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Supreme Court of Texas

Coordinates: 30°16′33″N 97°44′28″W / 30.27583°N 97.74111°W / 30.27583; -97.74111
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Supreme Court of Texas
Seal of the Supreme Court
Map
30°16′33″N 97°44′28″W / 30.27583°N 97.74111°W / 30.27583; -97.74111
EstablishedFebruary 19, 1846[1]
JurisdictionTexas, United States
LocationAustin, Texas
Coordinates30°16′33″N 97°44′28″W / 30.27583°N 97.74111°W / 30.27583; -97.74111
Composition methodPartisan Election
Authorized byConstitution of Texas
Appeals toSupreme Court of the United States
Judge term length6 years; renewable
Number of positions9
WebsiteOfficial website
Chief Justice
CurrentlyJimmy Blacklock
SinceJanuary 7, 2025

The Supreme Court of Texas is the court of last resort for civil matters (including juvenile delinquency cases, which are categorized as civil under the Texas Family Code) in the U.S. state of Texas. A different court, the Texas Court of Criminal Appeals, is the court of last resort in criminal matters.

The Court has its seat at the Supreme Court Building on the State Capitol grounds in Austin, Texas.[2]

The Texas Supreme Court consists of a Chief Justice and eight justices. All nine positions are elected, with a term of office of six years and no term limit.

The Texas Supreme Court was established in 1846 to replace the Supreme Court of the Republic of Texas. It meets in downtown Austin, Texas in an office building near the Texas State Capitol.

Regulation of the practice of law in Texas courts

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By statute, the Texas Supreme Court has administrative control over the State Bar of Texas, an agency of the judiciary.[3] The Texas Supreme Court has the sole authority to license attorneys in Texas.[4] It also appoints the members of the Board of Law Examiners[5] which, under instructions of the Supreme Court, administers the Texas bar exam.[6] The Court has the last word in attorney disciplinary proceedings brought by the Commission for Lawyer Discipline, a committee of the State Bar of Texas, but rarely exercises discretionary review in such cases. The Supreme Court accepts fewer than 100 cases per year to be decided on the merits. In addition to its adjudicatory and administrative functions, the Supreme Court promulgates, and occasionally revises, court rules of procedure, which include the Texas Rules of Civil Procedure (TRCP), the Texas Rules of Evidence (TRE), and the Texas Rules of Appellate Procedure (TRAP).[1]

Unique procedural aspects

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The Texas Supreme Court is the only state supreme court in the United States in which the manner in which it denies discretionary review can actually imply approval or disapproval of the merits of the lower court's decision and in turn may affect the geographic extent of the precedential effect of that decision. In March 1927, the Texas Legislature enacted a law directing the Texas Supreme Court to summarily refuse to hear applications for writs of error when it believed the Court of Appeals opinion correctly stated the law.[7] Thus, since June 1927, over 4,100 decisions of the Texas Courts of Appeals have become valid binding precedent of the Texas Supreme Court itself because the high court refused applications for writ of error rather than denying them and thereby signaled that it approved of their holdings as the law of the state.[7]

While Texas's unique practice saved the state supreme court from having to hear relatively minor cases just to create uniform statewide precedents on those issues, it also makes for lengthy citations to the opinions of the Courts of Appeals, since the subsequent writ history of the case must always be noted (e.g., no writ, writ refused, writ denied, etc.) in order for the reader to determine at a glance whether the cited opinion is binding precedent only in the district of the Court of Appeals in which it was decided, or binding precedent for the entire state.[7] Citations to cases from the Houston-based Courts of Appeals are also longer than others because they require identification of the appellate district number -- [1st Dist.] or [14th Dist.] -- in addition to the name of the city.

Structure of the court and membership

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The Texas Supreme Court consists of a Chief Justice and eight justices. All positions are elective. While the chief has special administrative responsibilities, each member has one vote and may issue a dissenting or concurring opinion. Granted cases are assigned to justices' chambers for opinion authorship by draw. Grants require four votes. Judgments are rendered by majority vote. Per curiam opinions may be issued if at least six justices agree. Petitions for review are automatically denied after 30 days unless at least one justice pulls them off the metaphorical conveyor belt.

