Hart: A little mystery over primary opposition to judge – Houston Chronicle
By Patricia Kilday Hart Houston attorney Debra Norris, who aspires to run for judge someday, received a tantalizing phone call from a local political consultant last October.
The caller, Justin Jordan, told her that leaders in her neighborhood recommended her as a judicial candidate. Furthermore, he assured her if she ran against a particular incumbent, State District Judge Steven Kirkland, Houston attorney George Fleming would provide sufficient campaign contributions.
Intrigued, she met both Jordan and political consultant Bethel Nathan, whom Jordan identified as his former employer, at a Starbucks. Their message to her was "we have funding, we’re looking for the right candidate and you are it."
Though she was "flattered," Norris said she decided against the race. "I talked to other people and everything I learned is that he (Kirkland) is an outstanding judge."
The story provides important context as the May 29 Democratic primary approaches. Kirkland, a Democrat first elected in 2008, finds himself battling a well-funded opponent, Elaine Hubbard-Palmer. In her last financial report, her sole contributions, totaling $35,000, came from Fleming’s law firm or the political action committee he funds.
Kirkland and Fleming are far from strangers. The judge recently issued a decision, now on appeal, that could cost Fleming’s firm as much as $13 million in lost earnings. The firm was sued by former clients over $41 million in fees it collected after winning a settlement against the pharmaceutical giant, Wyeth, regarding the diet drug, Fen-Phen.
The clients say Fleming unfairly saddled them with trial expenses that should be covered by his fee. Now, as various lawsuits filed by clients against Fleming wind their way through various Harris County courts, the dispute appears to be spilling over into courthouse politics.
Fleming graciously accepted my phone calls, and flatly denied recruiting any candidates to run against Kirkland. He told me Tuesday he didn’t know Norris, and had never directed any political consultant to seek a candidate to run against Kirkland.
‘A minor deal’
Why would two political consultants claim to speak on his behalf? "I don’t know," Fleming said. "You’ll have to ask them." He acknowledged Nathan has performed work for his political action committee in past election cycles.
Were the contributions his way of signaling displeasure with Kirkland?
"No, no," Fleming assured me. "The way I show displeasure (with a judge) is I appeal his rulings." Palmer, he insisted, "is well-qualified and I think she’d make a good judge."
What about the 2008 reprimand issued by the State Bar of Texas, which ordered her to take an ethics course after she failed to file a lawsuit on behalf of a client? A "minor deal," that occurred a long time ago, he said.
"She has practical experience with clients. She has a good feeling for the types of clients I represent," he said.
Fleming noted that he has a long history of funding Democratic candidates. "I went to the 1964 convention in Atlantic City," he said. "I’ve been active in Democratic politics ever since."
Hart: A little mystery over primary opposition to judge – Houston Chronicle