Express-News Judicial Questionnaire/2012

The San Antonio Express-News Editorial Board is asking all judicial candidates to complete and return this questionnaire as part of our 2012 primary election endorsement process. If time and resources allow, we will post the completed questionnaires on mysanantonio.com as a service to voters. Regardless, we will use them to help us determine which candidates to endorse for election this year. We hope having these questions answered in advance will make our meetings with candidates more productive. Many of these questions were modeled after those on the Governor’s Office application for judicial appointments. Please e-mail the completed questionnaires to me at [email protected] by Feb. 3, 2010. If you have any questions e-mail or call me at 210-250-3478.

Bruce Davidson Editorial Page Editor San Antonio Express-News

Name: Luz Elena D. Chapa.

Date of birth: My date of birth is June 24, 1973.

Do you live in Bexar County? Yes.

Position you are seeking: Justice, Fourth Court of Appeals, Place 4.

Describe your legal education: I received my J.D. from St. Mary’s University School of Law in May, 1999.

Describe your civic activities and community involvement: I firmly believe in the community in which I live and in those who populate it. More importantly, as parents, my husband and I feel a great sense of obligation and responsibility to raise our children so they, too, feel obligated to contribute to their community beginning at a young age. My family and I are parishioners at Holy Trinity Catholic Church, and we are members and/or supporters of the , , Southwest School of Art, Museo Alameda, Rey Feo Scholarship Fund, Girl Scouts of America, and St. PJ’s Children’s Home. Previously, I sat on committees to help raise funds for the Rey Feo Scholarship Fund and to establish a four-year degree at Southwest School of Art. I currently sit on the board of The Healy Murphy Center, the Saint Mary’s Hall Parents’ Association, and I am a committee member of Family Connections. Additionally, I am a member of the Bexar County Democratic Women, Bexar County Tejano Democrats, League of Women Voters of San Antonio, San Antonio Women’s Chamber of Commerce, State Bar of , San Antonio Bar Association, San Antonio Women’s Bar Association, Mexican-American Bar Association, St. Mary’s University Alumni Association, and St. Mary’s University School of Law Alumni Association.

Luz Elena Chapa Page 1

Please list noteworthy professional or personal accomplishments: I am proud to state that I have earned a highly regarded reputation amongst friends, colleagues, and civic leaders in West Texas and South Texas throughout my 12 year legal career. I have handled high-stakes, complex cases on both sides of the civil docket. The Texas counties in which I have practiced are as follows: Bexar County, Brooks County, Cameron County, Duval County, El Paso County, Hidalgo County, Jim Wells County, Kendall County, Matagorda County, Maverick County, Nueces County, Victoria County, Webb County, and Willacy County. I am also proud to have earned the Democratic nomination as candidate of the Fourth Court of Appeals, Place 4, along with earning the support of members of the Republican and Democrat parties and official endorsements from the following organizations: Bexar Tejano Democrats, San Antonio AFL-CIO, Stonewall Democrats of San Antonio, North East Bexar Democrats, Bexar County Young Democrats, National Association of Letter Carriers, and Bexar County Probation Officers Association. The personal accomplishments of which I am most proud are that of my 10 year marriage and my seven years of motherhood. My husband and I have established a strong foundation and in turn, my daughters have thrived and benefitted from the example which we have set, both within our own family and as community participants. My daughters understand the meaning of having strong faith and respect and love for mankind.

Please list the federal or state courts where you are admitted to practice:

I am admitted to practice law in the State of Texas and the Southern and Western District Courts of the United States.

Describe your professional career and list the types of law you practice or have practiced in the past. Where are you employed currently? Is your legal practice a full-time job? If you are currently a judge, what type of cases do you typically preside over in your court?

