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Awaiting an appointment


Published October 9, 2009

The surprise resignation last month of former Judge Emil Karl Prohl has left a void on the 198th District Court bench. Temporary replacements have shouldered the case load during the past several weeks. A permanent replacement is set to be appointed by Gov. Rick Perry to serve until next year’s regular election.

Seven members of the local legal community have submitted applications to be considered for the appointment.

One local lawyer, Robert Kelly, submitted an application but withdrew after realizing he didn’t meet residency requirements.

Like Kelly, another applicant — Bruce James of Brady — also came under scrutiny this week, when local attorney, Richard Ellison, mailed a letter to the governor’s office, questioning his residency, as he had with Kelly.

Although James practices law in Fort Worth, he says his permanent residence is on a ranch in McCulloch County, which falls within the 198th district.

Another candidate

— Spencer Hart, a Kerrville attorney — confirmed his applicancy, but declined to be interviewed. He submitted a statement that said, “It would not be proper for me to meet with you at this time to discuss my or anyone else’s credentials or applications for appointment.

“All such matters are in the capable hands of the governor,” Hart said in the statement.

Here are brief descriptions of the six candidates who responded to the Times’ request for interviews.

Bruce Curry, Kerrville

Title: 216th District Attorney

Background: Graduated from University of Texas law school in 1971; 36 years of legal experience, former private attorney and justice of the peace in Kerrville; 216th District Attorney for more than 20 years.

Why do you want the appointment?: “I have considerable experience in the area, and 216th and 198th districts both cover Kerrville and so this is region I know well.”

What can you bring to the 198th bench?: “Experience as a district attorney is great preparation for working as a judge. And I’ve had over two decades of experience trying cases in Kerr County.”

Rex Emerson, Kerrville

Title: Kerr County Attorney

Background: Graduate of St. Mary’s University; eight years legal experience; current Kerr County Attorney, prosecuting cases in Kerr County on behalf of the state.

Why do you want the appointment?: “Ever since law school, I have aspired to (this) position of trust. I would be both humbled and honored to be entrusted with the 198th District judge’s position.”

What can you bring to the 198th bench?: “I have an even temperament and believe it is important to provide the opportunity for all parties to present their cases. I believe in the integrity of the judiciary.”

Patrick Maguire, Kerrville

Title: Attorney and associate municipal court judge

Background: Graduated from Texas Tech law school in 1994; member of Texas bar, former assistant district attorney in Bexar county, private attorney in Kerrville, associate municipal judge since 2003.

Why do you want the appointment?: “I think I have a lot to offer the position, and this is something I’ve been doing for a while in my capacity as a judge.”

What can you bring to the 198th bench?: “I have a lot of legal experience, but I also know the area and know the district having grown up here.”



Bruce James, Brady

Title: Private attorney

Background: Graduated from University of Texas law school in 1971; member of Texas bar, practicing in Houston, Corpus Christi and San Antonio among other areas; currently a private litigator in Fort Worth but resides within the 198th District.

Why do you want the appointment?: “I was contacted by a number of people in the 198th District about the opening and thought my experience could benefit the judge’s position.”

What can you bring to the 198th bench?: “I have a broad range of experience in different areas of the state — including the 198th District. And I’ve worked in many different areas of the law. A judge needs a broad range of experience. ... Experience as a district attorney is great preparation for working as a judge. And I’ve had over two decades of experience trying cases in Kerr County.”

Terry Norman, Brady

Title: Private attorney

Background: Member of state bar since 1969. Spent 10 years as lawyer with the USDA, before going into private practice in Brady, Texas.

Why do you want the appointment?: “I was looking for a new challenge in my legal career and wanted to perform a service for my community.”

What can you bring to the 198th bench?: “I think I bring diversity in my legal record and can bring balance to the bench that way.”

Mark Prislovsky, Kerrville

Title: Presiding municipal court judge and private attorney

Background: Law degree from Baylor University; 21 years legal experience; Kerrville area attorney and municipal court judge.

Why do you want the appointment?: “The opportunity presented itself, and I’ve been considering continuing my service as a judge. It’s an important service to the community.”

What can you bring to the 198th bench?: “This is a good continuation of the work I’ve done. I’ve already spent 21 years as a judge at the municipal level. This allows me to continue that work at a different level.”


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