To serve on the court, a candidate must be at least 35 years of age, a citizen of Texas, licensed to practice law in Texas, and must have practiced law (or have been a lawyer and a judge of a court of record together) for at least ten years.[8] The Clerk of the Court, currently Blake A. Hawthorne, is appointed by the justices and serves a four-year term, which is renewable.[9]

All members of the Texas Supreme Court typically belong to the same party because all are elected in statewide races, rather than by the electorates of smaller appellate districts, as the justices on the intermediate appellate courts are. Although there are fourteen such courts, the state is geographically divided into thirteen. Two appellate courts (the 1st and the 14th, sitting in Houston) serve coextensive districts covering ten counties, including Harris County. Recent proposals to reorganize the Texas appellate court system by consolidating districts, and creating a specialty court of appeals for government-entity cases, failed in the Texas legislature's 2021 regular session.[10][11]

Judicial selection: appointments and elections

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Texas Supreme Court Building

All members of the court are elected to six-year terms in statewide partisan elections. Because their terms are staggered, only some of the justices are up for re-election in any one election cycle. When a vacancy arises, the Governor of Texas appoints a replacement, subject to Senate confirmation, to serve out the unexpired term until December 31 after the next general election. The initial term of tenure is therefore often less than six years. Most of the current justices were originally appointed either by former Governor Rick Perry or by the current Governor of Texas, Greg Abbott, who is himself a former member of the court.

Like the judges on the Texas Court of Criminal Appeals, all members of the Texas Supreme Court are currently Republicans.

The most recent appointees are James P. Sullivan, Evan Young, Rebeca Huddle, Jane Bland, Jimmy Blacklock, and Brett Busby.

Prior public service of incumbents

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Brett Busby and Jane Bland are former Court of Appeals justices from Houston, whose re-election bids failed in November 2018 when Democrats won all of the judicial races in that election. Blacklock previously served Governor Greg Abbott as general counsel. Huddle was a justice on the First Court of Appeals in Houston.[12]

Blacklock replaced Don Willett, who now sits on the Fifth Circuit Court of Appeals, the federal appellate court that hears appeals from federal district courts in Texas. Busby succeeds Phil Johnson, who retired in 2018, and was sworn in on  March 20, 2019.[13] Jane Bland was appointed in September 2019 to fill the vacancy left by Jeff Brown, who resigned from the court to accept appointment to a U.S. district court bench.[14] Rebeca Huddle was appointed in October 2020 to replace Paul Green, who retired from the Court on August 31, 2020.[12][15][16] Eva Guzman, the second-most senior member of the Court at the time, resigned on June 11, 2021. She is currently challenging Attorney General Ken Paxton in the GOP primary for that office.[17] The vacancy created by Guzman's resignation was filled by Evan Young's appointment on November 10, 2021.

Position designations and seniority

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The position of Chief Justice is designated Place 1 and is held by Jimmy Blacklock. The other eight position numbers have no special significance except for identification purposes on the ballot. Informally, justices are ranked by seniority, and their profiles appear on the Court's website in that order.[18] Unlike their counterparts on the U.S. Supreme Court, the official title of incumbents holding Place 2 through Place 9 is justice, rather than associate justice.[19] Their counterparts on the Court of Criminal Appeals, however, use the title Judge.

Women on the court

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Hortense Sparks Ward, who became the first woman to pass the Texas Bar Exam in 1910, was appointed Special Chief Justice of an all-female Texas Supreme Court 15 years later. All of the court's male justices recused themselves from Johnson v. Darr, a 1924 case involving the Woodmen of the World, and, since nearly every member of the Texas Bar was a member of that fraternal organization, paying personal insurance premiums that varied with the claims decided against it, no male judges or attorneys could be found to hear the case.[20] After ten months of searching for suitable male replacements to decide the case, Governor Pat Neff decided on January 1, 1925, to appoint a special court composed of three women. This court, consisting of Ward, Hattie Leah Henenberg, and Ruth Virginia Brazzil, met for five months and ultimately ruled in favor of Woodmen of the World.[21]

On July 25, 1982, Ruby Kless Sondock became the court's first regular female justice, when she was appointed to replace Justice James G. Denton who had died of a heart attack. Sondock served the remainder of Denton's term, which ended on December 31, 1982, but did not seek election to the Supreme Court in her own right.[22] Rose Spector became the first woman elected to the court in 1992 and served until 1998 when she was defeated by Harriet O'Neill.[23]

Following the recent departure of Eva Guzman, the Texas Supreme Court currently has three women members.[18] One of them served as a family court judge in Fort Worth (Lehrmann), the second (Bland) was a district judge in the civil trial division of the Harris County district courts before she was appointed to the intermediate court of appeals, and the third (Huddle) previously served on an intermediate court of appeals in Houston.[12] As of September 2019, women jurists filled almost half of the 80 intermediate appellate positions.[24] Some of the fourteen intermediate courts of appeals have female majorities. The Fourth Court of Appeals, based in San Antonio, is composed entirely of women.[25]

