Recent Appeals from cases in Judge Levi Benton's 215th District Court

Miller v. City of Houston [and its police chief] (Tex.App.- Houston [14th Dist.] Mar. 23, 2010)(Mirabal)  
(
city civil service, disciplinary proceeding appeal, plea to the jurisdiction)(hearing examiner was not
authorized to impose a suspension of more than fifteen days)
REVERSED AND REMANDED: Opinion by
Justice Mirabal        
Before Chief Justice Hedges, Justices Anderson and Mirabal    
14-08-01018-CV Lt. Ken Miller v. City of Houston and Harold Hurtt   
Appeal from 215th District Court of Harris County
Trial Court Judge:
Levi James Benton   

Pham v. Letney (Tex.App.- Houston [1st Dist.] March 4, 2010)(Hedges) (arbitration agreement in legal
services contract between lawyer and client enforced by mandamus, interlocutory appeal of order denying
motion to compel arbitration dismissed, FAA applied, TAA would be preempted)    
INTERLOCUTORY APPEAL DISMISSED: Opinion by
Chief Justice Hedges     
Before Chief
Justice Hedges, Justices Seymore and Justice Sullivan      
14-08-01153-CV  Steven Tuan Pham v. Shelly Letney    
Appeal from 215th District Court of Harris County
Trial Court
Judge: Levi James Benton  
Dissenting Opinion by Justice Seymore in Pham v. Letney
(In consideration of the unique relationship between attorney and client, Justice Seymore writes dissenting
opinion to express his concern about mandatory arbitration provisions in attorney-client agreements)  

In re Tuam Pham (pdf) (Tex.App.- Houston [1st Dist.] March 4, 2010)(Hedges)     
MOTION OR WRIT GRANTED: Opinion by
Chief Justice Adele Hedges     
Before Chief Justice Hedges, Justices Seymore and Sullivan    
14-09-00387-CV  In Re Steven Tuam Pham    
Appeal from 215th District Court of Harris County
Dissenting Opinion by Justice Seymore In re Tuam Pham (pdf)     
Requena v. Otis Elevator Company and Fisk Electric Co. (Tex.App.- Houston [1st Dist.] Oct. 15,
2009)(Keyes) (personal injury - freight elevator,
negligence, no breach of duty, JNOV affirmed)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Keyes   
Before Justices Keyes, Alcala and Hanks    
01-08-00378-CV  Jose Hermilo Requena and Mary Sue Requena v. Otis Elevator Company and
Fisk Electric Company    Appeal from 215th District Court of Harris County
Trial Court Judge:
Hon. Levi J. Benton

Jones v. City of Houston (Tex.App.- Houston [1st Dist.] Aug. 27, 2009)(Jennings)
(
TTCA, drowning death of child, uncovered culvert) ("we hold that the City's summary judgment evidence
established as a matter of law that the Jones siblings could not recover as bystanders for any mental
anguish and emotional trauma caused by their brother's drowning. ) (
TTCA, drowning death of child,
uncovered culvert, siblings' bystander claim for wrongful death of brother rejected, drowning deaths)
AFFIRM TC JUDGMENT: Opinion by
Justice Jennings    
Before Justices Jennings, Alcala and Higley  
01-08-00905-CV        Landon Jones and Loren Jones v. City of Houston  
Appeal from 215th District Court of Harris County
Trial Court Judge:
Hon. Levi J. Benton
Dissenting Opinion by Justice Alcala in Jones v. City of Houston     

Office Buildings of Houston, Inc. v. Newman (Tex.App.- Houston [14th Dist.] Aug. 4, 2009)(Frost)
(
dispute over the amount of commission owed as a result of a real estate transaction, contract construction)
AFFIRMED: Opinion by
Justice Anderson  
Before Justices Anderson, Guzman and Boyce
14-08-00173-CV Office Buildings of Houston, Inc v. Carlton B. Newman   
Appeal from 215th District Court of Harris County
Trial Court Judge:
LEVI JAMES BENTON

