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CAT SPRING — Candidates for Colorado County Precinct 3 Justice of the Peace Don Clark (incumbent), and write-ins Will Schneider and Bennie Zajicek answered more community questions about judicial decision- making, office management and more during a moderated second forum, Monday, Oct. 10, at Bernardo Fire Station.
The three candidates will be competing for the seat in the upcoming midterm election on Tuesday, Nov. 3.
Early voting starts Oct. 19 and will run through Oct. 30. For more information about voting and the election, visit the Citizen's "Midterm Elections" website section.
As write-in candidates, voters must manually type Schneider or Zajicek’s name onto the ballot via the electronic voting machine to vote for them. Their names will be provided on a list for access and spelling.
Clark was suspended by the State Commission on Judicial Conduct July 2 after being indicted on charges of official oppression, false report to a peace officer and false report to induce an emergency response relating to an incident in February. Clark submitted an automatic plea of not guilty, and his case is pending trial.
Monday’s forum welcomed an audience of around 35 in person and over a hundred via livestream on The Citizen’s Facebook page. This forum follows the first on Oct. 1 that Clark and Schneider attended.
Organized by the Colorado County Republican Party, the forum featured pre-written questions provided to the candidates in advance and questions submitted by the audience. Audience questions pertaining to Clark’s pending trial were prohibited.
Tom Sherman moderated the discussion that allotted equal time for each candidate.
The Citizen has compiled and summarized the questions and each candidate’s answers below.
WHY DO YOU WANT TO SERVE AS JUSTICE OF THE PEACE? WHAT ARE YOUR MAIN GOALS FOR THE OFFICE? WHAT DO YOU HOPE TO ACCOMPLISH BY THE END OF YOUR FOUR-YEAR TERM?
ZAJICEK: Zajicek said he would like to see the same type of justice and care for the people in the precinct previously seen before. “The JP’s office, there is nothing to accomplish except to make sure the law is followed right and to make sure justice is served out fairly to everybody.”
CLARK: Clark said he’s been serving for the last three and a half years and helped many in the community overcome various struggles. “I want to help the people in our community, because guess what, we’re broken.” He said his main goal is to run a fair court regardless of last name. He said he wants to leave the community better than when he started.
SCHNEIDER: “I have a genuine interest in the judicial process and would like to continue my service to this wonderful community.” Schneider said his goal is to ensure the office is stable, fair, accessible, and has integrity. “By the end of my term, I hope to establish a well-managed, efficient court with knowledgeable staff, accurate records and consistent procedures.”
HOW DOES YOUR BACKGROUND PREPARE YOU TO SERVE AS JUSTICE OF THE PEACE?
CLARK: Clark said he has a college degree and 28 years of experience in the United States Secret Service. He said he has completed the required judicial training and keeps up with training courses throughout the year.
SCHNEIDER: Schneider said running his own business involves making decisions, accepting responsibility and treating people fairly, which are the same qualities needed for the JP office. He said he would complete state training and learn from experienced local JPs.
ZAJICEK: Zajicek said his over 20 years in law enforcement has provided him with a good understanding of criminal charges and complaints in Texas. He said would complete state training and meet any regulations.
HOW WILL THE COURT’S OFFICE BE STAFFED AND MANAGED?
SCHNEIDER: Schneider said he will make no changes on the first day and prioritize learning the position and evaluating the office.
CLARK: Clark said he has two clerks who understand and know the system very well. He added that the two women run the office while he runs the courtroom.
ZAJICEK: Zajicek said he sees no reason to change the staff and would evaluate the office once in the position.
HOW WILL YOU STAY IMPARTIAL? WHEN WILL YOU RECUSE YOURSELF FROM A CASE?
CLARK: “I don’t care what your last name is. I don’t play the name game.” Clark said he has recused himself several times in civil cases where he knew people involved.
SCHNEIDER: “My responsibility will be to remain impartial. Consider the facts and evidence and apply the law fairly, regardless of who is involved.” If his impartiality could be questioned, he will evaluate impartiality requirements and step aside when required.
ZAJICEK: “Even though I know you, doesn’t mean you didn’t make an infraction in the law.” He said he would recuse himself from criminal cases involving family members and from civil cases depending on the situation.
HOW WILL YOU MAINTAIN ORDER IN YOUR COURTROOM WHEN EMOTIONS RUN HIGH?
CLARK: Clark said his courtroom gets heated at times and described breaking the tension with humor. “By bringing a little bit of laughter into the courtroom…people come back to being human again.”
ZAJICEK: “I would set the rules right away. Let them know that it’s my courtroom, and it will be my rules in the courtroom, and everybody will be respectful to everyone else.” Zajicek added he would rely on the bailiffs if needed.
SCHNEIDER: Schneider said he agreed with Zajicek. “I would require some respect just as I would give people before the courtroom…I don’t think it would a be a laughing matter. I think the situation warrants that respect.”
