W. David Friesenhahn – Judge, Hays County Court at Law #2

W. David Friesenhahn

 

What is your work history, including employment?  Please respond in list format.

*The W. David Friesenhahn Law Firm, 1995-present, criminal trial lawyer/solo law practice

*Comal County Attorney's Office, 1991-1995, prosecutor/First Assistant County Attorney

*Guadalupe County Attorney's Office, 1990-1991, prosecutor

*Texas Attorney General's Office, Criminal Law Enforcement Division, 1989-1990, Assistant Texas Attorney General.

 

What is your educational history, including degrees received, licenses, professional credentials, etc.?  Please respond in a list format.

*Board Certified in Criminal Law, Texas Board of Legal Specialization, 2003-present.

*Texas Law License, Texas Supreme Court, 1989.

*School of Law, University of Texas at Austin, J.D., 1989.

*Rice University, B.A. in American Studies, 1986.

*Member, Texas Criminal Defense Lawyers Association

*Member, Texas District & County Attorneys Association, 1990-1995.

 

What is your history of supporting Democratic organizations and/or candidates?

I was recently a Hays County Democratic Party Precinct Chair (Precinct 340) and am a proud member of the San Marcos Area Democrats.  However, the first campaign I ever volunteered for was Lloyd Doggett's U.S. Senate campaign, back when I was a student at Rice University.  I have been a loyal Democrat ever since.   In law school, I volunteered for the campaigns of Jim Mattox for Attorney General, Mark White for Governor and Dick Gephardt for President.  Prior to moving to San Marcos over 13 years ago, I briefly resided in Comal, and then, Guadalupe Counties.   I belonged to the Comal County Democrats, as well as the Guadalupe County Democrats.  The most recent Hays Democratic campaign that I contributed to was Kelly Higgins for Criminal District Attorney.

 

What, if any, experience do you have with non-partisan volunteering and community engagement in Hays County?

I am a member of the Friends of the San Marcos Library.  In addition, my teenage daughter is the current president of the San Marcos Youth Task Force, and I try to help support that organization in any way that I can.  A few years ago, I was an assistant troop leader for the Girl Scouts of  San Marcos (I am, however, now retired from the cookie business.).

 

What areas of the law have you practiced?

Hays County Court-at-Law No. 2 primarily handles criminal cases, and I've been a criminal trial lawyer for over 35 years.  I've been a prosecutor, as well as a criminal defense lawyer.  I'm board certified as a specialist in criminal law by the Texas Board of Legal Specialization.  I've handled literally thousands of criminal cases, I've tried over 150 jury trials to a verdict , and I've presented oral arguments before the Texas Court of Criminal Appeals.  But I do have some background on the civil side, as well.  As a prosecutor, two of my jobs were to represent Child Protective Services in child abuse cases, as well as to obtain family violence protective orders for victims of domestic violence.  When I first went out into private practice (and was trying to figure out how to pay the rent), I took almost any case that came through the door.  As a result, I have represented clients in divorces, child support and child custody cases, landlord-tenant disputes, mental health commitments, and probate matters.  In addition, as a part of my current practice, I handle civil cases related to criminal matters, such as protective orders, occupational licenses, and expunction of criminal records.

 

How do you handle making difficult decisions, especially ones you may not personally agree with?

I assume the question means making difficult legal decisions, where following the law might violate one's personal beliefs.  I reject the premise of the question.  There is never such a conflict for me.  As I mentioned before, I'm a criminal trial lawyer, and I tell people that my job is simply to defend the Constitution and the Bill of Rights, one case and person at a time.  The very foundation of the Constitution is the rule of law, as opposed to the whims of any single person.  The reason why the rule of law is the foundation of our system is so that people are treated equally, not on the basis of who they are, or the personal beliefs of a judge.  Fortunately, every single human being I represent is entitled to the full protection afforded to them by this idea.  As long as my actions and advice are in the service of this idea, there is never any difficulty making decisions.  A judge should be no less an advocate for the Constitution and the rule of law than a lawyer, and following them is always the right decision,  and in accordance with my personal beliefs.

 

What Democratic values will you apply to your work once elected?

The best way for a trial court judge to be an ambassador for the Democratic Party is to simply run a fair court that treats everyone with respect -- to uphold the Bill of Rights one case at a time.  Beyond that, judges should actively emphasize values that align with the values of the Democratic Party -- namely, equal justice for everyone and respect for the rule of law.

 

The rule of law is under unprecedented attack in America.  How can we trust you to defend the rights of Hays County people even in the face of pressure from the state and federal government?

I have been defending the rights of individuals against the government almost every single day for over three decades.  It's no accident that I'm both a criminal defense lawyer and a member of the American Civil Liberties Union.  The desire to fight for individual liberty is what led me to become a lawyer in the first place.  Over the past three decades, I've walked into courtrooms and said "no" to the government literally thousands of times.  As a judge, I will be perfectly happy to tell the government "no" if that happens to be the correct ruling in any particular case.

 

Some people are being held in pre-trial incarceration for long periods of time.  How will you address the backlog of cases and speed up the justice process while respecting the rights of the victim and the accused?

It shouldn't take three or four years to dispose of a misdemeanor case, but that is exactly what is happening with some cases in the court right now.  Such delay is not fair to anyone.  It's not fair to the accused, who has to live under the shadow of a criminal accusation.  It's not fair to a victim, who wants closure.  It's not fair to the community, which rightfully expects justice to be administered efficiently.   The single easiest and most effective solution to this problem is to give every criminal case a "docketing order," which is not currently being done by the court.  A docketing order sets a deadline for the resolution of a case.  When a criminal case is filed, it should automatically be given a series a court dates -- a status hearing by which the parties should share evidence, a pretrial hearing if there are any legal issues the court needs to address prior to a trial, a plea hearing for the parties to try and resolve the case, and a jury trial date if the parties are unable to reach an agreement.  The length of time for this process should be sped up for those defendants sitting in jail while their cases are pending.   In counties that use docketing orders, most misdemeanor criminal cases are able to be resolved in a matter of months, not years.  There's no reason why this can't be done here.  We can do better, and we will.

 

Yes or no, did you use AI to assist you in answering any of these questions?

No.  I've been a little wary of AI since I watched that Stanley Kubrick movie way back when.  When it comes to legal matters, AI is notorious for spewing out as many wrong answers as right ones.  Voters are also entitled to get a sense of the human being for whom they are voting.  Candidates do themselves, and the public, a disservice when they rely on cookie cutter answers.