On Wednesday, March 6, 2024, The Texas Tribune reported that Texas Supreme Court Justice John Devine narrowly won the Republican primary against challenger Brian Walker. According to the article, Devine defeated Walker by only 1 percentage point in a hotly contested race that focused heavily on Devine’s record on judicial ethics.
The primary race was unexpectedly competitive. Devine had entered as the front-runner with backing from powerful conservative Christian groups in Texas and decades of support from voters. However, Walker, a one-term appeals court judge little known statewide, launched aggressive attacks against Devine in the final stretch. Walker criticized Devine for missing half of oral arguments before the Supreme Court to campaign. He also painted Devine as an unethical jurist who used his position to advance ultraconservative religious views and political ambitions at the cost of impartiality and public trust in the judiciary.
These ethics-focused criticisms appeared to resonate with voters. Walker steadily gained on Devine’s initial lead from early and mail-in ballots as more Election Day votes were counted. Walker won significant majorities in large counties like Dallas and Bexar. However, Devine’s 65% support in his home base of Harris County was just enough to offset Walker’s narrower wins across other areas.
The article notes controversies that had recently emerged regarding Devine. Last month, remarks from a September speech showed Devine attacking his fellow justices and claiming the criminal appeals court was controlled by “RINOs.” Additionally, Devine did not recuse from a 2022 case involving former colleagues, despite the plaintiff alleging abuse while Devine also worked at the firm.
Looking ahead, Devine will face Democrat Christine Vinh Weems in November’s general election. As the only challenged incumbent, he could remain a focal point amid efforts by Texas Democrats to mobilize voters on issues of abortion, border security, and LGBTQ+ rights. The competitive primary, focused on Devine’s record, signals that ethics issues may continue playing a role in the race going forward.
With this win, Devine survives what was portrayed as a “nail-biter” and referendum on his judicial ethics. However, the narrow margin of victory suggests the impact of the ethics-centered attacks in a contest that was unexpectedly heated for an incumbent justice.
Source: The Texas Tribune