Ellis-Backed Judge Set to Hear Case on Constitutionality of Ellis Redistricting Plan

Dedra Davis, a district-court judge that Harris County Commissioner Rodney Ellis backed for election in 2018, has been chosen to hear a constitutional challenge to Harris County’s redistricting plan developed by – you guessed it – Rodney Ellis.

Controversial Redistricting Plan Deprives 1.1 Million of Right to Vote

The suit alleges that the Ellis-3 plan, by switching precinct boundaries and numerical designations – will deprive 1.1 million people of their right to vote for the commissioner of their choice in the next county election. Further, the suit alleges that precinct lines could have been redrawn without depriving anyone of their right to vote.

The “depriving” has to do with Ellis’ switching of numbers between Precincts 3 and 4, and moving a large part of P2 into P3. Because only even numbered precincts will vote next year, everyone in the new P3 will be deprived of the right to chose their next commissioner.

Ellis-Backed Judge Draws Ellis Case

The Honorable Judge Dedra Davis of the Texas 270th Judicial Court is a Democrat. She ran unopposed in the 2018 primary, but beat Republican Judge Brent Gamble, a 20-year incumbent by 10 points in the general election – despite the fact that members of the Houston Bar Association preferred Gamble almost 3-to-1 over Davis.

Here is a photo of the candidate with Commissioner Ellis.

Judges don’t get to chose their cases. And this one has barely begun. The lawsuit was filed just two days ago. No rulings have yet been made according to Harris County District Clerk records. So I’m not alleging any impropriety.

Nothing unethical has happened. Davis just had the bad luck to draw a case involving one of her biggest supporters – someone whose support likely swung her election. And the case involves the voting rights of more than a million people.

Can She Be Impartial?

According to the Texas Rules of Civil Procedure, Rule 18b, Judge Davis has a perfect out if she wants it. Rule 18b, Paragraph B states, “Grounds for Recusal. A judge must recuse in a proceeding in which:

(1) the judge’s impartiality might reasonably be questioned;

(2) the judge has a personal bias or prejudice concerning the subject matter or a party.”

Only the Honorable Judge Davis can know what’s inside her heart, but I hope she understands that a million people will be looking over her shoulder on this case and wondering whether her association with Commissioner Ellis will color her judgement of the Ellis-3 Plan.

Posted by Bob Rehak on 11/18/21

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The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

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