In re Baker

• Decision Date: 25 February 2010
• Docket Number: No. 01–10–00022–CV.,01–10–00022–CV.
• Citation: 404 S.W.3d 575
• Parties: In re James A. BAKER, Relator.
• Court: Texas Court of Appeals

404 S.W.3d 575

In re James A. BAKER, Relator.

No. 01–10–00022–CV.

Court of Appeals of Texas, Houston (1st Dist.).

Feb. 25, 2010.

Eric B. Dick, Dick Law Firm, Houston, TX, for Appellant.

Ricardo Lazaro Ramos, Rick L. Ramos & Associates, P.C., Houston, TX, for Appellee.

Panel consists of Justices JENNINGS, KEYES, and MASSENGALE.

OPINION

MICHAEL MASSENGALE, Justice.

Relator James A. Baker filed this original proceeding, seeking to have the name of a Republican candidate for judicial office removed from the primary election ballot. We dismissed the petition for writ of mandamus for want of jurisdiction. We now substitute this opinion for our prior memorandumopinion, explaining our conclusion that Baker has failed to demonstrate his standing to bring this original proceeding.

Procedural Background

On January 15, 2010, James A. Baker filed a petition for writ of mandamus, requesting that this Court direct Jared R. Woodfill, V, Chairman of the Harris County Republican Party, to omit from the March 2, 2010 primary ballot the name of Rick Ramos, putative candidate for district judge of the 308th Family District Court. The petition did not explain Baker's interest in the controversy. That same day, in order to determine our own jurisdiction, we directed the Clerk to issue a notice that the petition did not fully comply with the requirements of Texas Rule of Appellate Procedure 52.3(e) because it did not fully state the basis of this Court's jurisdiction. The notice directed the parties' attention to In re Jones, 978 S.W.2d 648 (Tex.App.-Amarillo 1998, orig. proceeding [mand. denied] ), in which the court indicated that a petitioner's status as a citizen or voter was insufficient to confer standing to challenge eligibility of a candidate for election. See Jones, 978 S.W.2d at 651 (citing Allen v. Fisher, 118 Tex. 38, 9 S.W.2d 731, 732 (1928)).

Baker filed an amended petition, in which he advised this Court that he is an “active Republican” in Harris County and a “financial supporter” of another candidate for the 308th Family District Court, albeit one who is seeking the Democratic nomination for that bench. A response in opposition to the petition for mandamus was filed by real party in interest Ramos, and that response was joined by respondent Woodfill.

A separate response was filed by Secretary of State Hope Andrade, who had been identified by Baker as a real party in interest. Secretary Andrade indicated that she took no position on the issues presented by this original proceeding, other than to urge the Court to resolve the matter quickly, in light of the statutory requirement that absentee ballots be mailed no later than January 23, 2010, the 38th day prior to the election. SeeTex. Elec.Code Ann. § 86.004 (Vernon Supp.2009).

After receiving the parties' briefs and oral arguments, on January 19, 2010 we issued a memorandum opinion denying relator's motion for temporary relief and dismissing the petition for writ of mandamus. We now explain our reasons for doing so.

Jurisdictional Analysis

A petition seeking mandamus relief must state, without argument, the basis of the court's jurisdiction. Tex.R.App. P. 52.3(e). In his original petition, Baker correctly noted that this Court is authorized to compel an officer of a political party to perform a duty imposed by law in connection with an election. SeeTex. Elec.Code § 161.009 (Vernon 2003) (“The performance of a duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer.”); id. § 273.061 (“[A] court of appeals may issue a writ of mandamus to compel the performance of any duty imposed by law in connection with the holding of an election or a political party convention, regardless of whether the person responsible for performing the duty is a public officer.”). Despite this statutory directive, we must nevertheless consider our jurisdiction to proceed, and the petitioner's standing is an element of our subject-matter jurisdiction. See, e.g.,Tex. Ass'n of Business v. Tex. Air Control Bd., 852 S.W.2d 440, 443–44 (Tex.1993).

In his original petition, Baker included no statement of his interest in this controversyor any other information relevant to his standing to bring this original proceeding. In his amended petition, Baker alleges that he is interested in the Republican primary election for the 308th Family District Court, a “well-known and long-time Harris County Republican activist,” and a “registered Republican.” He claims to be a member of the “Republican National Committee Advisory Board,” but he does not allege anything more about that entity or the significance of his involvement with it. He states that he has an interest for the Republican county chairman “to follow [the] Texas Election Code and disallow an ineligible candidate from winning the primary election as he could later be disqualified by the opposing [D]emocrat[ic] candidate.” Finally, Baker alleges that he is a contributor of an undisclosed amount of money to Julia Maldonado's campaign for election as judge of the 308th Family District Court, and he therefore claims an interest in the possibility that Maldonado might campaign against an ineligible candidate.

