Texas Appellate Law Blog : Texas Appellate Lawyer & Attorney : D. Todd Smith Law Firm : Appeals, Sanctions, Summary Judgment : Austin, Texas

The Austin Bar Association's Civil Appellate Law Section will meet at noon on January 21, 2010 at Green Pastures.  Chief Justice Woodie Jones (pictured) will speak on "Everything You Always Wanted to Know About the Third Court But Were Afraid to Ask."

This should be an interesting and informative talk, as the Chief just completed his first year in office.  Among other matters, he will likely report on the Court's efforts to reduce its case backlog.  Registration information is available here.

• Email This
• Print
• Comments
• Trackbacks

This post continues what has become a New Year's Day tradition here at the Texas Appellate Law Blog.  Each January 1 marks another year of the blog's existence—we're now up to three—and presents a special opportunity to reflect on the past and plan for the future.

The realities of law practice and life kept me from blogging as much as I would have liked in 2009.  Yet, blogging continues to reap rewards aside from the sheer enjoyment I get from it.

I hope 2010 brings you health, happiness, and new and exciting opportunities for success.  As I reflect on the past year and consider my goals for the next, here are some of my favorite posts from 2009:

• Marketing Your Practice in 140 Characters or Less
• Internet-Based Practice Management Solutions
• Interlocutory Appeal After Final Judgment?
• Extensions of Time in the Fifth Circuit
• More Recusal Motions Coming in Texas Appeals
• Trial Courts Must Explain Reason for Granting New Trial
  
• Passing the Appellate Advocate Torch
• Breaking Down the SCOTX Shakeup
• Twitter Top 20
• Justice Eva Guzman Selected for Open SCOTX Seat
• Appellate Rules & Deadlines? There's an App for That
• Be Careful What You Wish For

• Email This
• Print
• Comments
• Trackbacks

Regular followers of this blog know that I'm a fan of oral argument.  The challenge of synthesizing facts and law into a concise, well written brief is one thing—some say the main thing—but there's nothing quite like standing before a row of appellate judges and defending the positions you're taking on your client's behalf.

So, as always, I was pleased to receive notice that one of my cases had been set for argument in early 2010.  We completed briefing a year ago, and the client was glad to learn that the matter is finally progressing through the system.

Then something strange happened.  I received notice that argument had been scheduled in another one of my cases for the same day.  In the second matter, briefing had been completed for only a couple of weeks.

It could be worse.  The cases are in the same court, so I don't have to finish one argument, travel to another city, and appear for the other.  I'll have a little time in between.  Still, this situation begs a larger question:  Shouldn't the appellate courts have a system in place to help avoid such scheduling mishaps?

I didn't even consider trying to move one matter to a different date.  The first client had waited a year to receive news of any kind.  And, given the slow pace in which the appellate process moves, it simply wasn't in the other client's best interest to try and reschedule.  Fortunately, I found out far enough in advance that I can adequately prepare for both cases.

This is the second time in my career I've had two arguments set for the same day, and I'm not alone.  I know of a fairly recent instance in which a lawyer argued two cases to the Texas Supreme Court the same morning, and another in which a different court of appeals scheduled an advocate for three successive arguments.

As I said, it could be worse.

• Email This
• Print
• Comments
• Trackbacks

Dallas family-law specialist Jimmy Verner has provided a new incentive for Blackberry users to switch to an iPhone with VernerLegal's release of two applications directly relevant to Texas appellate lawyers:  Texas Litigation Deadlines (home screen pictured) and Texas Appellate Procedure Rules.  Both are available for purchase via iTunes.

The rules application reproduces the text of the Texas Rules of Appellate Procedure, as revised last year, plus the interpretive notes and comments. The rules are searchable by keywords or through a drill-down menu. This is a very handy app for Texas appellate lawyers who may need to access the rules on the go.

The litigation deadlines app (previously reviewed at  iPhone J.D.) goes beyond simply reproducing rules and assists the user in calculating important pre-trial and post-trial dates.  Enter the trial setting, and the app works backward to tell you when the last day falls for such actions as designating experts, propounding and answering discovery, filing business records affidavits, and amending pleadings (all assuming a Level 2 docket control plan).  Enter the date the trial court signed a judgment or order, and the app calculates the deadline by which one must request findings of fact and conclusions of law (if appropriate), when the trial court's plenary power expires, when post-trial motions are due, and so forth.  The app will e-mail a schedule of deadlines to you at the push of a button.

The post-trial features of the litigation deadlines app focus on critical events that can affect appellate jurisdiction or the appellant's ability to preserve error for review.  But the app doesn't calculate deadlines for filing briefs or pursing rehearing in in either the court of appeals or the Texas Supreme Court.  That might be more than one app should take on, as it would require adding a number of items to the home screen.  In any event, whether in this app or another one— perhaps "Texas Appellate Deadlines"—it's a capability I'd like to see.