I have been licensed to practice law in the State of Texas for 12 years, and during my career, I have practiced both as an insurance defense attorney and as a plaintiff’s attorney. During my tenure as a civil defense attorney, I handled complex litigation cases and represented automobile, seat belt, and tire manufacturers, business owners, pharmaceutical companies, product manufacturers, and insurance companies, including, but not limited to clients such as Black & Decker, Bic Pen Corporation, Michelin, General Motors, and AIG. As a plaintiff’s lawyer, I have represented individuals and families who have been harmed in some way, catastrophically injured or suffered death. I am currently employed on a full-time basis by Chapa Law Group, PC. For specific information, my employment history is as follows:

x Cauthorn, Hale, Hornberger, Sheehan, Fuller & Becker; San Antonio; 1995; Intern x Congressman Lloyd Doggett; Washington, D.C.; 1995, Intern x Congressman Frank Tejeda; Washington, D.C.; 1995-1996; Legislative Correspondent

Luz Elena Chapa Page 2

x The Center for Legal and Social Justice; San Antonio; 1997; Law Clerk x Chief Justice (Ret.) Alma L. López; San Antonio; 1997; Intern x Law Offices of Frank Herrera, Jr.; San Antonio; 1997-1998; Law Clerk x Lyons & Rhodes, P.C.; San Antonio; 1998-1999; Law Clerk x Oaxaca, Bernal & Associates; El Paso; 2000-2001; Attorney x Barger, Hermansen, McKibben & Villarreal, L.L.P.; Corpus Christi; 2001-2002; Attorney x Hartline, Dacus, Barger, Dreyer & Kern, L.L.P.; Corpus Christi; 2002-2005; Attorney x Chapa & Nevarez, P.C.; San Antonio; 2005-2010; Attorney x Chapa Law Group, P.C.; San Antonio; 2010-present; Attorney

Are you certified as a specialist by the Texas Board of Legal Sepcialization in any area of the law?

I am not certified as a specialist.

How many times did you take the Texas bar exam? Have you ever failed bar exams in any state?

I took the Texas bar exam three times. I have not failed the bar exam in any other state.

How many cases have you tried to verdict?

Throughout my legal career, I have been involved in trials in a support role due to the complex, high stakes nature of civil litigation, both as a plaintiff’s attorney and as a defense attorney. I have worked-up numerous cases that settled on the eve of trial. I worked-up five cases that were tried to verdict, and I assisted as second or third chair. The reality is that over 95% of civil cases are settled before trial.

Have you ever been investigated by a State Bar grievance committee or by the State Commission on Judicial Conduct? Have you ever been disciplined or reprimanded for your conduct as a lawyer or judge? If the answer is yes, please describe?

No, I have not been investigated by a State Bar grievance committee or by the State Commission on Judicial Conduct. I have not been disciplined or reprimanded.

Have you ever been sued by a client? If so, please explain.

I have never been sued by a client.

Have you ever been arrested? Have you ever been convicted of a crime other than minor traffic violations? If the answer is yes, please explain.

Yes, I was arrested for jaywalking in 1998. I approached a bike patrol officer and asked him for help with directions and with possibly escorting an out-of-town colleague to her

Luz Elena Chapa Page 3 vehicle parked in to ensure her safety. After his surprisingly rude and unprofessional response and choice of language, I made the mistake of asking him for his name and badge number. At the time, I felt it necessary to report the officer’s conduct because he was not maintaining the high standards of the San Antonio Police Department, which we all know exist, nor was he proudly representing the City of San Antonio. He obviously grew upset, and he simply arrested me for harassing purposes.

Please discuss your view of proper judicial temperament.

Proper judicial temperament is demonstrating respect for others, being a good listener by allowing attorneys to advocate for their clients, maintaining a high standard of ethics and integrity, and maintaining a balance of judicial responsibilities and of public service. I also believe that proper judicial temperament is setting partisan politics aside without it ever having a role in the manner in which a judge conducts his/her duties and responsibilities. An appellate judge should strictly apply existing law and afford all parties an equal and fair opportunity to be heard. Proper judicial temperament involves not legislating from the bench and not furthering a political party’s agenda or showing bias. Further, proper judicial temperament is absolutely necessary because without it our citizens are not afforded the legal rights and legal representation, which they rightfully deserve.

