Qualifications

Well Qualified for the 179th Criminal District Court

While making your choice for a felony criminal district court judge, it is important that you consider all of a candidate’s qualifications. By the 2012 election, Lana Shadwick will have served in positions of trust for twenty years in Harris County, including as a judge and Assistant District Attorney. She is a tough prosecutor who seeks justice.

During her six years as a judge, she has shown that she has the temperament, judgment and perspective that is required of a good jurist. She is a legal scholar and a proven conservative with a deep respect for the Constitution and the Rule of Law. She has also demonstrated a long-term proven commitment to victims and the citizens of Texas and Harris County.

Her fifty-four years of life experience, her legal experience, and her passion for serving others and protecting the vulnerable, is why so many conservative Republicans have already endorsed her. She will proudly serve us on the 179th Criminal District Court.

Prosecutor and Judge

“As I was before going to the bench, Lana Shadwick is a prosecutor in the appellate section of the Harris County District Attorney’s Office, one of the finest state prosecutorial appellate sections in Texas and the nation. This experience, in addition to her years as an associate family court judge, qualifies her for the rulings she will make as a criminal judge.” – Hon. Tim Taft, retired Justice, First Court of Appeals

Felony Appellate Prosecutor

Arguing before 1st Court of Appeals

Like Justice Taft did before his judicial tenure, Lana Shadwick serves as a prosecutor in the finest state prosecutorial appellate section in Texas and this nation – the Harris County District Attorney’s Office. She is a scholar of criminal law and her duty is to make certain that hard earned convictions are not overturned on appeal. She assists trial prosecutors with complex legal issues.

Justice Taft and lawyers know that appellate prosecutors resolve the same issues on appeal as criminal trial court judges do when ruling on the bench. Lana responds to the legal arguments made by defendants to an appellate court when seeking to overturn a conviction. Defendants appeal claiming that the trial court erred in some way. To name a few arguments, defendants will claim that their case should be reversed because the trial court judge erred by:

• Sentencing a defendant beyond the guidelines allowed by statute
• Incorrectly denying a motion to suppress evidence
• Failing to find that there was no probable cause for arrest
• Allowing a prosecutor to make certain arguments before the jury or to introduce evidence that is in conflict with the United States or Texas Constitution
• Submitting a jury charge or an instruction to the jury that was improper or without legal foundation
• Allowing prejudicial photographic or other evidence

All of the issues that Lana resolves as an appellate prosecutor are issues that are decided by a trial court judge sitting on a criminal district court bench.

Harris County Criminal Justice Center

Moreover, unlike a trial prosecutor, Lana has the opportunity to spend her days researching and analyzing the complex nuances of criminal law. As an appellate prosecutor, she is able to keep up daily with the latest cases from the United States Supreme Court and the Texas Court of Criminal Appeals. For all of these reasons, it is no secret that trial prosecutors frequently consult appellate lawyers for issues arising during trial. Lana understands the issues and technicalities she will face as a district criminal court judge.

Lana has already handled the types of cases she will preside over as a felony district court judge. She has represented the State on capital murder, murder, manslaughter and vehicular manslaughter cases to make sure prosecutorial victories are not overturned on appeal. She has defended convictions involving all of the myriad of assault crimes, including aggravated assault, aggravated sexual assault, injury to a child, and sexual assault of a child. She has represented the State in home and vehicle burglary cases, aggravated robberies, crimes involving possession of drugs and intent to deliver drugs, and the many types of theft cases.

She has fought to uphold convictions for driving while intoxicated (DWI), domestic violence, resisting, evading, and escape from arrest, felon in possession of a firearm, and other felonies – all of the types of cases she will oversee as a judge sitting on a felony criminal court bench.

Six Years of Judicial Experience

Judge Lana Shadwick

Unless a judge is an incumbent, there are not many candidates for judicial office that have prior judicial experience. Judge Shadwick has had six years of experience as an associate judge and eight years of service working for judges. She has served as an Associate Judge in Harris County Family Court and in the City of Houston Municipal Courts. She managed voluminous trial and hearing dockets and interfaced with a widely diverse public in both of these courts.

