Editor’s note: To help readers learn more about primary runoff candidates, The Texas Tribune has compiled background information on the Republicans seeking their party’s nomination for the Texas Court of Criminal Appeals Place 3 in the May 26 runoff. For a full list of candidates, view our primary runoff ballot page. For more information on the runoffs and the voting process, check out our guides and news coverage here.
About the elected seat: The Texas Court of Criminal Appeals is perhaps best known for its decisions on death penalty cases, such as blocking Robert Roberson’s execution and most recently overturning Clarence Curtis Jordan’s sentence after he had spent 47 years on death row. In addition, it reviews criminal appeals from lower courts as well as petitions from anyone convicted of a state felony who wants to challenge their detention’s legality.
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The panel includes one presiding judge and eight other judges. They are all elected statewide for staggered six-year terms.
What’s at stake: The May 26 Republican primary runoff election for a seat on Texas’ highest criminal court will be a showdown between a candidate with extensive experience working for the panel and a candidate with significant political backing.
Alison Fox and Thomas Smith are running head to head to be the Republican nominee for Place 3, after coming out on top of a four-way race in March. Fox, who has garnered several high-profile endorsements for her experience as an attorney at the high court, led the pack with 31.3% of the vote in round one. Smith — who works in Attorney General Ken Paxton’s office and has his endorsement, on top of support from several state lawmakers — was right behind at 30.7%.
The court has drawn attention in recent years over its rulings that Paxton’s office can’t unilaterally prosecute election cases, which prompted the attorney general to successfully push out three Republican judges who disagreed with him when they ran for reelection in 2024. The panel then decided the following year to rehear an election wrongdoing case that it had previously thrown out.
Two more Republican judges who sided against Paxton — David Newell and Bert Richardson — were up for reelection this year, but they opted not to seek another term. The Re-Elect David Newell for Judge Campaign donated $4,000 to Fox in October, records show.
The winner of the runoff election will face Democrat Okey Anyiam, a private criminal defense attorney, in November. The eventual GOP nominee will be favored to win, as the court has long been filled by Republicans and there are currently no Democratic judges.
Alison Fox
Republican
💰 Campaign finance as of Feb. 21, 2026:
- $9,602 cash on hand
💰 Major donors this cycle:
- Patty Fox, retired
- Susan Dahlberg, not employed
- The Re-Elect David Newell for Judge Campaign
Experience:
- Staff attorney at the Courts of Criminal Appeals, including previous role in the court’s writs of habeas corpus division
- Former prosecutor and director of the conviction integrity unit in the Bexar County District Attorney’s Office
- Former criminal appeals attorney in private practice
Political Ideology:
Fox says she’s running to defend the Constitution and protect the rule of law. An active member of the Catholic Church, she also says that “faith and justice go hand in hand — that our legal system is strongest when it reflects the moral truths rooted in Scripture.”
Endorsements:
- Texas Right to Life PAC
- Austin Police Association and Houston Police Officers’ Union
- Editorial boards of The Dallas Morning News, the Houston Chronicle and the San Antonio Express-News
How to contact or learn more:
Thomas Smith
Republican
💰 Campaign finance as of Feb. 21, 2026:
- $2,305 cash on hand
💰 Major donors this cycle:
- David Gabbay, real estate
- Maya Gabbay, real estate
- Kenneth Clark, banking
Experience:
- Assistant attorney general in the Texas Attorney General’s Office
- Former counsel for Ken Paxton when he was a state senator
- Former counsel in private practice
Political Ideology:
Smith says he’s running to keep “women and children safe in an increasingly dangerous culture.” He has particularly emphasized his work with Paxton’s office and state lawmakers, including on issues such as human trafficking and Texas’ ban on sanctuary cities.
Endorsements:
- Attorney General Ken Paxton
- State Sen. Angela Paxton and several other Republican state lawmakers
- True Texas Project
How to contact or learn more: