About Judge Schmude

judge-schmude

Judge John Schmude resides with his wife and two children in Spring. Before taking the Bench, Judge Schmude was a successful family law attorney with an extensive business & financial background and a strong record of service to children and to families – especially those children and families who have faced substantial challenges involving extreme poverty and abuse. Judge Schmude’s commitment to family law is motivated by his strong faith and his recognition that families are the first and firmest foundation upon which any healthy society is built. Judge Schmude is an active member of Annunciation Catholic Church in downtown Houston.

Education

  • Cum Laude graduate of South Texas College of Law, Juris Doctorate
  • Summa Cum Laude graduate of the University of Massachusetts, Political Science
  • Klein High School, Spring, Texas

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JUDICIAL PHILOSOPHY

I believe that the family is the fundamental building block of society, and when there is chaos in the family, chaos in our communities will inevitably follow.

Strong families build strong communities, and strong communities build strong societies. I believe that our family court judges have an obligation to make decisions that support and strengthen families and to render just and amicable solutions when family relationships are strained.

I believe that a child is not a right or something that is owed to a person; rather, a child is a gift endowed with inherent and independent dignity.

Too often, children are treated like property when family courts focus exclusively on the rights of parties with respect to children without taking account of the independent rights and dignity of each child.

I believe that the fundamental rights of individuals do not originate from government or from courts but from a higher law that is written on the hearts and consciences of all by our Creator.

This principle, which served as the cornerstone of the common law system for centuries, is sadly being lost, and the inevitable result is a subjective system of jurisprudence grounded in nothing more than the whims of judges and legislators. Governments have no natural right to abolish or to compromise the rights of the people because such rights are rooted in a higher order, and recognition of this principle, which was universally accepted by our founding fathers, serves as a strong check against intrusions by the government upon the liberty and dignity of individuals.

I believe, in the words of Thomas Jefferson, “that government is best which governs least.”

As such, I strongly believe that the power of the federal government should be limited to the enumerated powers set forth in the U.S. Constitution, and that our state and local governments and our courts should limit intrusions into the lives of its citizenry only to the extent that such intrusions are necessary. I believe that concentration of power – especially concentration of governmental power – stifles liberty and invites corruption.

I believe that humility is one of the greatest attributes of a Judge. As is the case with all elected officials, judges are called to serve and not to be served.

Endowed with a true sense of humility, a judge is better able to discharge the duties of office in a manner that is just, compassionate and ever mindful of the rights and dignity of parties.

I believe that when parties have entered into reasonable agreements by means of mediation or through the informal settlement process, judges should not set aside such agreements in favor of their own personal views.

In custody cases, such judicial activism results in a level of micromanagement that not only leads to tremendous inefficiency within the judicial process, but is ultimately destructive of the family unit and violative of the fundamental rights of parents and children.

I believe that judges have a duty to faithfully apply the law and not to create law under the guise of interpretation.

When judges legislate from the bench, the rightful authority of the elected representatives of the people is usurped, which undermines the principles of checks and balances and separation of powers established by our founding fathers. When courts legislate from the bench, this results in a corruption of law and a perversion of our constitutional principles.

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