Although not stated in Baker's petition, as part of this original proceeding, this Court can and does take judicial notice of the fact that Maldonado is a candidate in the Democratic primary election. Tex.R. Evid. 201(b)(2) (“A judicially noticed fact must be one not subject to reasonable dispute in that it is ... capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.”). Baker has not disclosed to this Court whether he intends to vote in the Republican primary.

“The standing requirement stems from two limitations on subject matter jurisdiction: the separation of powers doctrine and, in Texas, the open courts provision.” Tex. Ass'n of Business, 852 S.W.2d at 443. To have standing, Baker must allege some injury distinct from that sustained by the public at large. Brown v. Todd, 53 S.W.3d 297, 302 (Tex.2001); Blum v. Lanier, 997 S.W.2d 259, 261 (Tex.1999); Hunt v. Bass, 664 S.W.2d 323, 324 (Tex.1984). Factors this Court has considered to determine whether a party has standing have included (1) a direct injury, or threat of a direct injury, resulting from the complained-of wrongful act; (2) a direct relationship between the alleged injury and the claim the party seeks to adjudicate; (3) a personal stake in the controversy; (4) an injury in fact arising from the challenged action, either economic, recreational, environmental, or otherwise; and (5) the appropriateness of the party to assert the public's interest in the matter, as well as the party's own interest. See, e.g., Am. Heritage, Inc. v. Nev. Gold & Casino, Inc., 259 S.W.3d 816, 820 (Tex.App.-Houston [1st Dist.] 2008, no pet.).

We consider each of Baker's claimed interests in Ramos's candidacy to determine whether any of them provide him the interest necessary to confer standing.

1. Republican activities

Baker contends that he has standing based on his status as a “well-known and long-time Harris County Republican activist” and a “registered Republican.” The allegations that Baker has an interest in the subject of this proceeding based on his Republican activities cannot be a stronger interest than he would have if he actually intended to vote in the Republican primary, which would be insufficient to bestow standing. See Brown, 53 S.W.3d at 302;see also Clifton v. Walters, 308 S.W.3d 94, 98–99 (Tex.App.-Fort Worth 2010, no pet. h.) (affirming finding of no standing to challenge candidates' eligibility for election based on plaintiffs' citizenship, voter, and taxpayer status). Likewise, being an active Republican does not distinguish Baker from the rest of the public with respect to an interest in the inclusion of Ramos on the Republican primary ballot.

Baker's claim to be a member of the “Republican National Committee Advisory Board,” without alleging more, also provides no basis for considering him to have any greater interest than any other voting citizen. Baker has not suggested that his association with this board bestows upon him any unique interest, rights, or responsibilities with respect to the Republican primary election for the 308th Family District Court. We thus reject Baker's suggestion that his engagement in Republican Party activities constitutes a basis for his standing in this proceeding.

2. Interest in enforcement of the law

Baker contends that he has standing based upon his interest for the Republican Party county chairman “to follow [the] Texas Election Code and disallow an ineligible candidate from winning the primary election as he could later be disqualified by the opposing [D]emocrat[ic] candidate.” Like the interest of a citizen, a voter, or a taxpayer in any public controversy, Baker's claimed interest in general enforcement of the law is no different than that of any other member of the public at large, all of whom may be safely presumed to favor general enforcement of the laws. See White v. Robinson, 260 S.W.3d 463, 472–73 (Tex.App.-Houston [14th Dist.] 2008, pet. granted) (rejecting plaintiffs' standing based upon their interest in enforcement of law, which arguably was greater than that of the general public); Eddowes v. Curry, 599 S.W.2d 367, 370 (Tex.Civ.App.-Fort Worth 1980, no writ) (finding no justiciable controversy when plaintiff citizens' interest in enforcement of criminal laws at issue was not a greater interest than that possessed by the public generally); cf. Scott v. Harris Methodist HEB, 871 S.W.2d 548, 550–51 (Tex.App.-Fort Worth 1994, no pet.) (holding that private taxpayer lacked standing to contest tax exemption that taxpayer asserted was secured through fraud and noting that taxing authority could challenge tax exemption and district attorney could enforce law). We reject...