• Email This
• Print
• Comments
• Trackbacks

As reported in the Houston Chronicle, Governor Perry has selected 14th Court of Appeals Justice Eva Guzman (pictured) to fill the seat recently vacated by former Justice Scott Brister.

Justice Guzman will be the first Latina to serve on the Court.  Because she is filling an unexpired term, she will stand for election as the incumbent in 2010.

The Governor's press release can be found here.

• Email This
• Print
• Comments
• Trackbacks

Texas Lawyer approached me once more to write about Twitter, this time to compile a "Top 20" list of interest to those who practice in the Lone Star State.  The article appeared in yesterday's issue (paid subscription required, or click here for a PDF).  The new digital edition—which is really cool, by the way—can be downloaded here.

Many tweeters not on this list deserve recognition for their useful and interesting contributions.  Unfortunately, I wasn't able to include them all.

• Email This
• Print
• Comments
• Trackbacks

The Texas Law Review is working on on a new edition of the Texas Rules of Form, more affectionately known as the "Greenbook."  The call for suggestions or comments, with the relevant contact information, is available here.

Some issues are already being discussed over at the Supreme Court of Texas Blog, including citations to court opinions outside of paid research services (Westlaw or LEXIS) and the future of Texas's subsequent-history system.

Adding to that discussion, TLR might consider creating a new subsequent-history designation for cases the Texas Supreme Court has acted on in some way, but has not yet decided.  For example, if the Court has requested full briefing, the designation might be "pet. filed, briefing requested" or something similar.  Or, after the petition has been on file some minimum period, the designation might be changed to "pet. pending."  (Hat tip to Dylan Drummond for the latter idea.)

When a matter has been on file for some time, the designation "pet. filed" doesn't provide much useful information.  These suggestions would help address that shortcoming.  But some would question the wisdom of adding more designations to a system that is already difficult to understand without considerable study and practice.

The problem I see with basing such designations on anything other than the passage of time is how to obtain the additional information when citing the case.  If research services don't pick it up, viewing the Supreme Court's online docket might be the most expedient way, and even that would be fairly tedious.

The Greenbook's subsequent history designations are confusing to many lawyers.  If you're interested in providing feedback based on your own experiences, now is the time.

• Email This
• Print
• Comments
• Trackbacks

It seems like something this newsworthy happens every time I go on vacation and unplug for a while.

In the wake of Justice Harriett O'Neill's decision not to stand for re-election in 2010, Justice Scott Brister (pictured) has announced that he will be leaving the Texas Supreme Court in a few weeks to re-join Andrews Kurth and head the firm's appellate practice.  Whereas Justice O'Neill's departure will create an open seat, Justice Brister's decision to leave before his term expires will allow the governor to appoint a replacement, who will then have the privilege of running as the incumbent in 2010.

The candidates are already lining up for both spots.  In addition to Justices Jim Moseley (Dallas) and Rick Strange (Eastland), Justice Jeff Brown (Houston), Justice Rebecca Simmons (San Antonio), Justice Rose Vela (Corpus Christi), and Judge Debra Lehrmann (Fort Worth)—all Republicans—are in the mix.

The Democrats have not been as quick to throw their hats into the ring, but Judge Bill Moody (El Paso) and Justice Jim Sharp (Houston) have been mentioned as possibilities.

Rumors are circulating that as many as two more vacancies could be announced in the coming weeks.  I'll leave debate on that topic to the political and gossip blogs, but it's worth mentioning that the supreme court may be entering a period of instability unlike what we've seen in recent years.  High turnover during the first half of this decade is frequently cited as contributing to what some perceive as a very slow-moving docket.

Update:  Tex Parte is reporting that Judge Tracy Christopher (Houston) intends to apply for a gubernatorial appointment to replace Justice Brister.

9/14/09 Update:  Justice Tom Gray has joined the mix as well.

9/29/09 Update:  Add Justice Bob Pemberton to the list of potential appointees (via Tex Parte).

• Email This
• Print
• Comments (1)
• Trackbacks

In a news release issued today, the Texas Supreme Court has announced that Justice Harriet O'Neill (pictured) will not seek re-election when her term ends at the end of 2010.  Justice O'Neill has not confirmed her post-Court plans, although rumors have swirled that she may run for Attorney General.

Two intermediate appellate justices Jim Moseley (Dallas) and Rick Strange (Eastland) have already declared their intention to run for Justice O'Neill's seat.  Both are Republicans, so it appears they will face off in the primary.

• Email This
• Print
• Comments (1)
• Trackbacks