Tom Perry Speaks Out Against Mallia
From Galveston Daily News, Letters to the Editor for July 18, 2012:Slaughter Gets My VoteI am appalled at the level to which Judge Wayne Mallia and his supporters will stoop out of desperation. First, he misrepresents himself as a Republican incumbent to trick voters who don’t know that he is a lifelong Democrat. Then, in Chicago-style political fashion, he (through his wife) calls for a boycott of a small business because the owner supports Michelle Slaughter.Now, he and his supporters misrepresent his own record, misrepresent the Sanctions Toward Effective Probation program, which allows convicted felons to have repeat chances after violating probation and lie about Michelle Slaughter’s record. Is there anything he won’t do in trying to get elected?Michelle Slaughter has the qualifications, experience and credentials to be one of the best judges in Galveston County. That combined with her integrity and work ethic means she gets my vote. I hope you will see the same and vote for her, too.Thomas N. PerryGalveston

Judges Are Not Legislators
Here is a reprint of an article I wrote for the May 2012 edition of Change Magazine, available at http://www.changemagazine.net/on-the-horizon/bipartisan-voices/1780-judges-are-not-legislators.html: Potential problems within Galveston County’s STEP Program. By Michelle Slaughter, Candidate for the 405th Judicial District Court, Galveston County, Texas. Although our Founding Fathers created “a more perfect Union,” the effort to maintain liberty and our constitutional rights is an ongoing struggle. The Constitution, Bill of Rights and Separation of Powers are critical to maintaining the greatness of the United States and to safeguard the freedoms we enjoy. But, increasingly lawmakers and elected officials take for granted what our Founding Fathers created and what our citizens have bled and died to protect. As a practicing attorney, I see many judges forgetting the proper role of the judiciary. A judge’s role is to fairly and impartially apply the law as it is written by our Legislature. Our Legislature is elected to create the law. Judges should not legislate from the bench—that is not their job under the Constitution. If judges write our laws, then the questions become: Who will review the law? Who provides the checks and balances on the judges? To counter activist judges, we need sound, conservative judges on the bench; judges who understand and respect our Constitution. After years in the courtroom, I have seen the problems of activist judges who legislate from the bench. That is why I am running to be the next Judge of the 405th District Court in Galveston County, Texas. The Judge of that Court symbolizes many of the problems I have seen. The 405th District Court handles felony-level criminal cases and a wide variety of civil cases. There are a number of problems in that Court; it has the lowest efficiency rating in the County by far and a staggering reversal rate in civil cases. But worst of all, the Judge in the 405th District Court legislates from the bench. A few years ago, that Judge created and implemented his own program that allows convicted felons to have third, fourth and even fifth chances. He calls it the STEP program—Sanctions Toward Effective Probation. With STEP, criminals convicted of felony-level crimes who are given probation enter into a contract with the judge. The contract sets forth the terms of probation. If the felon violates probation in certain ways, that felon only gets two or three days in jail and is released back on probation. And these felons get multiple chances after violating probation. This STEP program directly affects the safety of the public but was unilaterally put in place by one judge. It was never enacted by the Legislature or blessed by the voters. Do you feel safe with such a program? While there are many problems with the STEP program, I will focus on two issues. First, it’s not the law. The law requires that judges evaluate the facts of each case on a case-by-case basis and consider the full range of punishment for every violation of the law. When a criminal is given probation and that criminal violates probation, the law requires the State to file a Motion to Revoke Probation. Then there is a hearing where the judge hears evidence of the facts surrounding the probation violation. The judge gets to hear the whole story—whether this felon evaded arrest, beat his wife and children, was found selling drugs—in deciding whether to revoke probation or modify it. With the STEP program, the punishment for certain probation violations is pre-determined. It does not allow the judge to fully consider all the facts and the appropriate punishment. Second, probation is already a second chance and a gift for a convicted felon. Probation requires little more than what ordinary law-abiding citizens are required to do—get a job, take care of dependents, don’t drink and drive, don’t do drugs, don’t commit a crime, pay the bills (i.e. fines), do community service, etc. A convicted felon who has been given the gift of probation, yet still cannot comply with its basic terms, typically does not deserve a third chance much less a fourth or fifth one. But there are some occasions where the person on probation is trying hard to turn his or her life around but has trouble doing so. For example, probation usually requires the probationer to hold a job. Most employers will not hire someone with a criminal record. If a probationer has been using his or her best efforts to find a job but has been denied each time because of the criminal record, he or she has violated probation. If probation is modified to allow that person a little more time to find a job, that probationer may be able to comply with probation and become a productive, tax-paying citizen. Therefore, in some cases, such people who are working hard and trying their best to comply with probation but are struggling despite their best efforts might deserve one more chance at probation. Therefore, it is critical to evaluate probation violations on a case-by-case basis and consider the full range of punishment the way our Legislature intended. I’m sure that the current Judge had good intentions with his STEP program, but he overstepped his role into dangerous judicial activism. It is not his role to create his own programs. If the members of our Texas Legislature want Texas judges to implement a program like STEP, it is their job to research it, propose a bill, debate the pros and cons, and vote. A Judge has no business trying to take the place of our Texas Legislature. One change I will make as the next Judge of the 405th District Court will be to stop legislation from the bench. As a conservative judge, I will safeguard and uphold our U.S. and Texas Constitutions and apply the law as it is written and intended by our Legislature—whether I like the law or not. That is what a judge is supposed to do, and that is what I will do when elected.