Heinrich v. Christian (Tex.App.- Houston [1st Dist.] Jun. 25, 2009)
SET ASIDE TRIAL COURT JUDGMENT AND REMAND CASE TO TRIAL COURT FOR RENDITION OF
JUDGMENT IN ACCORDANCE WITH PARTIES' AGREEMENT: Per Curiam     
Panel members: Justices Keyes, Hanks and Bland   
01-08-00984-CV Timothy Heinrich and Boyar & Miller, P. C. v. James Wesley Christian and Christian & Smith
, L.L.P.   
Appeal from 215th District Court of Harris County
Trial Court Judge:
Hon. Levi J. Benton  

Folicure, Inc. v Hair Club for Men, LLC (Tex.App.- Houston [1st Dist.] Jun. 25, 2009)(Opinion by Bland)
(
noncompete nonsolicitation agreement enforced, temporary injunction granted and affirmed on appeal)
AFFIRM TRIAL COURT JUDGMENT: Opinion by
Justice Bland     
Panel members: Justices Keyes, Hanks and Bland   
01-09-00024-CV Folicure, Inc., Mallory York, Bennetta Reynolds, Hamilton Daniels, and ALNA Holdings,
L.L.C., d/b/a Folicure v. Hair Club for Men, LLC d/b/a for Men and Women   
Appeal from 215th District Court of Harris County
Trial Court
Judge: Hon. Levi J. Benton  

Cunningham Lindsey Claims Management, Inc. v. Snyder (Tex.App. - Houston [14th Dist.] Jun. 25,
2009)(Guzman) (
workers compensation dispute, judicial review suits, exhaustion of administrative remedies)
VACATED AND DISMISSED: Opinion by Justice Eva M. Guzman     
Before Justices Brock Yates, Guzman and Sullivan   
14-07-00449-CV Cunningham Lindsey Claims Management, Inc., and Glenda Higgins v. Lloyd Snyder   
Appeal from 215th District Court of Harris County
Trial Court
Judge: LEVI JAMES BENTON  

Rowan Companies, Inc. v. Wilington Trust Co. (Tex.App.- Houston [14th Dist.] Mar. 31, 2009) (Guzman)
(commercial contract dispute, appraisal value)
REVERSED AND REMANDED: Opinion by Justice Guzman   
Before Justices Frost, Seymore and Guzman
14-07-00465-CV ROWAN COMPANIES, INC. v. WILMINGTON TRUST COMPANY, Not in Its Individual
Capacity but Solely as Owner Trustee of the Rowan-Halifax Jack-Up Rig, TEXTRON FINANCIAL
CORPORATION, NORTH SEA INVESTMENTS, INC., and NORTH SEA (CONNECTICUT  LP
Appeal from 215th District Court of Harris County
Trial Court Judge:
Levi James Benton

Dissenting Opinion by Justice Frost   
B&W Supply, Inc. v. Beckman (Tex.App.- Houston [1st Dist.] Apr. 9, 2009)(Keyes)
(JNOV,
breach of contract, excuse defense, lost profit damages, DTPA counterclaim)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes  
Before Justices Jennings, Keyes and Higley
01-07-00574-CV B & W Supply, Inc. and Weston Wyatt v. Lawrence and Diane Beckman
Appeal from 215th District Court of Harris County
Trial Court
Judge: Hon. Levi J. Benton  

Chu v. Fields (Tex.App.-Houston [1st Dist.] Jan. 8, 2009)(Alcala)
(
HCLC, inadequate health care liability expert report, dismissed on appeal)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by
Justice Alcala  
Before Justices Taft, Keyes and Alcala
01-08-00417-CV        Ching-Chiang Chu, M.D.; Thomas Jackson Cartwright, M.D.; and K.S.F. Orthopaedic
Center, P.A. v. Jerry Robert Fields, Myrna Fields, Individually and a/n/f of Brittain Taylor Fields and Emily
Brooks Fields--Appeal from 215th District Court of Harris County
Trial Court
Judge: Hon. Levi J. Benton