Justice Eva Guzman resigned from Place 9 effective Friday, June 11, 2021 at 3 PM after delivering a final dissenting opinion in the morning.[26][27]

Current justices

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Place Justice[28] Born Joined Term ends Mandatory retirement[a] Party affiliation Appointed by Law school
1 Jimmy Blacklock, Chief Justice (1980-08-28) August 28, 1980 (age 44) January 2, 2018[b] 2026 2055 Republican Greg Abbott (R) Yale
3 Debra Lehrmann (1956-11-16) November 16, 1956 (age 68) June 21, 2010 2028 2032 Republican Rick Perry (R) Texas
7 Jeffrey S. Boyd (1961-12-02) December 2, 1961 (age 63) December 3, 2012 2026 2036 Republican Rick Perry (R) Pepperdine
4 John P. Devine (1958-10-03) October 3, 1958 (age 66) January 1, 2013 2030 2034 Republican —[c] South Texas
8 J. Brett Busby (1973-04-12) April 12, 1973 (age 51) February 21, 2019 2026 2048 Republican Greg Abbott (R) Columbia
6 Jane Bland (1965-06-01) June 1, 1965 (age 59) September 4, 2019 2030 2040 Republican Greg Abbott (R) Texas
5 Rebeca Huddle (1973-07-07) July 7, 1973 (age 51) October 30, 2020 2028 2048 Republican Greg Abbott (R) Texas
9 Evan Young (1976-09-14) September 14, 1976 (age 48) November 10, 2021 2028 2052 Republican Greg Abbott (R) Yale
2 James P. Sullivan (1981-05-04) May 4, 1981 (age 43) January 7, 2025 2026 2056 Republican Greg Abbott (R) Harvard
  1. ^ Under Article 5 of the Texas Constitution, justices who reach the age of 75 during the first four years of their 6-year term, must retire by December 31 of the fourth year of their term. If justices reach the age of 75 during the fifth or sixth year of their term, they will be able to serve out the remainder of their term.[29]
  2. ^ Took office as Chief Justice on January 7, 2025.
  3. ^ Took office after being elected in a partisan election.

History of membership of the court

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Main article: List of justices of the Texas Supreme Court

Succession of seats

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Supreme Court committees

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Judicial Committee on Information Technology (JCIT)

Created in 1997 JCIT was established to set standards and guidelines for the systematic implementation and integration of information technology into the trial and appellate courts in Texas.

JCIT approaches this mission by providing a forum for state-local, inter-branch, and public-private collaboration, and development of policy recommendations for the Supreme Court of Texas. Court technology, and the information it carries, are sprawling topics, and Texas is a diverse state with decentralized funding and decision-making for trial court technology. JCIT provides a forum for discussion of court technology and information projects. With this forum, JCIT reaches out to external partners such as the Conference of Urban Counties, the County Information Resource Agency, Texas.gov, and TIJIS (Texas Integrated Justice Information Systems), and advises or is consulted by the Office of Court Administration on a variety of projects.

Three themes consistently recur in the JCIT conversation: expansion and governance of electronic filing; the evolution and proliferation of court case management systems; and the evolution and governance of technology standards for reporting and sharing information across systems in civil, family, juvenile, and criminal justice.

The Founding Chair of JCIT from 1997 to 2009 was Peter S. Vogel, a partner at Gardere Wynne Sewell LLP in Dallas, and since 2009 the JCIT Chair has been Justice Rebecca Simmons.