Mallia seeks boycott of John Ford Jewelers because John Ford supports Michelle!
On June 7, 2012, Sherry Mallia, wife of Judge Wayne Mallia (Michelle's opponent), called for Mallia supporters to boycott John Ford Jewelers on 61st Street in Galveston simply because John Ford gave Michelle Slaughter a campaign contribution.  Mrs. Mallia posted the call for that boycott on Wayne Mallia's publicly-available campaign Facebook page.  Judge Mallia has repeatedly stated that he stands with his wife on that topic.  Republican Party Precinct Chair, Tom Perry (Precinct 216, Galveston) wrote a letter decrying the Mallias' actions.  Sherry Mallia responded.  Mr. Perry wrote a reply. Below are those letters: --------------------------------------------------------------------------Dear Fellow Republicans,I felt compelled to share with you a recent example of why (among many other reasons) Wayne Mallia is not the person we want for Judge.  He does not share our values.On June 7, 2012, Sherry Mallia (Wayne’s wife) posted on the Facebook page for “Re-Elect Judge Wayne Mallia.”  In that post, Mrs. Mallia called for everyone to boycott John Ford Jewelers on 61st Street in Galveston.  What was her reason for trying to run John Ford out of business? Simply because John Ford supports Michelle Slaughter. Such action by anyone, especially a judge’s wife (and approved by Judge Mallia), is despicable.  To threaten a man’s livelihood just because he decides to vote for the candidate of his choice is completely un-American. It flies in the face of our First Amendment.  Moreover, it shows a willinness to abuse their positions of power and try to hurt people who are not on their side. Those are Democrat tactics.John Ford is a pillar of the community.  He is a good man and a good Conservative. He is very involved in the community and donates a lot to charity.  To attack such a man simply because he supports who he believes is the best person for the office, is atrocious.It is crystal clear that Wayne Mallia is not the Republican choice for Judge of the 405th District Court. Like John Ford, I support Michelle Slaughter.  She is a Conservative and a woman of integrity who shares our values.Sincerely,Tom PerryRepublican Precinct Chair, Pct. 216 (Galveston)--------------------------------------------------------------------------To All Who Received Mr. Tom Perry's E-Mail: I had to laugh when I read Tom Perry's compelling reason to make such a fuss over one of my recent Facebook postings. He speaks of the First Amendment and the right to choose who we support in elections, but most importantly the message I am getting from Mr. Perry's e-mail is that the First Amendment applies to some, but not all.  Apparently, according to Mr. Perry's reasoning, the First Amendment does not apply to me, because I am a "judge's wife".  I find this equally despicable, not to mention extremely hypocritical and insulting. First of all, Wayne did not post the comment - I DID and I AM NOT THE ELECTED OFFICIAL!  If Mr. Perry has a problem with something I did, then he needs to address me personally.  I also find it atrocious that he refers to me solely as, "a judge's wife".  Whereas this is true, I am the wife of a judge, however, it is not how I personally define myself and I have every right to have an opinion and express it the same as any other American to whom the First Amendment applies.  Does Mr. Perry not realize that we are no longer expected to meet our husbands at the door with his slippers, newspaper, and martini when he comes home from work?  My pearls are sitting in a box, and to my knowledge I haven't paired them with a 1950's dress and spiked heals while vacuuming and making cookies for Beaver.  I have to question his views on women's rights and roles in today's society, and wonder just how good of a Republican HE is?  If he defines Republican as having the right to suppress a woman's views simply because she is married to an elected official, then I have missed something along the way.  Therefore, Mr. Perry would be correct in that I do not share his values of choosing who gets to invoke their First Amendment right and when, based on his opinion.  Is this what he expects a judge to do?  A man?  A husband?  Suppress a woman's right to express herself verbally even if you don't agree with her and silence her into submission? Secondly, my views have nothing whatsoever to do with Wayne's qualifications and credentials, or his pristine record on the bench.  Mr. Perry's "red herring" is yet another attempt to detract away from the fact that Ms. Slaughter is highly unqualified for the position for which she is running, and to further condone her lies and deceit upon which her entire campaign is based.  I do not view that as integrity, and if he does, then once again, he is correct in that I do not share his values.  