Judge Shadwick has already managed a large court staff. She has shown that she can oversee cases involving pro se litigants (people representing themselves in court) and the myriad of lawyers who practice in the courts. Judge Shadwick is well-versed in the Code of Judicial Conduct and in the opinions interpreting the Code. She is an ethical jurist that is both tough and respectful. Lana Shadwick has the proven judgment and temperament to be a judge. She is intelligent and strong while being respectful and cordial.

As a family court associate judge, Lana Shadwick decided divorces involving domestic violence, child custody cases involving abuse and sexual abuse, and Child Protective Services (“CPS”) cases of abuse and neglect. These cases involve many of the same evidentiary and expert testimony issues as those heard in criminal court. Because she handled thousands of family law trial, hearings and temporary orders, she is ready to handle an equally voluminous criminal docket.

Respectful of the Rule of Law and the Constitution

“If the Constitution is law, then presumably its meaning, like that of all other law, is the meaning the lawmakers were understood to have intended. If the Constitution is law, then presumably, like all other law, the meaning the lawmakers intended is as binding upon judges as it is upon legislatures and executives. There is no other sense in which the Constitution can be what article VI proclaims it to be: ‘Law….’ This means, of course, that a judge, no matter on what court he sits, may never create new constitutional rights or destroy old ones. Any time he does so, he violates not only the limits to his own authority but, and for that reason, also violates the rights of the legislature and the people….the philosophy of original understanding is thus a necessary inference from the structure of government apparent on the face of the Constitution.” – Judge Robert Bork, Making the Case for Originalism

Founding Fathers at Signing of the US Constitution

Lana Shadwick understands that a judge’s role is to apply the law when administering justice. She strongly believes that a judge should not “legislate” from the bench; rather, a jurist must understand the original intent of lawmakers as to how a particular law must be applied. She understands that strict adherence to the constitutions of the United States and Texas is an obligation which is not to be disregarded by judicial activism.

Lana Shadwick is a firm supporter of the 2nd Amendment’s preservation of the right and duty of self-protection. She believes any reading of the original intent of the founding fathers reveals this as an individual right and not a collective right.

You can count on Lana’s knowledge of the law and our Constitution to apply these laws as they were written, not create new rights or eliminate old ones. She will represent the conservative values of someone you would expect in the judiciary.

Fifty-Four Years Life Experience
Nineteen Years Legal Experience

“Lana Shadwick is running for criminal district court judge. Maturity and life experience matter. She and I served on a Grand Jury in 1996 together. She is fifty-four years old. She has the judicial experience and the life experience to serve in this position.” - Earl Lairson, active Republican and fellow 1996 Grand Jury member.

Lana Shadwick with her two children

As a mother of two, Lana shares the concerns of parents about crime and its impact on children. She understands the need to protect our community from the harmful impact of gangs, violence and sexual predators. She will administer justice firmly and fairly to help make the streets of Houston safer for all.

When she takes office, Lana Shadwick will have been a licensed attorney for twenty years and will have achieved the age of fifty-five. She has an impressive legal background and brings the broad perspective that is required of a good jurist. She began her legal career in the much coveted position of briefing attorney, serving at the Fourteenth Court of Appeals in Houston. She worked for a jurist and wrote legal appellate opinions where defendants alleged trial error, including trial court judge error, in civil and criminal cases. Half of the cases decided were criminal cases. Half of the cases decided were criminal cases. After she completed her term as a briefing attorney, she went on to serve as a staff attorney in the prestigious firm of Fulbright & Jaworski. Lana began her legal career by being groomed by the very best.

Public service has long been one of Lana’s callings. During her legal career she has served as an Assistant County Attorney and in the Office of General Counsel, Texas Department of Family and Protective Services. She was hand-picked to serve as an Interim Vice President of Texas Southern University during an emergency period of transition and great public and legislative oversight after the university president had been indicted and was removed.

In Texas, Lana is considered a domestic violence and child abuse and neglect expert. She has an extensive Curriculum Vitae detailing the many articles and texts she has written, and the many State Bar of Texas and other local Bar Association seminars she has given. (Detailed below). As noted in The Prosecutor, her legal writings were used to create a website to assist Texas District and County Attorneys in prosecuting their cases. Her newsletter was distributed to judges and county and district attorneys throughout Texas.

