I don’t talk politics here, but it’s hard to ignore what happened to the intermediate Texas appellate courts last night. Statewide, dozens of incumbent justices—many of whom are great at their jobs and deserved to keep them—were swept out of office, some by challengers who are either completely unknown or who have little to no experience representing clients before appellate courts.
The new justices will have to learn fast. “New judges school” and those left behind will have their hands full educating them on the finer points of their new jobs. I think we can expect delays in almost every aspect of the courts’ work and, unfortunately, panels to be divided along party lines. The Texas Supreme Court—which remains all-Republican and will not change composition come January 1—will feel the effects too.
In this new reality, I think the role of experienced appellate practitioners will be more significant than ever. We are most effective when we assist courts in understanding the case, the law, and how to reach a reasoned outcome faithful to both. Though change is hard, I plan to continue doing just that.
Image courtesy of Flickr by Piano Piano!
Justice Bob Pemberton has departed the Third Court of Appeals before his term was set to expire on December 31, 2018. Governor Abbott wasted no time 
This is the fifth and final installment of my series on mobile lawyering for appellate practitioners. To easily access the entire series, click 
This is the fourth installment in my series on practicing appellate law from the road. The others are available 
This is the third installment in my series on practicing appellate law from the road. To see the others, click 
This is the second post in my series on practicing appellate law from the road. The introductory post is available 
Think about what Texas appellate practice was like a decade ago. Courts required paper filings, and filing fees were paid by check. Appellate records existed only in paper form. Briefs had to be completed in time for the right number of copies to be made and either hand-delivered or dropped in the mail to ensure timely filing and service. Making an after-hours post-office run to ensure the “mailbox rule” was satisfied was not unusual. Accomplishing work while traveling generally meant lugging around paper files and a laptop and relying on a slow and unreliable internet connection.
The Appellate Sections of the Austin Bar Association and the State Bar of Texas are once again co-sponsoring “An Evening with the Supreme Court of Texas.” This event—which has been held biennially since 2008—will take place on Thursday, March 1, 2018, from 6:00 to 8:00 p.m. at the InterContinental Stephen F. Austin Hotel here in Austin. One hour of CLE credit has been requested.
In this inaugural post for 2018, I’d like to announce a significant change in my firm. As of January 1, 2018, Smith Law Group has become Smith Haley Nobles.