If you are seeking election or re-election to a criminal court, discuss your view of plea bargains and when they should and should not be accepted.

I am not seeking election or re-election to a criminal court.

Tell us about any plans you have to improve the administration of the court or make it more efficient.

The Fourth Court of Appeals has been one of the most efficient appellate courts in Texas for over 10 years, and if elected, I will maintain its high level of efficiency. With respect to oral argument, I will improve the manner in which it is conducted and handled. I will afford each attorney his/her allotted time prescribed by law and be respectful of the fact that his/her client is paying for legal representation and advocacy and for applicable appellate fees. Additionally, I will be a good listener and not waste counsel’s time, money or that of his/her client’s.

Have you or your spouse ever filed for bankruptcy or has a tax lien ever been placed on you or your spouse?

No, my spouse and I have never filed for bankruptcy nor has a tax lien ever been placed on either one of us.

Luz Elena Chapa Page 4

Why are you seeking this office?

Specifically, I am seeking Place 4 on the Fourth Court of Appeals because I firmly believe that partisan politics and career politicians have no place in the judiciary. I submit to the voters that they should remove my opponent from the bench if they feel he does not have the appropriate judicial temperament and/or has become a career politician who is detached from the underlying issues pertaining to the communities within the 32 counties, which the Fourth Court represents. Additionally and overall, the Court lacks balance. The individuals who populate the Fourth Court’s district deserve open access to the Court and an equal and fair opportunity to be heard. Parties who file appeals should not simultaneously know the outcome, and the makeup of the Fourth Court should never be used as a negotiating tactic during mediations. Every appeal should be given individual attention and scrutiny and not simply a rubber stamp. Our Texas juries should be respected, and more importantly, the reversal of Texas jury verdicts should not be taken lightly. If the voters elect me, I will use my balanced legal mind and combine it with my strong family values to ensure that true justice is served.

Why did you decide to be a candidate in whichever political party you chose?

I chose to run as a Democrat because this is the political party with which I mainly identify due to its profound belief in and continued exercise of democracy. Democracy defines our nation and our legal and judicial system. Democracy defines us as a people and without it, we would lose our identity, which our founding forefathers adamantly believed in and strived to protect.

Are you uncomfortable accepting campaign contributions from lawyers who might appear in your court?

No, I am not uncomfortable accepting campaign contributions from lawyers who might appear before me because I will not allow any contribution, regardless of amount, to play a role in or influence my judicial opinions. I will afford every attorney and every party an equal opportunity to be heard. I will be fair and impartial.

Why are you the best candidate for the position you are seeking?

I am the best candidate for the position I am seeking because aside from my strong, legal experience and qualifications, I am a new voice representing respect, integrity, and hard work. I do have the judicial temperament required for this position, and I am well- rounded, balanced and have strong family values. I grew up on the border and have represented clients across South Texas, specifically within the Fourth Court’s district. Along with my judicial temperament, I treat others equally and with respect regardless of their background, ethnicity or gender. I hold people in the workplace in high regard, and I value people for their hard work. I firmly believe that with this elected position comes an additional obligation and responsibility to serve and represent the community at large throughout the 32 counties. If elected, I plan to engage the younger members of the

Luz Elena Chapa Page 5

Fourth Court’s District in an effort to decrease the high school dropout rate and to increase the rate of those continuing onto higher education. We need our judges to be role models. I will work hard to inspire the youth to stay on track and value their education. Our youth must feel like they, too, are important members of society, and in turn, they will feel encouraged to set goals and achieve them. I would stress to them that morals, values, education, and civic engagement should be a priority in their own lives.

Luz Elena Chapa Page 6