The Most Experienced Candidate for the First Court of Appeals
Malcolm E. Whittaker brings 35 years of legal experience to the race for the First Court of Appeals, Place 3 — making him the most qualified candidate in the field.
- Judicial Experience: Malcolm has served as an arbitrator in more than 100 cases, weighing evidence, applying the law, and issuing reasoned decisions.
- Extensive Appellate Practice: He has handled appeals throughout Texas and across the United States.
- Religious Liberty Defender: Malcolm defended a juror’s constitutional right to pray after the juror was removed from a jury for praying about his verdict.
- Engineering & Technology Background: As an engineer and intellectual property attorney, Malcolm supports Texas innovation, entrepreneurship, and economic growth.
- I am a strong supporter of religious rights.
- As part of this support, I wrote an amicus brief in support of a juror who was removed from a jury for praying about his verdict. The oath that a juror takes ends with "so help me God." Surely, if a juror asks for God's help by privately praying, he shouldn't be removed for doing so. The 11th Circuit cited to my amicus brief (at pp. 42-43 and 46) arguing that the 1st Amendment's right to freely practice his religion was violated. I am very proud of this brief and believe it is a good example of my work. (For the lawyers reading this, the citation is United States v. Brown, 996 F.3d 1171 (11th Circuit 2021) (en banc).
- I have been successfully practicing law for more than 35 years. In addition to my work as an advocate for religious freedom. I specialize in intellectual property law. This type of law affects 44% of the American economy ($13.4 trillion/year). If I am elected, I will be the only judge with this specialized knowledge on the Court. In order to continue to have a strong economy and a legal system that strengthens and supports it, it is vital to add this specialization to the Court.
- I have also served on the Board of Directors of a privately held company.