Fort Bend County Republican precinct chairs did something no others have done in the state - buck the governor’s judgeship choice for the newly created 400th District Court.

"This group of voters did something no group of voters has done in the state of Texas in six years," said Eric Thode, chairman of the county’s Republican Party. "I think they did the wrong thing. We should have supported the governor."

What Republic precinct chairs did in Richmond on Thursday, May 18, was vote 44 to 41 to put Bradley Smith on the November ballot rather than Gov. George W. Bush’s appointee, Vicki Pinak. The Missouri City resident and lawyer was named by Bush to take the bench on Sept. 1.

Smith, 54, of Sugar Land, served as a visiting judge in Fort Bend County’s Impact Court for five years. Even though it was a temporary position, Smith was hired in 1994 to handle the county’s backlog of cases and didn’t leave the bench until Sept. 30, 1999. At the time, Smith was surprised about being let go and since then has actively sought a judgeship in one of the two new courts the legislature approved for Fort Bend County.

He actively campaigned for the nomination to be on the ballot and won.

Thode said, "It’s not a surprise (this happened) in the sense that I did know an attempt was going to be made to do this. I just think it was incumbent on this party to support our governor. He (Bush) received 85 percent of FBC votes in the primary and 75 percent in the county in 1998. He has made hundreds of judicial appointments across the state and not one of his appointees has ever been defeated in an election."

Thode went on to say that one of the county’s new courts was created in 1999 and the other in 2000. "Never before have district judgeships been created in even numbered years. They are always created in odd numbered years so the appointed judge can run in the March primaries.

"Because of budgetary reason, the legislators took six of the 20 new courts they created across the state, and created them to start Sept. 1, 2000. No one researched the ramifications of doing it in an even numbered year," Thode said.

"If this had been a primary election, Pinak would have won it big. There’s no debating that point. It’s a fact," Thode said.

"Between 20 and 25 people interviewed for this judgeship. Everybody who was interviewed respected the governor’s position and did not attempt to do what was done here last Thursday night."

And Pinak reiterated that. She said, "There’s not one other applicant of these 20 whom the governor considered that decided Gov. Bush made a poor or bad appointment. These 44 precinct judges have enough faith in the governor that he can run the U.S. but not enough faith that he can pick a judge.

"I was really frustrated that I received such a great honor from Gov. Bush and then I had 44 people take it away from me in a period of two weeks.

"I have been bombarded with phone calls from Republicans across Fort Bend, and they are encouraging me to run as an independent. I am considering it now because there are so many people who are disappointed in our community for not supporting the governor. And I’m getting phone calls from people across Fort Bend who are disappointed in the 44 precinct chairs for not supporting them," she said.

"The governor spent nine months evaluating 20 plus people, and he was intensely involved in the evaluation and then we have 44 people who voted against his appointment because the governor did not consult them.

"Nobody asked any of the 44 people why the governor didn’t pick Bradley Smith. He wasn’t even on the short list. They should be evaluating why he wasn’t selected for either court or for the court of appeals.

"Some of these 44 precinct chairs complained that I didn’t campaign for their vote during these nine-month proceedings. The 20 of us who applied weren’t out campaigning because, number one, you don’t know if you will get the appointment and you don’t want to be so cocky as to be out campaigning. You wait until the appointment and then you go out from there," Pinak said.

"Bradley Smith knew early on that he wasn’t going to get it, so he began actively campaigning early. During his interview, he said he would run with or without his appointment from the governor. Bradley Smith told the precinct chairs, ‘I’m better than anyone else and the governor just didn’t see it that way, so pick me.’"

Smith said, "It’s just like a primary election. The only difference is because of the way this particular court was created, the timing of it. The executive committee operated as if it were a primary election."

In his campaign for the nomination, Smith said he wrote the executive committee members letters, called them, visited with them in person "to tell them what my qualifications are.

"With regard to campaigning for this position, anyone could have done it. I was the only one who took the time to talk to them (party chairs) and make myself known to them."

He likened his nomination to a pebble on the road and "one of those family disputes," and said he intends "to work for the election from now to November of the entire Republican ticket from the courthouse to the White House. I look forward to Gov. Bush becoming president."

Smith’s nomination was backed by Norm Mason, a former party chairman and Fort Bend County Christian Coalition founder. Mason sent letters to committee members urging them to vote for Smith on the basis that he believes Smith has stronger legal credentials and more experience than Pinak, who has worked as a lawyer for the past 11 years.

Pinak will take the bench on Sept. 1 and stay on until Dec. 31.