Conroe, September 18 – Conroe attorney Kristin Bays, the Judge-Elect of the 284th District Court who will take the oath of office on January 1, gave a stirring speech to a packed room of the Montgomery County Tea Party last night, September 17, 2018. The theme of Bays speech shone through in her comment, “I encourage each of you to have faith in our Constitution’s principles and procedures. They have gotten us through the darkest of days, and will continue to do so.”
Bays’s talk to the major conservative organization, under the leadership of its renowned President Patricia Ann Cherry Tibbs, was both patriotic and substantive. The upcoming jurist first spoke of the Board of District Judges’ decisive action on Friday, September 14, 2018, not to renew the appointment of Montgomery County Auditor Phyllis Martin for another 2-year term.
Bays emphasized that a County Auditor’s main function is “strict enforcement of the law governing County finances.” Citing a Texas Supreme Court decision from 1935, Bays said that the Auditor’s “independence” was “key.” She further explained, “The office of county auditor is highly important under our scheme of local self-government. His selection is removed as far as possible from direct political influence by requiring his appointment at the hands of the district judges of the county….He is also required to include in his additional oath that he will not be personally interested in any contract with the county.”
When Bays ran in a contested race in the March 6, 2018, Republican Primary Election, ensuring that the County Auditor performed her job was a major point upon which she campaigned.
Bays told the audience that the District Judges primarily took three actions on September 14 with respect to the County Auditor:
- They decided to select a new auditor for a 2-year term and put the job up for posting;
- They confirmed the auditor’s staffing and payroll budget; and
- They exercised oversight to make sure the auditor is doing the job.
Bays then turned to the topic of impeachment, the term liberal democrats seem to want to throw around for fear that, otherwise, President Donald Trump may succeed in bringing substantial reform to the federal government. “Impeachment is not and should not be a political tool. It’s a big deal,” Bays said. Bays quoted Law Professor Charles Black who described “the president is the prime symbol of our national unity.”
The standard for removing a President from office is treason, bribery, or high crimes, under Article II, Section 4, of the United States Constitution, Bays explained. Bays cited Alexander Hamilton, one of the primary authors of The Federalist Papers, wrote in “Federalist 65” that “impeachment is different from civil or criminal trails because it involves misconduct of public men…from abuse or violation of some public trust.” That’s the reason that impeachment by the House of Representatives requires a majority vote of 218 out of 435 members, but conviction in the United States Senate requires a 2/3 vote, or 67 Senators. Bays noted that in 60 impeachment proceedings, there were less than one-third that resulted in convictions, but only eight of those suffered removal from office, while no President has suffered a conviction.
Interestingly, United States Congressman Alcee Hastings, a very liberal democrat of Florida, was a United States District Judge from Florida from 1979 to 1989, when the Senate removed him from office for accepting bribes.
Judge-Elect Bays said “it’s interesting that the Founding Fathers actually contemplated a situation where a nation like Russia interfered in the federal government’s operations.” She explained, “Hamilton in ‘Federalist 68’ said the Electoral College is designed to check any ‘foreign powers [hoping] to gain an improper ascendant in our councils.'”
Bays also turned back liberals’ fantasies about whether they could remove President Trump from office utilizing the provisions of the 25th Amendment to the Constitution. “It’s a tougher standard than impeachment,” she said.
With her staunch conservative credentials glistening, Bays captivated the audience and made clear that she’ll bring some special talents to the bench.