by Eric Kleiman


Quick To Lead
As a former judge, Rep. Carter brings perspective to D.C.

Congressman John Carter (R-TX) is nothing if not quick to act. In the immediate aftermath of September 11, the judge was driving down the highway, returning from a legal conference in New Mexico with an attorney friend, when talk turned to how to make a difference in the coming battle.

“He was an old ex-Marine, and he knew he couldn’t get back into the Marine Corps because he was too old and fat,” Carter quipped. “I said I might retire and become a dollar-a-year man. That’s when he mentioned that I should run for that new [congressional] seat.”

In no time at all, Carter—who had served as a Williamson County district court judge for two decades—was the Representative of Texas’ newly drawn 31st Congressional district. He earned his place in the House just 14 months after that fateful chat in the car. Small surprise, then, that Carter was quick to make his mark on Capitol Hill. Upon arriving in Washington, Carter was elected by his fellow Republicans to serve on the Party’s steering committee. 

A leader among leaders.

“It has been putting more gray hairs on my head,” Carter confesses. “Being an advocate for 33 members of Congress, trying to help their careers, will be a real challenge. I’m looking forward to it.”

You were successfully re-elected four times as a county district judge, garnering 60 percent of the vote each time. Why the career change?

The attack on the Towers. As a general jurisdiction judge trying felony cases, my reaction when I saw it live on television was that I just witnessed the greatest single capital murder in the history of man. To me, we are hunting down international criminals, and I have some expertise in that. 

What originally inspired you to pursue a career in the law?

Law school inspired me to believe that everyone deserves the best representation they can get in court. From that standpoint, I enjoyed being a lawyer and I enjoyed being a judge…. As a judge, there were many times when I picked up the phone and called a lawyer and said, “Hey Jack, this guy needs help and he doesn’t have the resources. But he really needs help, and I think you should talk to him.” Of course, I never forced it on anyone. The lawyers I’ve had in my court, with some rare exceptions, were willing to do those things.

Every member of the Bar takes an oath to promote justice. When you took that oath, what obligations did you feel came with it as a practicing attorney?

I think we take an oath to promote justice by providing representation to all people, whether they can afford it or not—to treat all your clients the same and give them the best performance as a lawyer that you can give. I think lawyers owe a duty to their profession to do pro bono work as much as possible. I think it helps a lot, not only because there is a need, but also because we are a tarnished profession. I think in many instances it is undeserved, but there are instances in which it is deserved. Pro bono work enhances the value and image of our profession, and it does service to people who need it.

A large number of cases that legal services handle concern family law matters. Did you find that self-represented litigants were at a disadvantage when important matters like child custody were being adjudicated?

Absolutely, no doubt. Anybody who is self-represented is in trouble in a court of record in Texas or any other court. You need a lawyer.

How did your court deal with pro se?

I spent a lot of time explaining to pro se litigants what the pitfalls were of self-representation. I generally gave them more than one continuance to allow them to get a lawyer. I would pressure them by saying, “I want you to get a lawyer. I’m going to give you another six weeks or three months,” or whatever they said they needed. To be very honest, any trial judge will tell you an unrepresented client is a trial judge’s biggest headache. You know that there is no way you can have that person walk out of court and feel they had a fair shake.

Do you think the promise of “equal justice for all” is something that can be realistically achieved in America?

Yes I do. We have the only system in the world capable of providing equal justice for all. But we have to be inventive. It’s an obligation that all of us with law licenses across the country have. Every lawyer, whether he’s the fat-cat corporate lawyer in the big city or the country-boy lawyer in the small town, must do his or her part to see that we have equal justice. I hope that every lawyer has not become so jaundiced in his view toward money that he has forgotten that our system depends upon us making sure that everybody gets a fair shake in the courtroom. When [people are] making a contract or dealing with businesses, they need to have access to some help. I believe that if we’re not there yet [in achieving equal justice], we need to continue to educate and continue to provide services to people who can’t gain that access on their own.

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