Lowery moves behind bench

NEW ROLE – Greg Lowery takes the oath as Wise County Court-At-Law No. 1 judge Monday morning. Messenger photo by Richard Greene

After 11 years as district attorney and nearly a decade prior as county attorney, Greg Lowery is officially moving behind the bench.

Lowery was sworn in Monday as the new Wise County Court-At-Law No. 1 judge after being appointed by county commissioners.

Monday afternoon, Gov. Greg Abbott moved quickly to announce the appointment of James Stainton as the district attorney for the 271st Judicial District.

Lowery was the lone applicant to fill the vacancy after the death of Judge Melton Cude, who died Nov. 29 due to complications from COVID-19.

“It’s a new challenge. It’s one that I considered and discussed in the past with Judge Cude, but I never thought it would come about in this manner,” Lowery said.

“It is a position of great responsibility in that you have two primary duties. If you are the person assessing the punishment to really consider what you are doing in assessing that punishment and not just say you committed the crime and you’re going to the county jail. But to look at all the factors involved and who all does that affect and is that the proper justice in this situation. It is sometimes; I’m not saying it’s not. And whether it be in trial or ruling on motions to be fair to all parties. Really, what you are is the referee. That’s the judge’s job is referee to make sure everyone follows the rules and follows the laws. In essence, the job is pretty simple, but in the law, there’s a lot of gray areas so those fall to how you interpret it.”

Lowery has been the district attorney in the 271st Judicial District since 2009. He was the county attorney from 2001 to 2008.

“My 20 years as a prosecutor doesn’t mean that I’m going to rule in the state’s favor,” Lowery said. “As the state’s prosecutor, my belief was if reasonable minds could differ on an issue, it was my job to take the state’s side and argue it. It was the judge’s job and the jury’s to decide what was the proper course. Now it’s a different role. I’m not the state’s spokesperson.”

Lowery worked with Cude for several years. He acknowledged the legacy left in the court by his predecessor.

“I spoke with Judge Cude on a weekly basis,” Lowery said. “I’m not trying to fill his shoes. He was a unique man. I never knew Judge Cude to be mean or disparaging to a single person. I’m honored and proud to see if I could do what he did.”

With Lowery sworn in as the new judge Monday, the district attorney seat was vacant for five hours with Abbott appointing Stainton.

MAKING IT OFFICIAL – Greg Lowery signs the official paperwork to take over as Wise County Court-At-Law No. 1 judge Monday morning. He was appointed to the post by Wise County commissioners. Messenger photo by Richard Greene

There was a rush to notify Abbott’s office of the vacancy to get an appointment for the district attorney before the start of the 87th Legislative Session Tuesday. Once the session started, an appointment would have needed two-thirds approval by the legislature.

Wise County Judge J.D. Clark said “there’s not a lot of appetite to put forth a nominee during the session.”

Clark also said the district attorney’s first assistant could fill the role by statute for 21 days. Without an appointment, the office would likely be vacant until May when the legislative session ends.

“Having a district attorney vacancy that long was a non-starter,” Clark said.

The governor’s office was notified of the pending vacancy, conducted interviews with three candidates and was prepared to announce a new appointment as district attorney Monday afternoon.

“I spoke with someone in the governor’s office, and they are prepared to appoint someone DA by the afternoon,” Clark said Monday morning. “They’ve interviewed multiple parties.”

Abbott made the announcement of Stainton’s appointment shortly after 4 p.m. Monday.