References

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  1. ^ "Texas Supreme Court Advisory". Archived from the original on January 25, 2010. Retrieved January 13, 2010.
  2. ^ "Supreme Court Building on Map of Texas Capitol Complex" (PDF). Texas Judiciary Website. Archived (PDF) from the original on March 5, 2020. Retrieved November 18, 2019.
  3. ^ Tex. Gov't Code section 81.011.
  4. ^ Tex. Gov't Code sections 81.061 and 82.021
  5. ^ Tex. Gov't Code section 82.001
  6. ^ Tex. Gov't Code section 82.004.
  7. ^ a b c Steiner, Mark E. (February 1999). "Not Fade Away: The Continuing Relevance of 'Writ Refused' Opinions". The Appellate Advocate. 12: 3–6. Available via HeinOnline.
  8. ^ Tex. Const., Art. 5, Sec. 2.
  9. ^ "TJB | SC | About the Court | Clerk's Office". www.txcourts.gov. Archived from the original on December 23, 2019. Retrieved October 30, 2020.
  10. ^ Oxner, Reese (April 14, 2021). "The Texas Senate has approved a new statewide appeals court. Critics contend it's another attempt to limit Democrats' power". The Texas Tribune. Retrieved June 15, 2021.
  11. ^ Perez, Elida S. (April 9, 2021). "Senator scraps controversial bill to reduce Texas appellate courts". El Paso Matters. Retrieved June 15, 2021.
  12. ^ a b c "Governor Abbott Appoints Rebeca Huddle To The Texas Supreme Court". gov.texas.gov. Archived from the original on October 16, 2020. Retrieved October 30, 2020.
  13. ^ Platoff, Emma (March 20, 2019). "Texas Senate confirms Brett Busby for Supreme Court post". The Texas Tribune. Archived from the original on April 13, 2019. Retrieved April 13, 2019.
  14. ^ Platoff, Emma (August 26, 2019). "Gov. Greg Abbott selects former appeals court judge Jane Bland for Texas Supreme Court". The Texas Tribune. Archived from the original on October 11, 2019. Retrieved October 10, 2019.
  15. ^ Oxner, Reese (July 22, 2020). "Timing of Supreme Court justice's retirement allows Gov. Greg. Abbott, not voters, to pick his two-year replacement". The Texas Tribune. Archived from the original on October 22, 2020. Retrieved October 30, 2020.
  16. ^ Platoff, Emma (October 15, 2020). "Gov. Greg Abbott picks Rebeca Huddle for Texas Supreme Court vacancy". The Texas Tribune. Archived from the original on October 26, 2020. Retrieved October 30, 2020.
  17. ^ Svitek, Patrick (June 14, 2021). "Eva Guzman, former Texas Supreme Court justice, joins GOP primary challenge against Texas Attorney General Ken Paxton". The Texas Tribune. Retrieved June 15, 2021.
  18. ^ a b "TJB | SC | About the Court | Justices". www.txcourts.gov. Archived from the original on December 23, 2019. Retrieved December 23, 2019.
  19. ^ "Texas Constitution" (PDF).
  20. ^ Mauldin Cottrell, Debbie (June 9, 2010). "All-Woman Supreme Court". www.tshaonline.org. Archived from the original on January 3, 2018. Retrieved May 4, 2018.
  21. ^ "Hortense Sparks Ward (1875–1944)". Justices of Texas 1836–1986. Tarlton Law Library, The University of Texas at Austin. October 16, 2009. Archived from the original on July 7, 2013. Retrieved July 16, 2013.
  22. ^ "Ruby Kless Sondock (born 1926)". Justices of Texas 1836–1986. Tarlton Law Library, The University of Texas at Austin. October 16, 2009. Archived from the original on July 7, 2013. Retrieved July 16, 2013.
  23. ^ Cruse, Don (January 8, 2008). "An Unusual History of Women Serving on the Texas Supreme Court". The Supreme Court of Texas Blog. Archived from the original on March 16, 2012. Retrieved July 16, 2013.
  24. ^ "Profile of Appellate and Trial Judges" (PDF). Texas Office of Court Administration. September 1, 2019. Archived (PDF) from the original on March 6, 2020. Retrieved November 18, 2019.
  25. ^ "About the Court: Justices". Fourth Court of Appeals. Retrieved June 15, 2021.
  26. ^ Pollock, Cassandra (June 7, 2021). "Texas Supreme Court Justice Eva Guzman resigns". The Texas Tribune. Retrieved June 8, 2021.
  27. ^ "Orders pronounced June 11, 2021". Supreme Court of Texas. Retrieved June 15, 2021.
  28. ^ "Supreme Court Justices". Texas Judicial Branch.
  29. ^ Cardona, Megan (November 10, 2023). "Texas Chief Justice Nathan Hecht, others set to step down early after Prop 13's rejection". KERA News.

Further reading

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  • Haley, James L. The Texas Supreme Court: A Narrative History, 1836–1986 (Austin: University of Texas Press, 2013). xxviii, 322 pp.
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Texas Supreme Court History: Links to Resources[1]

  1. ^ "TJB - SC - About the Court - Court History". www.txcourts.gov. Archived from the original on April 3, 2018. Retrieved May 4, 2018.
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