Chief Justice fires back at Brimer

State Sen. Kim Brimer on Monday accused a Fort Worth appeals court of dragging its feet in his appeal, which ultimately defeated his legal challenge to Democrat Wendy Davis' eligibility on the November ballot.

Last week, the 5th Court of Appeals in Dallas rejected Brimer's appeal suggesting it was too late in the election process since Davis' name will appear on the November ballot. The deadline to remove ineligible candidate was Aug. 22. Thousands of early voting ballots have already been mailed with Davis' name and many have already been returned, according to Tarrant County elections officials.

Chief Justice John Cayce, a Republican, successfully requested, on behalf of the 2nd Court of Appeals, that the Texas Supreme Court move the case to the Dallas appeals court. He gave no reason for requesting the transfer, other than to write "circumstances have arisen which warrant that the case be transferred to another court."

Brimer, R-Fort Worth, suggested Monday that Cayce acted too slowly for the courts to render a ruling on Davis' eligibility.

"I can't explain to you why the appeals court didn't expedite the case like they did in February, except I will tell you that I understand through the grapevine that Mr. Cayce was still upset that he didn't get the appointment to the (Texas) Supreme Court," Brimer said Monday at a Star-Telegram editorial board meeting, which is part of the on-the-record interview process to earn the paper's endorsement.

"I did not stand in his way at the time," Brimer added.

Here's the audio:

Cayce called Brimer's suggestion "outrageous."

"I'm really disapponted in the senator in coming up with a nonsensical explanation for this situation," he said Tuesday. "It is categorically false. The record speaks for itself."

A group of firefighters filed a lawsuit in January challenging Davis' eligibility, which was rejected by the 2nd Court of Appeals. Chief Justice Cayce was on the three-member panel that issued the ruling against the firefighters, saying the firefighters had no standing to bring the suit against her.

Brimer filed a lawsuit in early July challenging Davis' eligibility, saying she was still a City Councilmember when she filed to run for higher office. State District Judge Tom Lowe ruled in late July that Davis was eligible. Brimer appealed.

Cayce said the 2nd Court of Appeals first received the case in early August and granted every motion filed by Brimer's attorneys to expedite the case.

"It sounds as if he is disgrunted with our prior decision," he said. "I can't remember a case in my 14 years that was treated with more emergency attention than this case. We did everything they asked us to do and more, but he is acusing us of delaying his case? It was an emergency created by Sen. Brimer and his attorneys, with the timing of his filing the case and expecting us and everyone else in the judicical process to act at a rate of speed that is impossible."

"It sounds like he is disappointed in the outcome and is grasping at straws and looking for people to blame," Cayce said.

- Anthony Spangler

Comments

[John Johnson]

Mr. Brimer is an egotistical, well coffed, snake oil salesman. He had me fooled for years, but I finally pulled my head out. Regardless of what he says, he is a key reason why we are paying some of the highest rates in the U.S. for insurance. He was a key player in giving TXU and their buyout group everything they asked for resulting in our paying about 40% more each month than we should be for electricity. Check it out. This Republican is voting for Democrat Wendy Davis. While I don't agree with everything she espouses, I can't award Kim Brimer for sticking it to us. He is not one of us; he is one of them. I don't like "them".

[Jim Klimchock]

I attended the Windy Davis debate last night in Fort Worth. I was very impressed with Windy Davis's answers to the questions and her very comprehensive and intelligent responses. We should have elected her to the State senate a long time ago. Right on Ms Davis.

[Jim Klimchock]

Sorry for the typo, I meant to type Wendy Davis

[sgmorr]

I will also vote for Wendy Davis. We've had more than enough of the senator named Kim.

Please help us get Texas out of the hands of the Republicn Party which has sold us out to the highest bidders.

Go smoke another cigar, Kim.

[Kathy]

Although I am an Independent voter, in the past I have usually voted straight Republican in presidential elections.

This year that tendency will cease.

Ms. Davis will definitely get my vote.

I became aware of Ms. Davis several years ago when she adeptly served her city council district constituents.

Although she was not my council representative I was profoundly impressed with her command of the facts; (when it was necessary for her to gain more information) she displayed an unyielding ability to asked deeply probative questions.

Ms. Davis is well educated (TCU undergrad and Harvard law degree) and (I believe) well prepared to serve the great state of Texas as a senator.

I consider it an honor to support her candidacy.

[Vince]

Brimer the Crimer! I've already voted fvor Wendy Davis to replace the crooked Kim Brimer.