It isn't hard to identify the major issue in the race for presiding judge on the Texas Court of Criminal Appeals, the state's highest court for criminal cases.

Democratic challenger Keith Hampton is taking on GOP incumbent Sharon Keller with one major bit of ammunition - Keller's controversial role in the "We close at 5 p.m." death penalty case in 2007.

Convicted murderer and rapist Michael Wayne Richard was executed on Sept. 25, 2007, hours after a last-minute appeal to the court failed when office hours were not extended past 5 p.m. The appeal attempt was related to a U.S. Supreme Court ruling in a capital punishment case out of Kentucky.

You can't blame Hampton, who visited with the Amarillo Globe-News editorial board Monday, for making a campaign issue out of the controversy, which earned national attention and criticism for Keller.

What is not a campaign issue is the legality of capital punishment in Texas.

Hampton, a self-described "lifelong Democrat" and repeat winner of the Texas Criminal Defense Lawyers Association President's Award, made it clear he supports capital punishment and "would not hesitate in either direction" of a capital punishment case.

There are currently four offenders from the Amarillo metro area on death row in Texas - two each from Randall and Potter counties, including one female. There have been nine executions in Texas in 2012.

Voters should not confuse a campaign issue related to the disputed timing of a capital punishment case with what is still the law in Texas.

Capital punishment may be the harshest form of punishment in Texas, but it is still justice - and law.