Texas judge brags in campaign mailers about stopping EPA

Bloomberg:

With aspects of the case still pending in his courtroom, Judge Trey Loftin sent fliers to voters saying he forced the U.S. Environmental Protection Agency to back down.

Loftin, who is campaigning to keep his state judgeship in a county west of Dallas, also sent out materials with the image of talk show host Rush Limbaugh, who credited the judge’s ruling in favor of driller Range Resources Corp., based in Fort Worth, Texas, for getting the EPA to reverse course.

(Image from Parker County Blog, an avid supporter of the judge)

What Loftin might be suggesting here -- besides a separate case that EPA settled with Range in March -- is the resignation of Dr. Al Armendariz from his post as director of EPA's South Central region just last month. While the mail piece doesn't quite go that far, reported eyewitness accounts have the judge commenting in campaign appearances that his court decisions resulted in Armendariz's firing.

Except of course that Armendariz wasn't fired. Continuing from the Bloomberg article, which quotes the following text right off the back of Loftin's mailer:

“The EPA, using falsified evidence provided by a liberal activist environmental consultant, accused and fined a local gas driller of contaminating wells,” according to a campaign flier for Loftin’s campaign. President Barack “Obama’s EPA backed down only after Judge Trey Loftin ruled that the evidence was ‘deceptive.’”

At least the law is fairly clear.

The Texas code of judicial conduct prohibits judges from commenting on pending or impending cases "in a manner which suggests to a reasonable person the judge’s probable decision."

That would be Canon 3 B .10 of the Code.

"A judge shall abstain from public comment about a pending or impending proceeding which may come before the judge's court in a manner which suggests to a reasonable person the judge's probable decision on any particular case."

Let's read more reactions to this (apparent) ethical breach.

“The problem of having judges run for office is that sometimes they cross a line in trying to get elected,” James Alfini, a professor of law at South Texas College of Law in Houston and co-author of a book on judicial ethics, said in an interview. “In this case, I think he crossed a line.”

[...]

Even without specific references, the mailer may cause a reasonable person to think Loftin was biased in the case, said Keith Swisher, a professor of law at the Phoenix School of Law and expert on judicial ethics. “The fact that a specific name wasn’t used doesn’t provide” an out, Swisher said in an interview. ...

Judge Loftin's primary challenger delicately weighed in as well.

“I don’t think a judge should ever comment about a case pending in his court,” Craig Towson, Loftin’s opponent in the Republican primary on May 29, said in an interview. “One could feel slighted if you have a judge commenting on the case.”

A complaint will have to be filed with the state commission on judicial conduct for any action to proceed further. So we'll wait and see what happens.

Update: WFAA in the Metroplex reports that Parker County Sheriff Larry Fowler, who was quoted in a separate mailing as endorsing Loftin, called the county's residents with a recording that stated he in fact did not endorse the judge, and furthermore did not authorize the use of his name or photo in the mistaken mailout.

(Whatever one may think of Judge Loftin's actions in this regard, it appears that Sheriff Fowler is pretty mad about the endorsement that wasn't. Robo-calling all the landlines in the county -- even an exurban one like Parker -- isn't cheap.)

No chance Ron Paul endorses Gary Johnson

The Independent Political Report, via Reason:

Ron Paul campaign manager/spokesman/family member Jesse Benton told reporters during a phone conference May 15 that there would be no chance of any endorsement of Libertarian Presidential candidate Gary Johnson by Ron Paul. Benton said that Ron Paul endorsing Republican presumptive nominee Mitt Romney was not out of the question. 

Here's the rationale.

Ron Paul ran as a Libertarian for President in 1988, but has served separate stints as a Republican in Congress before and since, and has run for the Republican presidential nomination in 2008 and 2012. His son Rand Paul is a freshman US Senator from Kentucky and is considered by many to be a future presidential aspirant as early as 2016; other Paul family members are also rumored to have a possible future in politics. 

And here's some of the recent history. I'm emphasizing the names of the players in bold.

Subsequent to his return to Congress as a Republican, Ron Paul has continued his involvement with alternative political parties to some extent, speaking at a number of their events and endorsing a number of their candidates. [...]

In 2008, former Republican Congressman Bob Barr, a Libertarian National Committeeman in 2006-8 who had also supported (2004 Libertarian presidential nominee Michael) Badnarik, ran as the Libertarian presidential candidate and famously earned the Paul campaign’s ire by first agreeing to, then at the last minute refusing to participate in a joint press conference with Dr. Paul, Constitution Party candidate Chuck Baldwin, Ralph Nader (who was running as an independent, as he had in 2004, and ran as a Green in 2000 and 1996), and Green Party candidate Cynthia McKinney. The press conference was planned as a way to announce agreement between these candidates and Dr. Paul on several key issues, and in turn Paul was to suggest that voters consider these four candidates as better alternatives than Obama and McCain without making a specific endorsement. After Barr, who was on the premises, refused to appear with the group on stage and instead offered Ron Paul to become a substitute VP candidate for the Libertarians, Paul responded by endorsing Baldwin. 

Barr backed Gingrich earlier this year but has recently endorsed Romney.

This gives every indication that the Kook Caucus is slowly coming together behind Mitt -- though I believe Tom Tancredo is still a holdout --  even as the relatively sane conservatives offer a legitimate third option in Gary Johnson and Jim Gray, whose nominations as Libertarian Party standard-bearers for 2012 were chronicled here.

Charles Kuffner doesn't agree -- and maybe it's just me who is more aware of third-party efforts while most everybody else remains not -- but I believe the minor parties in Texas are collectively going to exceed much more than their traditional 1-2% of the statewide vote. I think it could be as much as 5% for all of them combined, perhaps a bit more. We'll see.