In re Reichert (Tex.App.- Houston [14th Dist.] Sep. 22, 2008)(per curiam)
(Mandamus in
denial of motion for continuance denied)
MOTION OR WRIT DENIED: Per Curiam  
Before Chief Justice Hedges, Justices Anderson and Boyce
14-08-00870-CV        In Re Russell Reichert, David Eymard and Robert Ostos
Appeal from 215th District Court of Harris County
Trial Court Judge: Levi James Benton  

Browning-Ferris Industries, Inc. v. United States Fire Ins. Co. (Tex.App.- Houston [14th Dist.] Aug. 28,
2008)(Hedges) (sealing order)
REVERSED AND RENDERED: Opinion by Chief Justice Hedges  
Before Price, Chief Justice Hedges, Justice Boyce
14-07-01080-CV        Browning-Ferris Industries, Inc. and Azusa Land Reclamation, Inc. v. United States Fire
Insurance Company and TIG Insurance Company
Appeal from 215th District Court of Harris County
Trial Court Judge: Levi James Benton

In re Browning-Ferris Industries, Inc.  (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Hedges)
(
discovery mandamus denied, motion to compel)
MOTION OR WRIT DENIED: Opinion by Chief Justice Hedges  
Before Price, Chief Justice Hedges, Justice Boyce
14-07-00899-CV        In Re: Browning-Ferris Industries, Inc. and Azusa Land Reclamation, Inc.
Appeal from 215th District Court of Harris County
Trial Court Judge:
Hon. Levi James Benton        

In re Heide Ortuno (Tex.App.- Houston [14th Dist.] July 24, 2008)(Brown)
(
discovery mandamus denied, order of protection, privilege claim waived)
MOTION OR WRIT DENIED: Opinion by Justice Brown  
Before Justices Brock Yates, Guzman and Brown
14-08-00457-CV In Re: Heide Ortuno, Individually and as next friend of J.O. a minor child
Appeal from 215th District Court of Harris County
Trial Court Judge: Levi James Benton

BancorpSouth Bank v. Prevot (Tex.App.- Houston [14th Dist.] May 22, 2008)(Subst. op. by Seymore)
(
foreign judgment enforceable in Texas, UEFJA, jurisdiction in Texas)
REVERSED AND RENDERED: Opinion by Justice Seymore  
Before Justices Brock Yates, Edelman and Seymore
14-06-00302-CV BancorpSouth Bank f/k/a Bank of Mississippi v. Albert Prevot
Appeal from 215th District Court of Harris County
Trial Court Judge: Levi James Benton

HCAD v. Shell Oil Co. (Tex.App.- Houston [14th Dist.] May 22, 2008)(Hedges)
(
tax exemption, FTZ exemption, jurisdictional dispute)
AFFIRMED: Opinion by Chief Justice Hedges  
(Before Chief Justice Hedges, Justice Anderson, Senior Justice Murphy)
14-07-00106-CV Harris County Appraisal District v. Shell Oil Co.
Appeal from 215th District Court of Harris County
Trial Court
Judge: Levi James Benton

Brown v. Xie (Tex.App.- Houston [1st Dist.] May 29, 2008 )(Alcala)
(
TTCA, defamation, dismissal of employee)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Bland
01-05-00137-CV Barbara Brown, Dan Fontaine, Dr. James Abbruzzese and U.T.M.D. Anderson Cancer
Center v. Ke-Ping Xie, M.D., Ph.D.
Appeal from 215th District Court of Harris County
Trial Court
Judge: Hon. Levi J. Benton  

In Re Heidi Ortuno (Tex.App.- Houston [14th Dist.] May 6, 2008)(per curiam)
(
discovery, nonparty, expert report, privilege, TRCP 193.3, snap-back)
MOTION OR WRIT DENIED: Per Curiam  
Before Justices Brock Yates, Guzman and Brown
14-08-00227-CV In Re Heidi Ortuno, Individually and As Next Friend Of J. O.
Appeal from 215th District Court of Harris County
Trial Court Judge:  Levi James Benton

Dixon Financial Services Ltd. v. Greenberg, Peden, Siegmyer & Oshman, PC (Tex.App.- Houston [1st Dist.]
Mar. 20, 2008)(Higley) (commercial, financial litigation)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
01-06-00696-CV Dixon Financial Services Ltd., and Hyperdynamics Corporation v. Greenberg, Peden,
Siegmyer & Oshman, P.C., Gerald Siegmyer, Ron Bearden, and R. F. Bearden Associates, Inc.
Appeal from 215th District Court of Harris County
Trial Court Judge: Hon. Levi J. Benton

Ronald Lee Alexander v. Duer (Tex.App.- Houston [1st. Dist.] Mar. 13, 2008)(Hanks)
(
Pre-suit discovery, Rule 202 deposition, ILA not authorized, DWOJ)
DISMISS APPEAL: Opinion by Justice Hanks
01-06-00256-CV Ronald Lee Alexander
Appeal from 215th District Court of Harris County
Trial court judge: Hon. Levi Benton

McGee v. Abrams Technical Services, Inc. (Tex.App.- Houston, March 6, 2008)(Alcala)
(
employment law, no breach of contract, summary judgment for Defendant affirmed, employment at will)  
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
01-06-00590-CV Phillip J. McGee v. Abrams Technical Services, Inc.
Appeal from 215th District Court of Harris County
Trial Court Judge: Hon. Levi J. Benton

Bancorp South Bank v. Prevot (Tex.App. - Houston [14th Dist.] Feb. 26, 2008)(Seymore)
(
domestication and enforcement of foreign judgments, UEFJA)
REVERSED AND RENDERED: Opinion by Justice Seymore
Before Justices Brock Yates, Edelman and Seymore
14-06-00302-CV BancorpSouth Bank f/k/a Bank of Mississippi v. Albert Prevot
Appeal from 215th District Court of Harris County (Judge Levi Benton)

Sanjar v. Turner (Tex.App.- Houston [14th Dist.] Feb. 19, 2008)(Yates)(HCLC, expert reports sufficient)
AFFIRMED: Opinion by Justice Brock Yates
Before Justices Brock Yates, Fowler and Guzman
14-07-00545-CV Mansour Sanjar, M.D., and Ted W. Krell, M.D. v. Augustine Turner, Lionel Coleman, Sr.,
Ronniqua D. Coleman, and Laporscha Coleman, As Heirs and Representatives of the Estate of Karen Yvette
Green--Appeal from 215th District Court of Harris County (Judge Levi James Benton)

Cantu v. Grossman (Tex.App.- Houston [14th Dist.] Jan. 29, 2008)(Seymore)(venue rules, foreign judgment,
MTV)
REVERSED AND REMANDED: Opinion by Justice Seymore
Before Justices Frost, Seymore and Guzman
14-06-00078-CV Mark A. Cantu v. Howard S. Grossman, P.A.
Appeal from 215th District Court of Harris County (Honorable Levi James Benton)
Dissenting Opinion by Justice Frost  

Davis v. Webb (Tex.App.- Houston [14th Dist.] Jan. 22, 2007) (HCLC, expert report)
AFFIRMED: Opinion by Justice Guzman
Before Price, Chief Justice Hedges, Justice Guzman
14-07-00331-CV William Davis v. John Q.A. Webb, Jr., M.D.
Appeal from 215th District Court of Harris County (Hon. Levi Benton)
Concurring Opinion by  Price

In Re Weeks Marine, Inc. (Tex.App.- Houston [14th Dist.] Dec. 19, 2007)(Seymore)(arbitration)
GRANTED IN PART AND DENIED IN PART: Opinion by Justice Seymore
Before Justices Brock Yates, Frost and Seymore
14-07-00501-CV In Re: Weeks Marine, Inc.
Appeal from 215th District Court of Harris County (Hon. Levi James Benton)

