Abbott Tips the Scales in 3rd Court Judicial Race

Gisela Triana

One way to help ensure your favored candidate will win the election is to appoint him to the office in advance. That's the big favor Gov. Greg Abbott did last week for Mike Toth, in appointing him to the unexpired term of retiring 3rd Court of Appeals Justice Bob Pemberton (Place 6), who helpfully stepped down early to make way for his GOP-designated successor. Toth faces Democrat Gisela Triana (200th State District Court judge since 2005).

Sharp questions have been raised by local attorneys about Toth's qualifications for his new gig, since the constitutional requirement is at least 10 years as "a practicing attorney." Toth has been licensed for two years in Texas (spent in a perfunctory capacity on Attorney General Ken Pax­ton's executive team), and although he was licensed in New York state in 2007, he's spent the intervening years as a law clerk, in "business development" for software firm Palantir, and some time as a military attorney in the Marine Corps.

Whether that meets the "practicing attorney" provisions of the state constitution is unclear, but Austin-based Republican attorney Kerry O'Brien reviewed Toth's career and work under Paxton, and describes him as "at best, under-qualified, and at worst, unqualified." ("Point Austin: Disorder in the Court ... of Appeals," Sept. 28). The governor's office did not respond to questions about Toth's qualifications, but apparently Abbott believes he meets sufficient muster to get a leg up on the competition before Nov. 6.

The Triana campaign called the Toth appointment "a political dirty trick to fool voters into thinking an unqualified political appointee is an actual Justice," and Triana added, "It's up to the voters to decide whether we will allow political cronies to pick members of the Court or let voters choose."