Thursday, April 25, 2024
Two political science professors this week addressed the possibility that Hood County’s next district attorney could be chosen more on politics and party loyalty than relevant courtroom experience.
Both agreed that the governor has the right to use party activism as a deciding factor if he so chooses.
Both also agreed, though, that it is important for community newspapers and other media organizations to inform the public so that voters can decide whether such tactics matter.
The issue came to the forefront because of documents obtained by the HCN through an Open Records request just days before the start of Sunshine Week.
Spearheaded by the First Amendment Foundation, Sunshine Week highlights the importance of open government and the public’s right to know.
Possible favoritism by Gov. Greg Abbott’s appointments office toward Robert Carter – the least experienced amid a field of five candidates in terms of criminal law experience – was revealed through hand-written notes obtained by the HCN through its Open Records request.
The director of that office did not respond by press time to email and voice-mail messages from the HCN regarding the notes, which were written in response to letters of support for Carter sent by local party leaders who heavily touted Carter’s political activism.
There does not appear to be any wrongdoing involved, and no appointment had been announced by press time, but the situation sheds light on the appointments process.
Dr. Matthew Eshbaugh-Soha, professor and department chair of the Department of Political Science at the University of North Texas, weighed in on the matter. His areas of expertise include the media, bureaucracy and public policy.
Eshbaugh-Soha was under the weather with an illness that affected his voice but communicated with the HCN via email.
“Although we might prefer a candidate who has more experience and presumably could do a better job in that regard, politics is very much a part of the appointment process,” he stated, noting that at the federal level they are referred to as “political appointments.”
Eshbaugh-Soha said that as far as he is aware, the appointments office can choose “whomever they think will do the best job.”
He continued, “This might be due to the political ideology that they prefer, and this might outweigh experience. Ideally, (a governor) would want to find someone who is ideologically aligned with their preferences and who has the most experience to do the best job.”
Dr. Emily Farris, an assistant professor of political science at Texas Christian University whose focus areas include urban politics, said the Hood County district attorney competition and support for Carter based largely on his political involvement highlight an ongoing debate about community-based offices.
“In Texas we have this idea that the local level (offices) should be kind of removed from politics,” she said.
Farris said there is “some evidence” that partisanship is helpful to voters. They take cues, she said, from a candidate’s party affiliation.
The Open Records request showed other candidates for Hood County DA to be Bryan Bufkin, Deanna Belknap, Ryan Sinclair and Stuart Neal.
All have voted in Republican primaries here, according to Elections Administrator Crickett Miller.
Like the state, Hood County is predominantly Republican. All county-level elected officials are aligned with the GOP.
Carter is a former Republican Party chair and has served on the Republic Executive Committee.
Letters of recommendation were filed on his behalf by state Rep. Mike Lang, R-Granbury, and four people who have been leaders in local Republican/Tea Party activities, including the recently seated commissioner for Precinct 4, Dave Eagle.
Although the letters of support did mention Carter’s work as an oil and gas attorney, he was heavily praised for his work in party politics. Unlike the other candidates, he listed no criminal law experience.
Farris said it is not uncommon for appointments to be filled based on patronage.
“It has a long history in U.S. politics,” she said.
The assistant professor also stated that as long as candidates meet the basic qualifications for a post, any additional qualifications are “up to the fancy of the governor; what he views as important.”
An argument in defense of appointments based on patronage is that the governor might feel that he or she can trust that person, Farris said.
However, she said, arguments can also be made that such appointments can be “problematic.”
“It comes down to a longstanding question and debate, particularly in urban politics,” Farris said. “Should (appointments) be based on patronage, or on experience?”
ROLE OF MEDIA, VOTERS
Eshbaugh-Soha noted that the situation with Hood County involves two issues.
“First, the appearance of a conflict of interest can be a problem,” he said. “In our democracy, the voters ultimately make this call.”
The professor said that voters are likely to be informed of situations such as the Hood County district attorney competition only if the media reports on it.
The second issue, he said, is that an appointment candidate’s lack of experience or the appearance of “too cozy a political relationship” can be harmful to the appointee, putting that person in a position of being more likely to make mistakes that could reflect badly on the office and the appointment process.
Eshbaugh-Soha stated that, even though appointments do not have to be merit-based, he feels that a lack of experience “is an easy disqualification for a DA.”
If the difference between candidate qualifications “is vast,” he said, it would be wise for the governor and his appointments office to select a more experienced contender.
LITMUS TEST?
Robert Vick, former Hood County Democratic Party chair and current vice president of the Hood County Democratic Club, feels that if party loyalty takes precedence over substance in the selection of Hood County’s next district attorney, that would “definitely” be “an ethical problem.”
He said, “This is not the way it is supposed to be. You (should be) looking for someone that’s qualified to handle criminal cases, not someone selected because they have knocked on doors and supported Tea Party candidates. That shouldn’t be a qualification at all.”
kcruz@hcnews.com | 817-573-7066, ext. 258