Dixon Financial Services, Ltd. v. Greenberg, Peden Sigmyer & Oshman, PC (Tex.App.- Houston [1st Dist.]
Nov. 15, 2007)(Higley)(
arbitration award, severance)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Justices Taft, Hanks and Higley
01-06-00696-CV Dixon Financial Services Ltd., and Hyperdynamics Corporation v. Greenberg, Peden,
Siegmyer & Oshman, P.C., Gerald Siegmyer, Ron Bearden, and R. F. Bearden Associates, Inc.
Appeal from 215th District Court of Harris County (Judge Levi J. Benton)

John Hopkins Univ. v. Nath, M.D. (Tex.App.- Houston [14th Dist.] Sep. 25, 2007)(Fowler)
(
defamation, tortious interference, special appearance, personal jurisdiction)
AFFIRMED IN PART;
REVERSED & REMANDED IN PART: Opinion by Justice Fowler
Before Justices Anderson, Fowler and Frost
14-06-01083-CV The Johns Hopkins University v. Rahul K. Nath, M.D.
Appeal from 215th District Court of Harris County (Hon. Levi James Benton, District Judge)

Lowell v. City of Baytown, Texas (Tex.App.- Houston  [1st Dist.] Aug. 9, 2007, pet. (MET) filed)(Nuchia
(
firefighter litigation, dismissal for lack of jurisdiction)
AFFIRM TC JUDGMENT IN PART,
REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC
FOR FURTHER PROCEEDINGS: Opinion by Justice Nuchia
(Before Justices Nuchia, Jennings and Higley)
01-04-00548-CV        Keith Lowell; Ferrel J. Angelle; Bill Baylis; James Burgess; Robert Burlin; Thomas Carr;
Gilbert Contreras; David Cox; Jeff Daigle; James T. Datillo, Sr.; Richard S. Domask; W.A. Domask; Daniel J.
Dubiel; Ralph Feniello; Rodney Foster; Gaston Gagne; et al v. City of Baytown, Texas
Appeal from 215th District Court of Harris County (Hon. Levi Benton)

Webworld Marketing Group, L.L.C. v. Tommie Thomas, No. 01-04-00749-CV (Tex.App.- Houston [1st Dist.]
Aug. 2, 2007)(Opinion by Justice Hanks)(SOB regulation, zoning)
Before Justices Nuchia, Keyes and Hanks
Appeal from 215th District Court of Harris County
Trial court judge: Hon. Levy Benton
01-04-00749-CV        Webworld Marketing Group, L.L.C. v. Tommie Thomas
Appeal from 215th District Court of Harris County (Honorable Levy Benton)

Keyes' separate opinion in Webworld Marketing Group, LLC v. Thomas (Tex.App.- Houston [1st Dist.] Aug.
2, 2007)(separate opinion by Keyes)(SOB regulation)
OPINION
CONCURRING IN PART WITH, AND DISSENTING IN PART TO, THIS COURT'S JUDGMENT:
Concurring and Dissenting Opinion by Justice Keyes
Before Justices Nuchia, Keyes and Hanks
01-04-00749-CV        Webworld Marketing Group, L.L.C. v. Tommie Thomas
Appeal from 215th District Court of Harris County (Judge Levy Benton)

Aspenwood v. Link (Tex.App.- Houston [1st Dist.] Sep. 27, 2007)(Superseding opinion by Hanks)
(
special exceptions, tortious interference, malicious prosecution, abuse of process, section 1983 claim)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by
Justice Hanks
Before Justices Taft, Alcala and Hanks
01-05-00555-CV Jack Yetiv and Aspenwood Apt. Corp. v. Beatrice Link and Heley Huey
Appeal from 215th District Court of Harris County (Trial court judge: Hon. Levi J. Benton)

Madison v. Williamson (Tex.App.- Houston [1st Dist.] Sep. 27, 2007)(Bland)
(sexual assault liability, negligence, damages cap)
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Alcala and Bland
01-05-00678-CV Saskia Madison, a/n/f of M.M., A Minor v. Waren Reid Williamson, et al.
Appeal from 215th District Court of Harris County (Hon. Levi J. Benton, District Court judge)

