and ideas to improve the administration of justice. Note- Both candidates were asked the...
Republican Rob Farquharson is running for the Kaufman County Court at Law 2 Bench. Currently serving as an Associate Attorney General under Ken Paxton, Rob outlines his judicial philosophy, vision for the court, and ideas to improve the administration of justice.
Note- Both candidates were asked the same questions and answered are posted without edit or alteration.
1. Legal Career Preparation for Judicial Role
My career has been spent in the courtroom. I have prosecuted domestic violence cases, tried violent personal injury matters, and held big businesses accountable for actions that harmed the public and the State of Texas. In all of these roles, one of my greatest strengths has been my understanding and application of the Texas Rules of Evidence and the Texas Rules of Civil Procedure. Above all else, a judge must be well-versed in these areas. No attorney can be an expert in all areas of the law, but every judge must understand and be capable of applying the rules of play.
2. Courtroom Experience and Trial Management
People don't like to be in court. And when they end up there, they want, expect, and are entitled to an expedient resolution. When they donât get that, attorneysâ fees are wasted, taxpayer resources are drained, and people are left frustrated and anxious. Unfortunately, that is the current state of play in County Court at Law No. 2. I want to open the courtroom doors and get the Court back to functioning on a full-time basis.
3. Addressing Crowded Dockets
The backlog we face in County Court at Law No. 2 is neither a product of our Countyâs growth nor a lack of courts. Thanks to our forward-thinking State legislators, Kaufman County recently received a new District Court to help keep justice moving. In Kaufman County, we have something that very few counties do: our county courts have almost identical jurisdiction to our district courts, meaning that most cases can be transferred between the district and county courts as necessary.
There are two primary issues causing the current backlog. First, County Court at Law No. 2 is not operating a full-time docket and is effectively closed almost every Friday. Second, I have heard numerous stories about the Court âbustingâ (not accepting) plea deals that have been negotiated between the District Attorneyâs Office and criminal defense attorneys.
The first issue is a simple fix. The doors need to be open and the Court needs to be accessible when it is needed. Attorneys should not have to wait six weeks to set simple prove-ups that take a mere five minutes of time.
Regarding the second issue, there needs to be an appreciation for the Courtâs role in the criminal process. A judge is not a prosecutor, nor is he a criminal defense lawyer. The job of a judge is that of an umpire. As long as a plea agreement is within the wide window of reason, the Court should not be dismantling arms-length deals that have been negotiated between our District Attorneyâs Office and the criminal defense bar. When we return the Court to its correct position in this process, criminal defendants and the prosecution alike will receive a more timely day in court.
4. Sentencing Decisions in Misdemeanor Cases
While it is true that this Court primarily handles a misdemeanor criminal docket, it also has mostly parallel jurisdiction to our district courts, meaning it has the authority to hear most felony-level offenses too.
The most critical piece to this answer is this: when a crime has a victim, forgiveness belongs to that person (or in the worst cases, their family). Forgiveness does not belong to the Court; its job is simple: deliver justice. Only when a victim or their family offers that forgiveness should the Court lighten its hand.
The second piece pertains primarily to first-time, non-violent offenders. There needs to be a healthy respect for the role of the Court. Thankfully, we have a Veteranâs Court and Pre-Trial Diversion Program in our County. I want to see those programs used judiciously. However, when a person repeatedly violates the law or violates the law in a particularly egregious manner that disqualifies them from these programs, justice must be delivered.
5. Ensuring Neutrality in Probate and Guardianship Cases
Probate contests are much like child custody contests in that they involve families in crisis. Mediation should be encouraged. But when mediation is unsuccessful, a judgeâs duty is to apply the law faithfully and impartially. The role of the Court is to follow the text as written â in this context, the Texas Estates Code â not to reshape it based on sympathy or outside pressure.
When family conflict is high, this is all the more important. In these scenarios, a judge must maintain focus on the statutory requirements, ensure every party is heard respectfully and in an orderly fashion, and base his rulings strictly on the evidence presented.
Neutrality means applying the same law the same way in every case, providing fairness, consistency, and predictability for families and their lawyers.
6. Procedural Safeguards in Mental Health Commitment Cases
Mental health commitment proceedings involve some of the most serious liberty interests that a court can address. As such, strict adherence to statutory procedure is essential. A person must be given an expedient opportunity to contest the commitment, receive proper notice, be allowed counsel, and have the opportunity to cross-examine the witnesses against them.
Fidelity to these safeguards is critical to preserving individual liberties and ensuring that the Court operates within its authority.
7. Resolving Property Tax Appeals and Civil Disputes
When businesses, private litigants, and attorneys enter into the judicial system, they deserve to know what the playing field looks like. This is important for businesses to understand the strength of their cases, and for attorneys, it can be an important part of evaluating whether they want to accept or decline a given case. The best thing that the Court can do is follow the law and maintain consistency and predictability in its rulings and procedures.
8. Judicial temperament influences public confidence in the courts. What qualities define an effective judicial temperament, and how do you demonstrate them?
