Governor Perry has announced the appointment of Jeffrey S. Boyd (pictured) to fill the Texas Supreme Court seat vacated by former Justice Dale Wainwright. The official press release is available here. Boyd currently serves as the Governor’s chief of staff and is the Governor’s former general counsel. He was a partner in the Austin office… Continue Reading
Category Archives: News & Politics
Subscribe to News & Politics RSS FeedChanges Coming to 3rd and 4th Courts of Appeals
Posted in Courts of Appeals, News & Politics, Texas Supreme CourtWith some notable exceptions, yesterday was a good day for incumbents running for re-election to the Texas appellate courts. Texas Supreme Court Justices Nathan Hecht and Don Willett retained their seats. Though not an incumbent, former district judge John Devine did not have a major-party opponent and won election easily. On the Court of Criminal… Continue Reading
Chief Justice to Deliver State of Judiciary Address
Posted in News & PoliticsTexas Supreme Court Chief Justice Wallace Jefferson (pictured) will deliver his biennial State of the Judiciary address to a combined session of the Legislature on Wednesday, February 23, 2011 at 11:30 am. You can watch the address live through this link by choosing "Chamber Stream." Expect the forthcoming budget to be one of the Chief’s… Continue Reading
Chief Justice Joe R. Greenhill, 1914-2011
Posted in Announcements, News & PoliticsThe Texas Supreme Court has announced the passing of former Chief Justice Joe R. Greenhill (pictured) at age 96. I suggest taking the time to read the Court’s advisory, which briefly traces Judge Greenhill’s remarkable legal career. Although Judge Greenhill had been off the bench many years by the time I clerked at the Supreme… Continue Reading
Rose to Take Waldrop’s Seat on 3rd Court
Posted in News & PoliticsThe Governor’s Office has announced the appointment of Judge Jeff Rose (pictured) to fill the vacancy created by former Justice Alan Waldrop’s resignation from the Third Court of Appeals. Last week, Judge Rose lost a bid to remain on Travis County’s 353rd District Court, a bench to which Governor Perry appointed him following Judge Scott… Continue Reading
2010 General Election Results
Posted in News & PoliticsFor results in the contested appellate judicial races, see this post covering the March primary. The Republican candidates won every seat. That includes Place 3 on the Thirteenth Court of Appeals, a spot incumbent Justice Linda Yañez has held since 1993. Republican Greg Perkes defeated Justice Yañez in the tightest appellate-court race of the night,… Continue Reading
Austin Chronicle Covers Kuhn-Goodwin Race
Posted in News & PoliticsToday’s Austin Chronicle reports on the race between Kurt Kuhn (D) and Melissa Goodwin (R) for an open seat on the Third Court of Appeals. For several election cycles, only a few percentage points have separated the major-party candidates in contested elections to the Third Court. Expect this race to be no different. Meanwhile, Governor… Continue Reading
Justice Waldrop Leaving Third Court of Appeals
Posted in Announcements, News & PoliticsThird Court of Appeals Justice Alan Waldrop (pictured) has tendered his resignation to the Governor, effective September 10. Austin Legal covers the story here. Governor Perry appointed Justice Waldrop to the Court in August 2005, and he was elected to a six-year term in 2006. His early departure allows the Governor to appoint a replacement… Continue Reading
Lehrmann Appointed to Fill O’Neill’s SCOTX Seat
Posted in Announcements, News & PoliticsGovernor Perry has appointed Judge Debra Lehrmann (R) (pictured left) to replace Justice Harriet O’Neill, who will vacate Place 3 on the Texas Supreme Court effective June 20. To retain the seat, Judge Lehrmann, must defeat First Court of Appeals Justice Jim Sharp (D) (also pictured) in the November general election. Meanwhile, when not campaigning,… Continue Reading
Lehrmann to Face Sharp for Open SCOTX Seat
Posted in News & PoliticsThe Associated Press is reporting that Judge Debra Lehrmann (pictured) has defeated Rick Green in the runoff to determine the Republican candidate for Place 3 on the Texas Supreme Court. Judge Lehrmann will face Democratic nominee Justice Jim Sharp to fill the seat being vacated by Justice Harriet O’Neill. Judge Lehrmann must have been fairly confident about… Continue Reading
2010 Primary Election Roundup
Posted in Appellate Practice, News & PoliticsA number of judicial races affecting civil appellate matters took shape following yesterday’s primaries. Here are the November major-party matchups. Texas Supreme Court, Place 3: Rick Green and Debra Lehrmann have emerged as the top two vote-getters in a six-way Republican primary that was not final as of this morning. If the numbers hold true… Continue Reading
