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Judge, Court of Criminal Appeals, Place 3

6-year termOpen seat: Judge Bert Richardson did not seek reelection. Thomas Smith won the May 2026 Republican runoff over Alison Fox. Mark Ash was nominated at the Libertarian convention. Ballot order: Republican, Democratic, Libertarian, as shown on the SOS statewide sample ballot.Partially researched. Last researched Oct 20, 2026Report a correction

Texas judicial ethics rules limit what judicial candidates may say about issues that could come before them, so this page compares qualifications instead of positions.

Republican
Democratic
Libertarian
Current position
Assistant Attorney General of Texas 
Criminal defense attorney 
Criminal defense attorney 
Years licensed
Not stated in available records.
Not stated in available records.
Not stated in available records.
Board certification
Not stated in available records.
Not stated in available records.
Not stated in available records.
Law school
Not stated in available records.
Not stated in available records.
South Texas College of Law Houston 
Prior judicial service
Not stated in available records.
Not stated in available records.
Not stated in available records.
Practice areas
Government law; Legislative counsel 
Criminal defense 
Criminal defense 
Bar association poll
State Bar of Texas 2026 Judicial Poll (conducted before March 2026 primaries; vote counts among all candidates then running): 391 of 3,162 votes (12.4%) in a six-candidate field polled before the primaries 
State Bar of Texas 2026 Judicial Poll (conducted before March 2026 primaries; vote counts among all candidates then running): 1,034 of 3,162 votes (32.7%), most votes in a six-candidate field 
State Bar of Texas 2026 Judicial Poll (conducted before March 2026 primaries; vote counts among all candidates then running): 337 of 3,162 votes (10.7%) 
Qualification 1 of 7

Current position

Republican
Assistant Attorney General of Texas 
Democratic
Criminal defense attorney 
Libertarian
Criminal defense attorney 
Sources for this contest (4)
  1. 2026 General Election Sample Ballot (statewide template), Texas Secretary of State. Retrieved Oct 20, 2026.
  2. General and Special Elections sample ballot, November 3, 2026, Harris County Clerk / HarrisVotes. Retrieved Oct 20, 2026.
  3. Texas Court of Criminal Appeals 2026 election: Who is running and what to know, The Texas Tribune. Retrieved Oct 20, 2026.
  4. Candidates, Libertarian Party of Texas. Retrieved Oct 20, 2026.