Goss v. Kellogg Brown and Root, Inc. (Tex.App.- Houston [14th Dist.] Aug. 16, 2007)(Edelman)(personal
injury,
industrial accident, explosion)
AFFIRMED: Opinion by Justice Edelman
Before Justices Anderson, Edelman and Frost
14-05-00050-CV Armon Alan Goss and Theresa Ann Goss, Bryan Hall, Carol Hall , sean Hall, Shane Hall,
Roby G. Plemons, Karne Plemons, Jessica Plemons, Jeffery C. Kuper, Diane Kuper, Sarah Kuper, Erin
Kuperl & Pacific Employers Ins. Co. v. Kellogg Brown and Root Inc., individually and as successor in interest
to the M.W. Kellogg Company
Appeal from 215th District Court of Harris County (Judge Levi James Benton)
Concurring Opinion by Justice Frost  

Memorial Hermann Healthcare Systems v. Burrell (Tex.App.- Houston [14th Dist.] Jun. 28,
2007)(Anderson)(
health care liability claim, HCLC, ILA)
AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Edelman and Frost
14-05-01028-CV Memorial Hermann Healthcare Systems d/b/a Memorial Hermann Southwest Hospital, and
Dr. Dominic Sreshta v. Vincent Burrell a/n/f Kathie Whitfield
Appeal from 11th District Court of Harris County  (Judge: Hon. Levi James Benton)

Mathis v. Restoration Builders, Inc. (Tex.App.- Houston [14th Dist.] May 22, 2007)(Fowler)(negligence
premises,
premises liability, negligence, res ipsa loquitur, causation, NE-MSJ]
REVERSED AND REMANDED: Opinion by Justice Fowler
Before Justices Fowler, Edelman and Frost
14-05-00996-CV George Mathis, Jr. v. Restoration Builders, Inc
Appeal from 215th District Court of Harris County (Judge Levi James Benton)
Justice
Edelman dissented in Mathis v. Restoration Builders, Inc.

Bundage v. Attaway (Tex.App.- Houston [1st Dist.] May 17, 2007)(per curiam dismissal)
(
notice of appeal late, no timely post-judgment motion)
DISMISSED: Per Curiam
Before Justices Anderson, Fowler and Frost
14-07-00135-CV Louis Charles Bundage v. Lela Mae Attaway
Appeal from 215th District Court of Harris County

Chicago Title Co. v. Home Loan Corp. (Tex.App.- Houston [14th Dist.] Apr. 24, 2007)(Edelman)
[
real estate closing dispute, breach of fiduciary duty, fraud, BoFD, error preservation]
AFFIRMED AS MODIFIED: Opinion by Justice Edelman
Before Justices Fowler, Edelman and Guzman
14-04-01059-CV        Chicago Title Insurance Company v. Home Loan Corporation d/b/a Expanded
Mortgage Credit--Appeal from 215th District Court of Harris County (Judge Levi James Benton)

.
215th District Court Judicial Election Contest in Harris County, Texas
Incumbent Levi Benton Loses to Steven Kirkland
Houston Opinions
Harris County Civil District
Courts and Judges (Non-family)
Harris County Civil Courthouse - Houston TX 77002
Judge Levi Benton Campaign Billboard on SW Fwy Houston Texas 215th District Court Judicial Election Race

Link to Houston Opinions web page for Benton's successor: --->  Judge Steven Kirkland

                                     2008 ELECTIONS: Benton vs. Kirkland
                                     Republican incumbent: Judge Levi Benton
                                     Judge Benton does not appear to have a campaign website;
                                     He is one of a few Harris county judicial candidates who have
                                     resorted to billboard advertising this election season.
                                     