HOW WILL YOU BALANCE PUBLIC SAFETY VERSUS THE RIGHTS OF THE ACCUSED?
ZAJICEK: “Public safety comes first.” He said bail is not a punishment, but to help ensure a defendant will come to court.
CLARK: “Personal safety comes first.” He said he will set high bonds but remain fair and offer help. Clark said bonds don’t always work for repeat offenders, and he would prioritize protecting the community.
SCHNEIDER: “My approach will be to consider the facts and circumstances of each case, follow the law as written and make decisions in a timely and impartial manner.” He said he researched these responsibilities, understood the consequences, and would take them seriously.
HOW WILL YOU BALANCE ACCOUNTABILITY VERSUS OPPORTUNITY FOR CHANGE IN CASES INVOLVING YOUTH?
ZAJICEK: The situation depends on a lot of things, including the charge and the family’s financial situation. “I want a young person to have respect for the law and respect property.” He said he will be fair to the family and to the defendant.
CLARK: He said he will look at the youth’s friends, relationships and environment and encourage change where needed. Clark said he will offer deferment or community service to reach youth. “When you see these kids, so many of these kids are hurting, and they need help.”
SCHNEIDER: His decision will also depend on the case and the crime. Schneider referenced him being a father and said he doesn’t want to ruin lives. “If I can help that kid up instead of knocking him back down, then, of course, following the law while doing so.”
HOW WILL YOU MAKE SURE THAT SOMEONE REPRESENTING THEMSELVES IN COURT RECEIVES A FAIR HEARING?
ZAJICEK: He said most defendants don’t have lawyers for criminal matters. For civi l matters, Zajicek said he would tell participants to “lawyer up.”
CLARK: Clark said his experience comes in with civil cases where motions and procedures differ from criminal cases. He would ensure participants understand they can have an attorney and reset cases to allow participants to get a lawyer.
SCHNEIDER: Schneider said his background as a small business owner and working person would help him relate to participants and explain court language and procedures commonly while remaining impartial.
IN COLORADO COUNTY, THE JUSTICE OF THE PEACE CONDUCTS INQUESTS DUE TO NOT HAVING A MEDICAL EXAMINER. HOW WOULD YOU HANDLE BEING ON CALL? HOW WOULD YOU TREAT GRIEVING FAMILIES?
CLARK: Clark said he’s done 48 death inquests so far and has struggled with the horrific scenes. “I will go in there, I will sit with you, I will pray with you, I will cry with you.”
ZAJICEK: Zajicek said being on call is familiar to him because of his police background. “You have to be compassionate, but you have to be professional. You can’t get too close to it on a personal level.”
SCHNEIDER: Schneider said being on call and witnessing difficult scenes is familiar to him because of his service as a firefighter. “I’m confident…in my ability to treat grieving families with the upmost care, dignity and compassion.”
HOW ARE YOU DIFFERENT FROM THE OTHER CANDIDATES?
CLARK: He has 28 years of law enforcement experience and a college degree. “I believe God put me in this position for a reason, and that reason is to help people.”
SCHNEIDER: He will help people through the court system. “My platform, for the most part, is to be a good JP, run the office as I run my small business, learn the law to the best of my ability and apply the law fairly and equally to everyone.”
ZAJICEK: He has over 20 years of law enforcement experience in Texas and familiarity with criminal laws. “My plan is to rule justly, rule with integrity and treat everybody fairly.”
FOR SCHNEIDER AND ZAJICEK, WHY DID YOU NOT RUN IN THE MARCH PRIMARY ELECTION?
ZAJICEK: He said he wasn’t going to wear everyone out with another primary fight. “There’s a reason I did the writein, and I’ll just leave it at that.”
SCHNEIDER: “I was heartbroken after my loss two years ago.” Schneider said he thought deeply about it and missed the deadline to submit.
FOR CLARK, WHAT SHOULD VOTERS KNOW IF YOU ARE REELECTED?
CLARK: Clark said he hopes the charges will go away for him to continue the job. “None of this has anything to do with my courtroom. None of this has anything to do with a court case that has been presented in front of me. The continuity of my courtroom is intact, it is fair, it is legal.” He added that the trial is a personal issue.
Rodney Meyer is currently serving as a temporary appointed justice in Clark’s stead but is running unopposed for the Precinct 1 Justice of the Peace position. If Meyer is elected, he will assume his duties Jan. 1, 2027, leaving a vacancy in Precinct 3. The other three justices of the peace would have to cover Precinct 3’s cases, or the Colorado County Commissioners’ Court would have to appoint a new temporary justice.
Reporter’s Note: Questions about the candidates’ positions and approaches to mental health in regard to the responsibilities of a justice of the peace were omitted for brevity. Clark said he would connect those in crisis to mental health resources. Zajicek and Schneider both said they would defer to the mental health deputies at the Colorado County Sheriff’s Office.