She was appointed by the Vice President of the State Bar of Texas to serve on the Child Abuse and Neglect Committee. She has always been concerned about the plight of Texas children and families and has been there to ensure that all victims, especially the most vulnerable, are protected. Lana would support the passing of legislation to protect the unborn victims of violence and would be willing to testify before the legislature on their behalf. She will work for the strict enforcement of the law and for the protection of our families and neighborhoods.

Professional Activities

• Member of the State Bar of Texas Appellate, Criminal Justice, Family, and Juvenile Law sections.
• Member of the Houston Bar Association Appellate Practice, Criminal Law & Procedure, Family and Juvenile Law sections.
• Contributing Expert Writer to Justice Debra H. Lehrmann’s, the Texas Annotated Family Code, Lexis Publishing.
• Appointed as a member of the State Bar of Texas Child Abuse and Neglect Committee for 2004-2007; Co-Chair, Legislative Committee.
• Editor and Author of the TDPRS Office of General Counsel monthly newsletter and case update distributed to judges, attorneys and experts statewide.

Scholar

Education

One of the most important qualifications of a judge is that they be a scholar of the law and a defender of the Constitution. From her education at South Texas College of Law (STCL) where she served as Editor of the Law Review, to her advocacy in the Leroy Jeffers Intramural Moot Court Competition, Lana demonstrated a deep understanding of legal concepts and practices.

While attending STCL, she won numerous awards. Lana received a scholarship from the Law Review and served as a Law Review Editor. She was named to the Dean’s list and received a Law Review award for the best Law Review article on Real Property. She won the “Best Oralist” award prevailing over 100 of her fellow law schoolmates. She received a quarter-finalist award in the brief writing competition.

As a law student, Lana was an intern at the Fourteenth Court of Appeals and researched and wrote draft criminal legal opinions. She also served as a research assistant and editor to Justice Michol O’Connor, former justice of the First Court of Appeals, during the preparation of the first O’Connor’s Texas Rules Handbook.

Lana received her Bachelor of Science Degree from Baylor University in 1982.

