Paxton-backed Thomas Smith defeats Alison Fox in GOP runoff for Texas’ highest criminal court

The all-Republican Court of Criminal Appeals has undergone extensive turnover since AG Ken Paxton began targeting incumbent judges.

A candidate with significant political backing, including Attorney General Ken Paxton’s endorsement, will be the Republican nominee for a seat on Texas’ highest criminal court, according to The Associated Press.

Thomas Smith, an assistant attorney general in Paxton’s office, held a commanding lead in the GOP primary runoff for Place 3 on the Texas Court of Criminal Appeals over Alison Fox, a staff attorney with years of experience working for this court, unofficial election results showed Tuesday. The two candidates had emerged neck-and-neck at the top of a four-way race in March, with Fox less than one percentage point ahead of Smith.

Smith said in a statement to The Texas Tribune that he is “honored and humbled” to be the nominee.

“I want to extend my respect to my opponent, Alison Fox, who is a great competitor and exceptional lawyer,” he added. “I hope she will join me in the task that lies ahead, uniting our party to win in November.”

Smith will face Democrat Okey Anyiam, a criminal defense attorney, in the November general election. No Democrat has been elected to the court since 1994.

Smith’s primary win also signals Paxton’s continued influence on the nine-judge court, resulting in notable turnover on the all-Republican panel.

Traditionally, the Court of Criminal Appeals is closely followed for its rulings on death penalty cases. It also hears criminal appeals from lower courts as well as petitions from those convicted of a state felony challenging their conviction or sentence. But in recent years, the court has also been in the spotlight for a 2021 decision that the attorney general’s office lacks the authority to unilaterally prosecute allegations of voter fraud.

Paxton in turn successfully waged a campaign during the 2024 primary elections to unseat three Republican judges who were part of the 8-1 majority in the voter fraud ruling, including Sharon Keller, the presiding judge who had served on the court since first being elected in 1994.

BY Alex Nguyen / Texas Tribune

Photo: Campaign Photo

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