Appellate Record: Judge Benton has posted his own list of
                                     
cases appealed from his court on his court's web page.
                                     The Houston Chronicle recommended Benton for re-election
                                     in the general election, but the voters did not follow its advice.
                                    Two Democrats fought to take on Levi Benton:
                                    Attorney Fred Cook  and Municipal Judge
                                    
Steve Kirkland a/k/a Steven E. Kirkland
 Kirkland won the primary contest and defeated Benton in the general election.  
THE INCUMBENT (no message)
THE CHALLENGER IN HIS OWN WORDS
[Visible but
keeping mum -
and letting the
record speak
for itself?]
Steven E. Kirkland, Democrat
I have six years judicial experience, seventeen years
legal experience, both as plaintiff and defendant,
which gives me the unique perspective to be a
balanced and fair. After leaving Texaco, I had my
own practice before becoming a Municipal Judge. BA
from Rice, JD from University of Houston.
WHEN SHOULD A JUDGE RECUSE?
WHEN SHOULD A JUDGE RECUSE?
Levi J. Benton, Republican – No response
received
by League of Women Voters

Source:
LWV Voters Guide: Question to candidates
The issue is fairness, in fact and in perception. The
law sets out minimum standards requiring recusal
when the Judge has a close personal, family or
business relationship with any of the litigants.
Beyond that, the Judge should recuse if the Judge
believes he cannot be fair or if presiding over a case
creates the appearance of impropriety.
  Source: League of Women Voters Guide: Candidate Q&A
More on the incumbents from the Harris County
GOP judicial re-election campaign web site:
Keep our Judges dot com (Levi Benton
omitted)
[link no longer available]
More on this candidate form the Harris County
Democratice Party judicial elections campaign web
site:
Judges for All dot com [site is gone]
[Former] Judge Levi Benton - Recent Appeals from the
215th District Court Judge in Harris County, Texas
2008 ELECTION OUTCOME:
REP Levi J. Benton 533,568 Votes: 48.70% -  DEM
Steven E. Kirkland 62,135 Votes: 51.30%
See all Harris County Election Results

Harris County District Court Judges

11th  Judge Mike Miller (2009)
11th  Judge Mark Davidson (former)  
55th  
Judge Dion Ramos (elected 2008)
55th  Judge Jeff Shadwick (former)
55th  Judge Jeff Brown (former)
61st  Judge Al Bennet (2009)
61st  Judge John Donovan (former)
80th  Judge Larry Weiman (2009)
80th  Judge Lynn Bradshaw-Hull (former)
113th  Judge Patricia Hancock
125th  Judge Kyle Carter (2009)
125th  Judge John Coselli (former)
127th  Judge R. K. Sandill (2009)
127th  Judge Sharolyn Wood (former)
129th  Judge Michael Gomez (2009)
129th  Judge Grant Dorfman (former)
133th  Judge Jaclanel McFarland (2009)
133th  Judge Lamar McCorkle (former)
151st   Judge Mike Engelhart (2009)
151st   Judge Caroline E. Baker (former)
152nd  Judge Robert Schaffer (2009)
152nd  Judge Kenneth Wise (former)
157th   Judge Randall Wilson
164th   Judge Alexandra Smoots-Hogan (2009)
164th   Judge Martha Hill Jamison (former)
165th   Judge Josefina Muniz Rendon (2009)
165th   Judge Elizabeth Ray (former)
189th   Judge Bill Burke
190th   Judge Patricia Kerrigan (reelected '08)
190th   Hon. Jennifer W. Elrod (now on 5th Cir)
215th   
Judge Steven E. Kirkland (2009)
215th   Judge Levi Benton (former)
234th   Judge Reece Rondon
269th   Judge Dan Hinde (appointed 2008)
269th   John T. Wooldridge (resigned 2008)
270th   Judge Brent Gamble
280th   Judge Tony Lindsay
281st   Judge Sylvia Matthews (appt'd 2008)
281st   Judge David J. Bernal (resigned 2008)
295th   Judge Tracy E. Christopher
333rd  Judge Joseph James "Tad" Halbach Jr.
334th  Judge Sharon McCally (reelected 2008)