05/25/2026
Today, James Luster submitted a sworn judicial complaint against Thomas Smith, a candidate for the Court of Criminal Appeals. This is the first judicial complaint James has had to file, and he hopes it will be his last.
The Court is the highest appellate court in Texas for criminal cases – essentially the state’s Supreme Court for criminal cases. Because Mr. Smith is grossly unqualified compared to his opponent, he has resorted to mudslinging. Politics can be tough, and each candidate must decide for him or herself how far they are willing to go to attack their opponent. It is okay for attorneys and judges to campaign hard. It is not okay to violate the standards of our profession. An attorney running for judicial office is required to follow Texas Code of Judicial Conduct. Mr. Smith’s negative campaigning has violated that code.
The complaint itself is attached to this post. It is important to understand that in addition to violating the Code of Judicial Conduct for judicial candidates and the Rules of Professional Conduct for attorneys, Mr. Smith’s comments show what a poor fit he is for the position he seeks. Everyone charged with a crime in this country deserves an attorney who will fight for them. At best, Mr. Smith has demonstrated that he is skeptical of this right. One half of the attorneys appearing before the Court of Criminal Appeals represent criminal defendants. Mr. Smith has proven he cannot fairly consider their cases, especially if the defendant is accused in a politically charged or sensitive case.
Our attorneys represented defendants charged in connection with the January 6, 2021, incident in Washington, D.C., and the July 4, 2025, Prairieland ICE facility incident in Alvarado, TX. We are proud of our work in both cases. Our passion to represent our clients and protect their rights has nothing to do with political leanings. Amazing, zealous criminal defense attorneys come from all points on the political spectrum. We are blessed to have a firm full of those types of attorneys at Cofer Luster Law Firm.