Thomas Smith, an assistant attorney general with the endorsement of Attorney General Ken Paxton, has won the Republican nomination for Place 3 on the Texas Court of Criminal Appeals. Smith defeated Alison Fox, a seasoned staff attorney, in a closely contested GOP primary runoff, according to unofficial results.
Smith expressed his gratitude for the nomination, stating, “I am honored and humbled to be the nominee.” He also extended respect to his opponent, Alison Fox, acknowledging her as a “great competitor and exceptional lawyer.” Smith emphasized the importance of party unity as he prepares to face Democrat Okey Anyiam in the November general election. Notably, no Democrat has been elected to this court since 1994.
Paxton’s Influence and Court Dynamics
Smith’s victory underscores Attorney General Paxton’s continued influence on the nine-judge court, which has seen significant turnover. The Court of Criminal Appeals is pivotal in Texas, handling death penalty cases and criminal appeals. It gained attention in 2021 when it ruled that the attorney general’s office lacks authority to unilaterally prosecute voter fraud allegations. This decision led Paxton to campaign against three Republican judges who supported the ruling, resulting in their ousting during the 2024 primaries.
This year, two more Republican judges who opposed Paxton chose not to seek reelection. Judge Kevin Yeary, the sole pro-Paxton vote in the 2021 decision, is the only incumbent running for reelection and faced no primary opposition.
Controversy and Campaign Dynamics
Smith’s campaign faced controversy when James Luster, a criminal defense attorney, filed a judicial complaint against him. Luster alleged that Smith’s “negative campaigning” violated the Texas Code of Judicial Conduct. The complaint arose after Smith criticized Fox on social media for her association with a law firm representing Autumn Hill, who was involved in a 2025 nonfatal shooting incident.
Smith defended his comments, labeling the complaint “politically motivated” and emphasizing his support from attorneys who provide criminal defense. He highlighted that his remarks aimed to show Fox’s choice of support sources, contrasting them with his own outreach to Republican and conservative clubs in Tarrant County.
Despite the controversy, Smith’s primary victory sets the stage for a significant general election battle in November, where he aims to maintain the Republican hold on the Texas Court of Criminal Appeals.
Original reporting: Texas Tribune (HLL/CB) — read the source article.
