The upcoming Republican primary runoff on May 26 for Place 3 on the Texas Court of Criminal Appeals is set to be a critical contest. This election features two candidates: Alison Fox, who boasts substantial experience within the court system, and Thomas Smith, who has garnered considerable political support.
Alison Fox and Thomas Smith emerged as the frontrunners from a four-way race in March, with Fox receiving 31.3% of the votes and Smith closely following at 30.7%. Fox has secured several notable endorsements, highlighting her legal expertise as an attorney at the high court. Smith, who is affiliated with Attorney General Ken Paxton’s office and has his backing, also enjoys support from numerous state lawmakers.
The Texas Court of Criminal Appeals is primarily recognized for its rulings on death penalty cases. Recent years have seen the court involved in significant controversies, such as its decision to limit Paxton’s office from unilaterally prosecuting election-related cases. This disagreement led to the ousting of three Republican judges in the 2024 elections, who had opposed Paxton. The court also opted to revisit a previously dismissed election misconduct case.
Two additional Republican judges who had sided against Paxton—David Newell and Bert Richardson—decided not to run for reelection this year. Notably, the Re-Elect David Newell for Judge Campaign contributed $4,000 to Fox’s campaign in October.
The winner of this runoff will face Democrat Okey Anyiam, a private criminal defense attorney, in the general election in November. Historically, the GOP nominee is favored, as the court has been predominantly Republican, with no Democratic judges currently serving.
Candidate Profiles
Alison Fox
Campaign Finance (as of Feb. 21, 2026): $9,602 cash on hand
Major Donors: Patty Fox (retired), Susan Dahlberg (not employed), The Re-Elect David Newell for Judge Campaign
Experience: Fox has served as a staff attorney at the Court of Criminal Appeals, previously working in the court’s writs of habeas corpus division. She has also held positions as a prosecutor and directed the conviction integrity unit at the Bexar County District Attorney’s Office.
Political Ideology: Fox aims to uphold the Constitution and ensure the rule of law is maintained. She emphasizes that her faith informs her understanding of justice, stating that the legal system is strongest when it reflects moral truths.
Endorsements: Texas Right to Life PAC, Austin Police Association, Houston Police Officers’ Union, and editorial boards of major Texas newspapers.
Contact: foxforjudge.com
Thomas Smith
Campaign Finance (as of Feb. 21, 2026): $2,305 cash on hand
Major Donors: David Gabbay (real estate), Maya Gabbay (real estate), Kenneth Clark (banking)
Experience: Smith serves as an assistant attorney general in the Texas Attorney General’s Office and has previously worked as counsel for Ken Paxton during his tenure as a state senator.
Political Ideology: Smith focuses on ensuring safety for women and children in a threatening cultural climate. He highlights his involvement with Paxton’s office on issues such as human trafficking and the ban on sanctuary cities.
Endorsements: Attorney General Ken Paxton, State Senator Angela Paxton, and several other Republican lawmakers.
Contact: smithfortexas.org
