El Paso Matters sent questionnaires to every candidate in a contested primary race to help you decide who you want to represent you. Candidates were asked to limit their responses to 100 words. Responses have been lightly edited for grammar and to fit the word count.
8th Court of Appeals, Place 2: Democratic Primary
Courts of appeals have intermediate appellate jurisdiction in both civil and criminal cases appealed from district or county courts in a specific geographical region of the state. The 8th Court of Appeals covers El Paso County and 16 other West Texas counties.
Who’s running for this seat?
Lisa Soto
Lisa Soto, 49, is a contract attorney for the 8th Court of Appeals and a professor of practice at the University of Texas at El Paso.
Lerma
An appellate court justice reviews the procedures and the decisions in the trial court to ensure that the proceedings were fair and that the proper law was applied. An appellate justice must be fair, independent, and have experience both in the law and ability to understand the complexities of a variety of different practice areas. I bring real-world trial and appellate experience, and have handled the type of cases that are presented for this court. It is experience that will benefit the Court, but more importantly our community. I am also a business owner, running a solo-practice requires hustle, the ability to move things and hard work, which I also bring to the Court.
Soto
The role of a justice is to analyze each case on appeal before the court and issue decisions with fellow justices to correct certain errors from the trial court level. Speaking only for myself, I can say I will bring my strong skill set in the critical areas of research, writing, and legal analysis. I am an independent, critical thinker with intellectual integrity who will step into each case to make decisions based on the records before the court without prejudging parties or issues. Other strengths I will bring include excellent listening, collaborating, and management skills, all of which are essential to the court’s ability to be productive and issue decisions.
Lerma
I have filed 47 appellate cases. I have also collaborated on at least 25 appeals, either in briefing and collaborating for other attorneys, proofreading, or helping strengthen the substance of their argument as they prepare their briefs. I have also filed Petitions for Discretionary Review in the Texas Court of Criminal Appeals and Supreme Court of Texas.
Soto
I cannot count the number of cases I have represented on appeal over my career, as I have worked on appeals since I was a Texas Supreme Court intern and a firm law clerk in the mid-1990s. Areas of appeals I have covered include civil rights law, constitutional law, labor and employment law, child protection law, and school law.
Lerma
The backlog is at the forefront of issues with the Court. The Texas Supreme Court intervened in the 8th Court’s docket in 2018 to reduce the backlog, but it has continued even though this district has the least filing of appellate courts. We need to develop ways to improve efficiency, such as meeting more regularly to review the status of cases, reviewing cases quicker, utilizing technology more such as hyperlinking cases in the briefs and record. Contract attorneys are helping move the docket and render decisions, but what they are working on and their level of experience is not clear, or whether training periods contribute to the backlog. Making the court more transparent would help understanding why the backlog exists.
Soto
I think the backlog is multifaceted, including but not limited to lags in transitions between justices and difficulties in staff retention due to the court’s long-term budget and delays due to COVID-imposed changes in operations and a ransomware attack. My plan is to continue to work for the 8th Court of Appeals and increase my personal productivity level so that upon taking the bench, the court does not suffer from a lag in the transition. I also plan to cut back on my current community service activities and pour those extra work hours into this position.
Lerma
I oppose such proposals. As Senate Bill 11 is written, its purpose is to consolidate power in the hands of one party or one frame of thought, nothing more than what we can see as judicial partisan gerrymandering. The proposal was in no way an effort to improve judicial efficiency or the court system, but to limit and take away power from the people. Additionally, if we are dealing with backlogs, then why make lesser courts with greater jurisdictional areas.
Soto
I am gravely concerned about any proposal to consolidate the courts of appeal in a manner that would threaten our local court seat or our democratic party, and consequently our community’s access to justice. I have spent a career fighting for equal access to justice in many regards, and I will do my part to fight to retain our regional court of appeals by contributing all of my efforts to move the court forward and further its productivity.
Lerma
No, I believe the voters represent the voice of the people and elections speak for whether a person should be in office or not.
Soto
If elected, I would seek to occupy the position for as long as I am able and willing to productively, effectively, and fairly serve the community in this way with all of my efforts. Once I feel unable to do that, I would not seek to continue in the position. My interest in running is to serve West Texas well, not to preserve a position for myself.
Lerma
Our courts should be representative of the people of El Paso, and our judges should possess the experience needed for the Court they want to preside over. I have been on the ground floor of the courthouse representing clients in criminal, family, and civil cases in trial and appellate level cases, and have experience that is substantive to the Court’s work. It is important to have tried a case and participate in our system before reading a record because it is not an academic experience; it is an appeal that will tremendously affect the lives of El Pasoans because oftentimes, the Court of Appeals is the last resort for many El Pasoans.
Soto
I decided to pursue this position because in October, a group of my colleagues asked me to run. Following much contemplation and speaking with other attorneys whom I would support rather than split the democratic vote if they were to have run for the position, I felt responsible to step forward.