Law Related Publications and Presentations

• Author/Presenter, Do the Write Thing Conference, Non-Violent Communication and Family Wellness Workshop, Austin, Texas, June 2011.
• Author/Presenter, State Bar of Texas 22nd Annual Juvenile Law Conference, Robert O. Dawson Juvenile Law Institute, “Ethics: Representation Issues for Attorney Ad Litems,” February 2009.
• Author/Presenter, Case Law Update And Practical Practice Tips, 12th Annual Bexar County Children’s Court Ad Litem Training Seminar, December 2006.
• Co-Author, Expert Witnesses In Child Abuse And Neglect Cases Involving Termination Of Parental Rights, in TEXAS BAR JOURNAL (September 2006).
• Presenter/Author, Harris County Attorney Mike Stafford CLE Sponsor, “Annual Parental Termination Case Law Update,” August 2006.
• Author/Presenter, Texas State Bar, 32nd Annual Family Law Course, “Case Law Updates, Including Hot Topics And How Not To Get Reversed,” August 2006.
• Author/Presenter, Texas District & County Attorneys Association, Crimes Against Kids Conference: Investigating & Prosecuting Sexual Assaults of Children, “Case Law Update,” June 2006.
• Author, South Texas College of Law Family Law Conference for the General Practitioner and Paralegal, Child Protective Services, March 10, 2006.
• Author/Presenter, State Bar of Texas 19th Annual Juvenile Law Conference, Robert O. Dawson Juvenile Law Institute, “CPS Case Law Update,” February 2006.
• Author/Presenter, Texas District and County Attorneys Association Annual Criminal & Civil Law Update, Take II, “TDFPS Case Law Update,” January 2006.
• Co-Author, Grounds For Termination Of Parental Rights, in STATE BAR OF TEXAS FAMILY LAW SECTION REPORT (Fall 2005).
• Author, Dallas Bar Association’s Juvenile Justice Committee and The Dallas Volunteer Attorney Program and the Family Courts seminar entitled “Changing Times in CPS Cases: Make Sure You’re Ready,” “CPS Case Law Update,” October 2005.
• Author, Highland Lakes Bar Association CPS Attorney Ad Litem Training, “Significant Appellate Opinions In Civil Termination Cases 2004-2005,” October 2005.
• Author, Advocacy Training Conference – Representing Children In CPS Cases, McAllen, Texas, “Significant Parental Termination Cases In 2004-2005,” October 2005.
• Author/Presenter, 11th Annual Bexar County Children’s Court Ad Litem Training Seminar, “Case Law Update,” September 2005.
• Author/Co-Presenter, Texas District and County Attorneys Association Annual Criminal & Civil Law Update, “TDFPS Case Law Update,” September 2005.
• Author/Presenter, Texas State Bar, 31st Annual Family Law Course, “Significant Parental Termination Cases In 2004-2005,” August 2005.
• Presenter/Author, Harris County Attorney Mike Stafford CLE Sponsor, “Annual Parental Termination Case Law Update,” August 2005.
• Author, Texas State Bar 18th Annual Juvenile Law Conference, “CPS Case Law Update,” February 2005.
• Presenter, Texas Department of Family & Protective Services Annual Meeting and MCLE Seminar, “The Indian Child Welfare Act: Meeting The Burden Of Proof And Expert Witness Testimony,” November 2004.
• Presenter/Author, Harris County Attorney Mike Stafford CLE Sponsor, “Case Law Update of Child Abuse/Neglect Cases,” October 2004.
• Co-Presenter/Author, Texas District and County Attorneys Association Annual Criminal & Civil Law Update, “TDFPS Case Law Update,” September 2004.
• Co-Presenter/Primary Author, Texas District & County Attorney Association & the Children’s Justice Act Project, 2004 Crimes Against Children Conference, “Parental Termination Case Law Update,” May 2004.
• Presenter/Co-Author, Harris County Attorney Mike Stafford CLE Sponsor, “Case Update Of Child Abuse & Neglect Cases,” May 2004.
• Co-Author, Grounds For Termination Of Parental Rights, in STATE BAR OF TEXAS FAMILY LAW SECTION REPORT (Winter 2003/04).
• Co-Author, Ninth Annual Bexar County Children’s Court Ad Litem Training Seminar, “TDPRS & Termination: Case Law Update,” September 2003.
• Presenter, Children’s Justice Act Conference in Conjunction with the National Conference of Juvenile and Family Court Judges, Case Law Update, July 2003.
• Presenter/Co-Author, State Bar of Texas Annual Meeting, Domestic Violence and Child Abuse and Neglect Section, Case Law Update, June 2003.
• Presenter/Co-Author, Harris County Attorney Mike Stafford CLE Sponsor, “Case Law Update,” May 2003.
• Co-Author, Grounds For Termination Of Parental Rights, in STATE BAR OF TEXAS FAMILY LAW SECTION REPORT (Fall 2002).
• Presenter/Co-Author, Houston Bar Association, Juvenile Law Section, “Appellate Decisions Impacting Termination Cases,” September 2002.
• Co-Author/Co-Presenter, Texas Children’s Justice Act Project and Texas Department of Protective and Regulatory Services, Continuing Legal Education Seminar for T.D.P.R.S. Attorneys and District and County Attorneys, Case Law Update and Post-Judgment And Appellate Issues, July 2002.
• Presenter/Author, Harris County Attorney Mike Stafford CLE Sponsor, “Case Law Update Impacting Suits For Termination Of Parental Rights,” June 2002.
• Co-Presenter, Houston Bar Association, Family Law Section, Practice And Procedures In The Family Courts, Fall 2001.
• Co-Presenter, Houston Bar Association, Family Law Section, Practice And Procedures In The Family Courts, Fall 2000.
• Author, Texas State Bar, The Appellate Advocate, “Interlocutory Appeals Of A Summary Judgment Based On An Assertion Of Qualified Immunity,” April 1996.
• Author, South Texas Law Review, “Obsolescence, Environmental Endangerment & Possible Federal Intervention Compel Reformation of Texas Groundwater Law,” Fall 1991.