A judge should be patient, humble, polite, neutral, and open-minded, but when appropriate, swift, confident, and decisive. As a Christian, father of young children, and Deputy Chief in the Texas Attorney Generalâs Office, I strive to exemplify these qualities every day in the way I raise my children and lead my team. However, patience and humility are only part of the solution. Our courts exist as a backstop to unlawfulness, and we know that evil will not stop itself. When necessary, a judge must have the temperament to take control.
9. There has been public controversy surrounding a proposed development involving Muslim investors. Regardless of public debate, how will you ensure that all litigants â including religious minorities â receive fair and impartial treatment in your courtroom under Texas law?
It should be noted that while concerns surrounding Sharia Law and the development of an Islamic-only enclave are serious, they are not the only issues at hand. The manner in which SEE Holdings apparently attempted to subvert the public process and avoid scrutiny is alarming. If SEE Holdings and Kaufman Solar have nothing to hide, why have they not shown their cards from the beginning, and why have they sought to limit who can attend their meetings?
According to the Dallas Morning News, SEE Holdings has denied any relationship with Kaufman Solar. Can they seriously expect us to believe that a massive solar farm has nothing to do with the proposed âSustainable Cityâ across the street? Iâm not convinced.
The reality is that Kaufmanâs resources and infrastructure are already strained. The schools are bursting at the seams, the roads are congested, and water prices have soared. All of this is before potentially introducing 20,000 foreign nationals into our rural community.
Any developer that seeks to uproot the history, tradition, and culture of our community deserves the highest level of scrutiny. When they seek to avoid it, everyone should be alarmed.
Whatever the truth may be, our Texas Attorney General has tasked my team with leading the investigation into the development, and we are committed to uncovering the facts.
With respect to religious discrimination, it should also be noted that the issue here is not about discrimination against religious minorities, but reverse discrimination by a religious minority. Those who have researched this issue understand the existing threat. When EPIC City was first advertised in Collin County, it claimed it would be âthe epicenter of Islam in America.â Despite their insistence that they do not intend to discriminate based on religion, skepticism remains.
Moreover, the U.S. Department of Housing and Urban Development is investigating EPIC City, and our Attorney Generalâs Office has an ongoing lawsuit against a Municipal Utility District and its Board for allegedly evading state oversight in support of the development.
But as a Constitutional Originalist, I want to also take a step-back and talk about what our Founders sought to protect when they wrote the First Amendment. Our country was founded as a Christian nation. And every single person involved in passing the First Amendment was either some denomination of Christian or agnostic. They also had healthy respect for Judaism.
But there was heavy religious discrimination among the colonies, especially against Jews and Catholics. And it is that discrimination that our Founders sought to prevent. They were not thinking about Islam.
To be sure, this is not to say that Islam lacks protection under the law. In fact, the First Amendment is not the only law that governs religious freedom in America. We also have federal and state versions of the Religious Freedom Restoration Act, both of which provide much more religious protection under the Supreme Courtâs existing jurisprudence.
The issue that we are facing today, however, is that unlike Christianity and Judaism, the First Amendment and Islam do not fit neatly together. As LakePointe Church Pastor Josh Howerton has explained, Islam is more of a political belief system than it is a religious faith.
And the political belief system is the real threat. It is why Governor Abbot banned Sharia Courts in Texas. And it is why he and Attorney General Paxton asked my team to lead the lawsuit and shut-down CAIR and the Muslim Brotherhood in Texas.
But here is my commitment: in the same way that I am not going to give special treatment to any person based on their family or political connections, so too I am not going to give anybody special (or negative) treatment based on their faith. I will take the facts that are presented before me in any given case and I will faithfully apply the law to those facts. I may not agree with every outcomeâ but that isnât the job. My job is to call balls and strikes. And that is what I will do.
10. What else do you want the voters to know about you?
As the father of a young family, I care deeply about the future of our County. And I want to do everything that I can to ensure that Kaufman County remains a great place to live and raise a family. That is why I have invested my time into speaking withâ and earning the support ofâ community leaders like Terrell Mayor Pro Tem Phil Robison, Terrell Deputy Mayor Pro Tem Donna Renee Anderson, Forney School Board Member Scott Regan, and many others. The fact is that we have the fastest growing county in the State and our tax-payer dollars pay for a full-time judge. And, although a full-time judge is what we need, it is not what we are getting right now in County Court at Law No. 2. Our court is being treated as a retirement position. And that is not what it is. It is a court of law that people need, and rely on, during some of the worst seasons of their lives.
I have the work ethic and legal know-how to restore this Court to its full-time capacity. There is a reason that our Texas Attorney General has described me as an âexcellent pick for Kaufman County.â And there is a reason that he has deployed me across the State to fight some of the toughest and most meaningful battles for our State.
I have stopped radical doctors performing transgender medical treatment on Texas children, I have prevailed in the Texas Supreme Court, I have fought back against foreign land takeovers, and I have sued to dismantle CAIR and the Muslim Brotherhood in Texas.
This track-record is what has earned me the support of grassroots conservative champions and organizations like Texas Right to Life PAC, Texas Gun Rights PAC, Riley Gaines, Lt. Col. Allen West, and Attorney General Ken Paxton.
I am ready to get to work for our County!
