Mandamus denied in fight over ad use of "judge" title

Karyl Krug’s effort to force the Texas Ethics Commission to act immediately on her complaint that her Democratic primary opponent violates state election law by calling himself “judge” in campaign materials was short-lived. Krug, an Austin solo running for the 427th District Court bench, filed an emergency petition for writ of mandamus with the Texas Supreme Court on Jan. 29. The Supreme Court today denied Krug’s petition without prejudice. On Jan. 14, Krug filed a complaint with the Ethics Commission against Jim Coronado, the Travis County criminal court magistrate. Krug and Coronado are vying for the Democratic nomination in the race for the 427th District Court. The winner will face Republican Melissa Goodwin, Gov. Rick Perry’s appointee on the 427th District Court, in November. In her complaint to the Ethics Commission, Krug alleges that Coronado violates Texas Election Code §255.006 by identifying himself as a judge in campaign materials and by stating in those materials that he has presided over 30,000 felony cases in Travis County. Under §255.006, it is a Class A misdemeanor for a person to enter into a contract to print, publish or broadcast political advertising with the intent to represent himself as holding a public office that he does not hold at the time he made the agreement. The Election Code provision also makes it an offense for an individual to make such a representation in a campaign communication if the individual does not hold the office he claims to hold at the time the representation is made. Coronado says he is not violating the election law, because he is a judge. He has served as the criminal court magistrate since 1991.
-- Mary Alice Robbins