I will, however, compare my conservatism against his any day! Thirdly, I highly doubt that a posting on Facebook to Wayne's supporters will put Mr. Ford out of business, however, every time I put on my wedding ring, my diamond earrings, and other precious jewelry we have purchased from Mr. Ford, I will remember how much we supported him and his business.  I will also remember a phone conversation I had with Mr. Ford some months back and how he outright lied to me about the subject we were discussing based on his actions at a later date.  I posted what I posted based on these events, and it has absolutely nothing to do with abuse of power, as Mr. Perry suggests.  It is highly irresponsible and presumptuous of Mr. Perry to assume there was no basis for it.  It IS interesting, however, that the posting to which he is referring was copied and pasted into an e-mail and distributed by a Democrat Judge.  Where is his integrity and condemnation of THIS very act of which he is taking advantage?  Apparently, Mr. Perry likes to pick and choose who and when certain rights apply to people.  I am reminded, at this point, of a very BIG glass house! Lastly, Mr. Perry speaks of "threatening a man's livelihood."  Is it even necessary to point-out THIS huge hypocrisy?  Believe it or not, I am speechless!!!! Please join me in keeping Judge Wayne Mallia, aka, my husband, on the bench.  He is the only qualified person in this race with REAL experience and has not resorted to lies and deceit to win an election. Sincerely, Sherry Mallia, or per Mr. Perry: "the judge's wife"--------------------------------------------------------------------------Fellow Republicans,You have seen my letter addressing Sherry Mallia’s post on Wayne Mallia’s campaign Facebook page wherein she demands a boycott of John Ford Jewelers simply because John Ford supports Michelle Slaughter.  Then you saw Sherry Mallia’s response, which shows more of the Mallia family’s true colors. This is my response to that letter:Sherry Mallia completely avoids the issue of her posting being reprehensible and proceeds to try to paint me as a misogynist who believes women belong in the home catering to their husbands. This is absolutely comical since there is NOTHING in my email that even vaguely alluded to the status of women. It is especially laughable given the fact that I am out front and center in my support of Michelle Slaughter for Judge of the 405th District Court!  Mrs. Mallia’s letter clearly shows that the Mallias still think like liberal Democrats who all wrongly believe that Republicans dislike women that venture outside the home. You will note that Mrs. Mallia defends her boycott post on Wayne Mallia’s campaign Facebook page by saying that it is her opinion and her post. Yet, Sherry Mallia did not post that on her own Facebook page - she posted it on Wayne’s campaign Facebook page and addressed it to “Mallia Supporters.”  Mrs. Mallia also frequently posts on behalf of Wayne Mallia.  In fact, shortly after the Facebook page was created, Mrs. Mallia posted that the content of the posts on the page are approved by Wayne Mallia. So it is clear that Judge and Mrs. Mallia are on the same page. What the Mallias fail to realize is that by calling for a boycott of a small business simply because the owner supports Michelle Slaughter makes everyone wonder how Judge Mallia could possibly be fair and impartial.  The Mallias are keeping score. They are keeping track of who supports Wayne and who supports Michelle.  It begs the question of whether Judge Mallia keeps a naughty and nice list on the bench and checks it before making his rulings. Do we want a judge like that or do we want a judge with integrity who will always be fair and impartial?I have never seen nor heard Michelle Slaughter attack a Mallia supporter or threaten them in any way.  In fact, Michelle Slaughter has been nothing but nice to Mallia supporters. Michelle even donated her own money to help the grandson of someone she knew was a vocal Mallia supporter.  She didn't see this person as a Mallia supporter or as her enemy - she saw this person as someone in need.  That demonstrates to me that Michelle has integrity and will be fair and impartial on the bench. Michelle Slaughter is a tough, strong, conservative woman who is highly credentialed, experienced, and has her own law practice. Michelle is more qualified for the job than Wayne Mallia was when he ascended to the bench. Michelle is also one of the nicest people you will ever meet.. She is far and away, the best person to be our Judge of the 405th District Court.Sincerely,Tom PerryRepublican Precinct Chair, Pct. 216 (Galveston)

MAY 29 REPUBLICAN PRIMARY RESULTS FOR 405TH DISTRICT COURT
As reported by Galveston Daily News on May 31, 2012: Election Results: Primary 2012 District Court, 405th District - Republican NAME EARLY ELECTION DAY LOCAL TOTAL Michelle Slaughter 6505 32.28% 3510 17.42% 10015 49.70% Zachary Maloney 799 3.97% 577 2.86% 1376 6.83% Wayne Mallia 5044 25.03% 2610 12.95% 7654 37.99% Paul LaValle 640 3.18% 464 2.30% 1104 5.48%