A closely watched Republican runoff for a seat on Texas’ highest criminal court ended Tuesday with a decisive victory for Thomas Smith, an assistant attorney general backed by Attorney General Ken Paxton. According to unofficial election returns reported by The Associated Press, Smith defeated court attorney Alison Fox in the race for Place 3 on the Texas Court of Criminal Appeals.
The runoff capped one of the most closely watched judicial contests in Texas this year. Smith and Fox emerged from a four-candidate primary in March separated by less than one percentage point, setting up a competitive second round that became increasingly contentious in its final weeks.
Smith, who works in Paxton’s office as an assistant attorney general, secured support from several influential conservative figures during the campaign. His victory further strengthens Paxton’s influence over the nine-member all-Republican appeals court, which has become a focal point in recent political battles over criminal law and election enforcement in Texas.
Following the runoff results, Smith emphasized party unity heading into the general election and praised Fox for her legal experience and campaign effort. He will now face Democrat Okey Anyiam, a criminal defense attorney, in November. Democrats have not won a seat on the court since 1994, underscoring the steep challenge ahead for the party in statewide judicial races.
The Court of Criminal Appeals handles criminal appeals from lower courts across Texas and is widely known for overseeing death penalty cases. In recent years, however, the court has gained additional political attention after a 2021 ruling that limited the attorney general’s authority to independently prosecute voter fraud allegations without permission from local prosecutors.
That decision triggered a broader political effort by Paxton to reshape the court. During the 2024 Republican primaries, Paxton supported challengers against several judges who joined the majority in the voter fraud ruling. Among those targeted was longtime Presiding Judge Sharon Keller, who had served on the bench since the 1990s.
This election cycle also saw the departures of Judges David Newell and Bert Richardson, both of whom were part of the majority in the 2021 decision and opted not to seek reelection. Their exits have created additional opportunities for new conservative-aligned candidates to join the court.
Fox’s campaign briefly drew scrutiny over a campaign contribution linked to Newell. Campaign finance filings showed that Newell donated $4,000 to her campaign last year, far above the amount judicial officeholders are permitted to contribute annually under Texas law. Fox later returned the money after discovering the issue.
The race also turned personal in its final days. Smith criticized Fox on social media over a petition-signing event hosted by attorneys from a Fort Worth law firm representing a defendant connected to a high-profile North Texas shooting case involving an immigration detention facility. Fox rejected the accusations and described herself as a lifelong conservative Republican.
The dispute escalated when criminal defense attorney James Luster filed a judicial complaint against Smith, arguing that the social media posts misrepresented Fox and suggested potential bias in future court proceedings. Smith dismissed the complaint as politically motivated and defended his comments as part of legitimate campaign criticism.
