Oral Arguments on Rise in Third Court?
At today's Austin Bar Appellate Section Luncheon, Justices David Puryear, Alan Waldrop, and Diane Henson (the Court's newest member) gave a panel presentation about the goings-on at the Third Court of Appeals. Justices Waldrop and Henson both chimed in about the relative dearth of oral arguments, as previously discussed here. Justice Waldrop indicated that he believes the number of arguments will be rising, but will remain limited becauseof the Court's workload. Justice Henson, a self-proclaimed advocate of oral argument, stated that she intends to do what she can to facilitate it in appropriate cases.
Justice Waldrop offered a helpful tip to those desiring oral argument in the Third Court. Don't simply request it on the cover of your brief. Go beyond what the rules require and include a separate statement inside the front cover explaining why the Court should hear oral argument in your case.
Justice Henson's position on this is probably influenced by the fact that she was herself an excellent oral advocate. Having had the privilege of working with her during the fiveish years before her election, I can say that sitting next to her during an argument at the Third Court was exciting and a privilege.