Third Court’s Backlog Improving
Posted in Appellate Practice, News & PoliticsOn the heels of Chief Justice Woodie Jones’s presentation to the Austin Bar’s Civil Appellate Law Section last week, the Austin American-Statesman has published an article discussing the Third Court of Appeals’ backlog problem and how the Court is addressing it. The Chief spent some time at the beginning of his talk discussing the backlog… Continue Reading
Justice Eva Guzman Selected for Open SCOTX Seat
Posted in News & PoliticsAs 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… Continue Reading
Breaking Down the SCOTX Shakeup
Posted in News & PoliticsIt 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… Continue Reading
Justice Harriet O’Neill’s Seat Open for 2010
Posted in News & PoliticsIn 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… Continue Reading
More Recusal Motions Coming in Texas Appeals
Posted in News & Politics, Opinions & JudgmentsThis morning’s release of the U.S. Supreme Court’s 5-4 decision in Caperton v. A.T. Massey Coal Co. (No. 08-22) could open the door to more recusal motions in Texas appellate courts (and possibly trial courts). In Caperton, the Court held that due process required a West Virginia Supreme Court of Appeals justice to recuse himself… Continue Reading
Legislative Watch 2009
Posted in News & PoliticsToday marks the beginning of the 81st Texas Legislature. A number of bills that would affect litigators and appellate practitioners are expected, many of which failed to pass during the last session. I will be keeping an eye on noteworthy bills as they are introduced and will comment on them as my workload permits. With the House relatively… Continue Reading
Let the 2010 Judicial Races Begin!
Posted in News & PoliticsShortly after the election, I mentioned having heard rumblings that a sitting justice on the Third Court of Appeals may be leaving. I haven’t brought it up again because I hadn’t confirmed it directly with the judge in question, but with this story, the news has been broken. Congratulations to Kurt Kuhn on declaring his candidacy to replace Justice Jan Patterson (pictured),… Continue Reading
Chief Justice Jones to Preside Starting January 14
Posted in Announcements, News & PoliticsIncoming Third Court of Appeals Chief Justice Woodie Jones won’t take office for a few more weeks, but he is already showing up on the Court’s January oral argument calendar. After next Wednesday (when I happen to be arguing a case), the Court’s next oral submission date is January 14, 2009, with the Chief presiding over the morning… Continue Reading
Texas Appellate-Court Election Results
Posted in News & PoliticsDespite speculation that Democrats might pick up at least one spot, no Texas Supreme Court seats changed hands yesterday. Chief Justice Jefferson and Justices Wainwright and Johnson each handily defeated their opponents, so the Court will remain all-Republican a while longer. The Court of Criminal Appeals remained all-Republican as well. The big news around these parts is former Justice Woodie Jones’s (pictured)… Continue Reading
Fifth Circuit Closed After Gustav
Posted in News & PoliticsFrom his evacuation site in Montgomery, Alabama, my blogging colleague Tad Bartlett of The Bartlett Blawg reported that the Fifth Circuit will be closed following the passage of Hurricane Gustav. As he wrote this morning: The U.S. Court of Appeals for the Fifth Circuit is officially closed September 2 & 3 (oral arguments for this week have… Continue Reading
Lincoln the Lawyer
Posted in Appellate Practice, News & PoliticsI attended the Texas Supreme Court Historical Society’s annual John Hemphill Dinner last night. I believe all the justices were there, and the big ballroom at the Four Seasons here in Austin was packed as always. Professor Mark Steiner from South Texas College of Law was the keynote speaker, and he talked about his new book An Honest Calling:… Continue Reading
Ranking the States’ High Courts
Posted in News & PoliticsOn the heels of a hotly debated study declaring that California has the top state high court (see discussion here, here, and here), another paper has reached the same conclusion. At least this time the authors are from other states. Neither the Texas Supreme Court nor the Texas Court of Criminal Appeals fared particularly well. The paper… Continue Reading
Third Court to Hear FLDS Mandamus April 29
Posted in News & Politics, Original ProceedingsIt turns out that Tuesday’s post about FLDS appeals coming to Austin was timely. According to this press release and what I can gather from the Third Court of Appeals’ web site, lawyers for Texas RioGrande Legal Aid filed a mandamus petition yesterday asking the court to order District Judge Barbara Walther to hold hearings at… Continue Reading