But incumbent, while saying his are solid, says politics are low priority

12:00 AM CDT on Sunday, April 9, 2006

By DAVE MICHAELS / The Dallas Morning News

ELECTIONS '06AUSTIN – If Charles Holcomb wins his race this week to retain his seat on the state's highest criminal court, the 72-year-old judge would be able to serve only a few years before taking mandatory retirement.

But his opponent for the Court of Criminal Appeals, Terry Keel, isn't exploiting that fact as he tries to unseat Judge Holcomb in Tuesday's runoff. Instead, Mr. Keel, a state representative from Austin, is reminding Republican voters that Judge Holcomb was a Democrat until changing parties nine years ago.

"There's a right for Republican primary voters to know the judicial philosophies of who they elect," said Mr. Keel, 49. "Especially when we have had obscure candidates elected who don't have a conservative philosophy. I would count Judge Holcomb as one of those."

Judge Holcomb, a Wimberley resident, describes himself as a moderate Republican and says his conservative credentials are solid. But he insists that party politics have nothing to do with judging matters of criminal law.

"Especially in this court, as opposed to a civil court, party politics does not play one iota into what our decisions will be," Judge Holcomb said. "It's a straw man."

Judge Holcomb is not actively campaigning, but he recently benefited from a mailing funded by the Conservative Republicans of Harris County and the Conservative Republicans of Texas, a political action committee chaired by Steven Hotze, a physician who champions conservative Christian causes.

Allen Blakemore, a consultant for the groups, said many Texas Republicans, including former Sen. Phil Gramm and Gov. Rick Perry, began their careers as Democrats.

"He [Judge Holcomb] has demonstrated a conservative track record in office, and we have no problem with that," Mr. Blakemore said.

Asked why the groups support him, Judge Holcomb pointed to his 27 years of experience as an appellate judge, trial court judge, county attorney and district attorney.

"Maybe they just view that experience as more important than legislative experience," he said, referring to Mr. Keel's career. "I personally hold to the same view."

Mr. Keel has trumpeted his experience as a prosecutor, defense attorney, sheriff and lawmaker. He chairs the House's criminal jurisprudence committee.

"I have been on both sides of the counsel table," Mr. Keel said. "That is what this court needs."

In a mailing sent to most counties, Mr. Keel told voters: "Don't let another 'in name only' Republican sneak onto the bench," and mentioned endorsements from the National Rifle Association and the Texas Alliance for Life, which opposes abortion.

"When Republican voters look at his political history, they will not vote for him," Mr. Keel said.

Under state law, Judge Holcomb would have to retire when he turns 75. He said voters shouldn't worry about his retirement because Gov. Rick Perry would appoint a good replacement.

Judge Holcomb said he is running again partly because both prosecutors and defense attorneys have urged him to stay. He is in good health, he said, and enjoys the work.

"We'll throw the dice and see what happens," he said.

E-mail dmichaels@dallasnews.com

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