Attorney Josh Fitzgerald is seeking election to the 253rd State District Court, which serves both Liberty and Chambers counties. He is running in the March 3, 2026 Republican primary against longtime incumbent District Judge Chap Cain. Fitzgerald recently sat down with Bluebonnet News for an interview on the Headlines and Heartlines podcast to talk about his background, his legal experience, and why he believes now is the right time to run.
Fitzgerald was born and raised in Moss Hill and attended Hardin schools from elementary through high school. After graduating, he earned his undergraduate degree from Texas A&M University before heading to Austin to attend law school at the University of Texas. He joked during the interview that the UT degree earned him some teasing over the years, though he says he still roots for the Aggies when it matters.
He has been an attorney for 18 years and has spent his career working as a litigator. After law school, Fitzgerald moved to Dallas, where he worked for a large national litigation firm with offices around the world. After a few years, he decided big-city life was not for him and moved back closer to home, taking a position with a regional litigation firm in downtown Houston.
Fitzgerald said that job was where he really learned how to be a lawyer. He described being pushed into active cases early on and learning through experience. During that time, he practiced in courts across Texas and gained extensive trial experience, which he believes laid the foundation for his legal career.
He eventually returned to Liberty County to open a local practice but soon accepted an opportunity to serve as in-house counsel for one of the largest real estate firms in Houston. Fitzgerald held that position for nearly 10 years, handling both litigation and business matters rather than sending cases out to outside counsel, which he said broadened his understanding of the legal system.
While working in Houston, Fitzgerald met his wife, Barbara. The couple now has two young sons, Philip, 3, and Henry, 1, who goes by Hank. When they decided to start a family, Fitzgerald said they knew they wanted to raise their children in Liberty County. The family moved back to Moss Hill and now lives next door to his parents.
“One of my favorite things is watching my boys play with my parents,” Fitzgerald said. He added that his three-year-old believes “next door” simply means his Nana and Papa’s house.
Fitzgerald now is a partner in a Liberty, Texas law firm with J.D. Chandler and Emily Cook. Fitzgerald said the idea of running for district judge started a few years ago as he watched changes taking place in the court system and in the community. Learning that Judge Cain had moved from Liberty County to Chambers County made him think more seriously about the future of the bench and whether he could contribute at this point in his career.
He acknowledged that running against a sitting judge is not easy, but believes his legal background has prepared him for the role. Fitzgerald has handled civil cases, business matters, appeals, and some criminal cases, including misdemeanors. The 253rd State District Court hears felony criminal cases, large civil lawsuits, family law cases, and other matters that cannot be handled in lower courts.
If elected, Fitzgerald said moving from representing clients to serving as a neutral judge would require a clear shift in perspective.
“You just become an advocate for the law,” he said. He added that being able to see both sides of an argument was one of his strengths as a trial attorney and is a skill he believes carries over to the bench.
Fitzgerald said the biggest challenge for any first-time judge is adjusting to a new role. While attorneys spend their careers learning the law, he said judging requires learning the day-to-day operations of the court and understanding how all the moving parts fit together. With population growth increasing case loads, he believes efficiency and clear expectations are critical to keeping the system moving.
He emphasized the importance of cooperation among judges, prosecutors, defense attorneys, and court staff, describing the court system as an ecosystem where every part must work together. Fitzgerald said setting clear deadlines and holding attorneys to them is one way to protect the right to a speedy trial and avoid unnecessary delays and increase costs that frustrate victims, defendants, and families.
Fitzgerald also addressed concerns about low jury turnout, calling jury service the most important responsibility in the justice system. He said increasing public awareness could help remind residents that the courts cannot function properly without jurors who are willing to show up and serve.
When asked to describe his judicial philosophy, Fitzgerald said it starts with fairness and the absence of bias. He said judges should apply the law patiently and with humility, taking time to explain decisions when necessary.
“You’re there because the community trusted you to make hard decisions,” he said. “That responsibility should never be taken lightly.”
The Republican primary election will be held March 3, 2026, with the winner advancing to the general election to determine who will serve as judge of the 253rd State District Court.
To hear the full episode of the podcast, click the link below: