Texas Courts of Appeals
Intermediate appellate courts of Texas
From Wikipedia, the free encyclopedia
The Texas Courts of Appeals are part of the Texas judicial system. In Texas, all cases appealed from district and county courts, criminal and civil, go to one of the fifteen intermediate courts of appeals, with one exception: death penalty cases. The latter are taken directly to the Texas Court of Criminal Appeals, the court of last resort for criminal matters in the State of Texas. The highest court for civil and juvenile matters is the Texas Supreme Court. The First through the Fourteenth Courts of Appeals have geographically-based jurisdiction. The Fifteenth Court of Appeals, established in 2023, has exclusive statewide jurisdiction for civil appeals involving state government institutions and their employees and officers; challenges to the constitutionality of a state statute; and, appeals from the Texas Business Court.[1][2]
The number of justices on the Supreme Court (SCOTX) and the Court of Criminal Appeals (CCA) is set at nine each by the Texas Constitution, while the number of justices in the intermediate courts of appeals are set by statute and vary greatly, dependent on historical case filings, so that each court can timely adjudicate the volume of cases regularly before them. The total number of intermediate appellate court seats currently stands at 83:[1][3]
- Three justices: Texarkana, El Paso, Waco, Eastland, and Tyler; as well as the Fifteenth Court of Appeals
- Four justices: Amarillo and Beaumont
- Six justices: Austin and Corpus Christi-Edinburg
- Seven justices: Fort Worth and San Antonio
- Nine justices: Houston-1st and Houston-14th
- Thirteen justices: Dallas
Appellate courts consisting of more than three justices hear and decide cases in panels of three. Those courts with more than three justices sit in rotating panels and do not consistently sit with the same justices. In some cases, the justices will hear arguments from the parties' lawyers in what is called oral argument. The lawyers present their arguments one at a time, typically for twenty minutes each, followed by a brief rebuttal from the appellant, the party complaining about the decision of the lower court. During the lawyers' presentations, the justices commonly interject with questions that the lawyers answer on the spot. On rare occasions, all the justices of a court of appeals sit together en banc to reconsider a panel decision or to assure consistency in that court's jurisprudence. En banc consideration is 'disfavored" according to appellate rule 41.2(b). The en banc process is also used to overrule prior precedent of the same court which its panels would otherwise follow. The precedents established by a court of appeals are binding on the lower courts in its own district, but not in others.[1]
The various courts of appeals occasionally but rarely hand down conflicting rulings on the same legal issue. In large part, the Texas Supreme Court (in civil cases) or Court of Criminal Appeals (in criminal cases) exist to resolve these rare conflicts and to set forth consistent legal precedent for the state's litigants. Decisions of the two courts of last resort on questions of law are binding on all state courts, and are also followed by federal courts when they hear cases governed by Texas state law.
The federal courts sitting in Texas apply state law when the case is not controlled by federal law or by the law of another jurisdiction based contractual choice of law or other basis for application of another's jurisdiction's law. Not infrequently the federal district courts sitting in Texas and the U.S. Fifth Circuit Court of Appeals make guesses as to how the Texas Supreme Court would rule on an issue of state law that is still unsettled due to a conflict among the intermediate courts of appeals.[4] Such an issue may also be referred to the Texas Supreme Court by certified question,[5] but this procedure is rarely employed.
Like the members of the Texas Supreme Court and the Court of Criminal Appeals, the Justices of the intermediate Texas Courts of Appeals are elected in partisan elections to six-year terms. Some, however, are initially appointed by the Texas Governor to fill vacancies and then run as incumbents in the next election.
In a small number of instances, (4-6% in recent years),[6][7][8][9][10] the Texas Supreme Court transfers a case from one court to another. Under Texas Rule of Appellate Procedure 41.3, the transferee court must apply controlling precedents of the court from which the case was sent, if they exist. All courts of appeals retain the discretion to recall retired justices to assist writing any backlog of opinions in the court.[11][12]
In 2023, a law was passed creating a new appellate level court with jurisdiction over appeals from the new Texas business courts and state government related litigation, the Fifteenth Court of Appeals.[13] In June 2024, the Governor began appointing judges to the Fifteenth Court of Appeals.[2] These courts will be open for cases on September 1, 2024.[14] In August 2024, the Texas Supreme Court rejected a constitutional challenge to the appellate business court's creation.[15] In addition to hearing appeals from certain defined case types brought in the new Texas trial level business courts, the Fifteenth Court of Appeals will hear appeals statewide in cases brought by or against a wide range of state government entities, against state officers and employees arising out of their official conduct, and "matters in which a party to the proceeding files a petition, motion, or other pleading challenging the constitutionality or validity of a state statute or rule, and the attorney general is a party to the case."[16]
History
From 1836, when Texas gained independence from Mexico, until 1876, the Supreme Court of Texas served as the state's only appellate court. During this period, the court had jurisdiction over both civil and criminal cases and was responsible for deciding questions of fact as well as law. This centralized structure remained in place for several decades as the state's legal system developed.[17]
Establishment and early development (1891â1925)
Courts of civil appeals in Texas were established in 1891 by constitutional amendment to help handle the increasing load of the court system. They had jurisdiction to hear appeals and mandamus petitions of any civil case from their region, with the regions decided by the Legislature. The amendment provided that three-judge courts of appeals were to be created by Legislature, and in 1892, the Legislature created 3 courts of appeals: The First Court of Civil Appeals in Galveston, the Second Court of Civil Appeals in Fort Worth, and the Third Court of Civil Appeals in Austin. In 1893, the Legislature created the Fourth Court of Civil Appeals in San Antonio out of territory taken from the first and third courts, and the Fifth Court of Appeals in Dallas. In 1907, the Legislature created the Sixth Court of Civil Appeals in Texarkana. Then in 1911, the Seventh Court of Civil Appeals in Amarillo and the Eighth Court of Civil Appeals in El Paso were created. Soon after that, the Ninth Court of Civil Appeals was created in Beaumont in 1915, the Tenth was created in Waco in 1923, and the Eleventh was created in Eastland in 1925.[17]
Relocation and mid-20th century expansion (1957â1970s)
In 1957, after Hurricane Audrey severely damaged the Galveston County Courthouse[18],the Legislature moved the First Court of Appeals to Houston (where it sits today) and required Harris County to provide facilities.[19]
It was not until the 1960s that any more courts were created. In 1963, the Legislature established the Twelfth Court of Civil Appeals in Tyler and the Thirteenth in Corpus Christi. The Fourteenth Court was established in Houston in 1967, exercising concurrent jurisdiction with the First Court.[19]
A law was passed in 1975 allowing the Thirteenth Court to "transact its business at the county seat of any of the counties within its district, as the Court shall determine it necessary and convenient..." A branch of the court was created in Edinburg, and the court today operates in both Edinburg and Corpus Christi.[20]
In 1977, the legislature increased the number of judges of various courts and authorized courts of appeals to sit in "panels" of not fewer than three judges.[19]
Jurisdictional changes (1981â1985)
Until 1981, all criminal appeals were handled exclusively by the Texas Court of Criminal Appeals, with no intermediate appellate courts.
On September 1, 1981, a significant shift in the role of the Texas' intermediate appeals courts occurred when all Courts of Civil Appeals were granted jurisdiction over criminal cases, with the exception of crimes involving capital punishment, which continued to fall under the jurisdiction of the Texas Court of Criminal Appeals.[21]
In 1985, a constitutional amendment formally changed the designation of these courts from "Courts of Civil Appeals" to simply "Courts of Appeals," reflecting their expanded jurisdiction over both civil and criminal cases.
Shifts in the courts (2019)
In January 2019, a large number of newly elected justices took office, which required panels that included incumbents who were defeated in the November 2018 elections to be reconstituted, though in practice, this reconstitution caused little disruption in court productivity. Because of similar turnover in many metropolitan trial courts, the court procedure rules required pending mandamus cases to be abated and remanded for the new trial court judge to reconsider the challenged order of his or her predecessor.
The overall effect of the November 2018 Democratic sweep of the appellate courts in Houston, Dallas, and Austin was to make the intermediate appellate judiciary more diverse in terms of party affiliation, gender, and race/ethnicity, as can be seen by comparing the demographic statistics reported by the Office of Court Administration for 2018[22] and 2019.[23]
Jurisdictions and justices
There are fourteen geographically-based appellate districts, each of which encompasses multiple counties and is presided over by a Texas Court of Appeals denominated by number:[24] The counties of Gregg, Rusk, Upshur, and Wood are in the jurisdictions of both the Sixth and Twelfth Courts, while Hunt County is in the jurisdiction of both the Fifth and Sixth Courts. The Fifteenth Court of Appeals has state-wide jurisdiction over civil appeals involving the state, appeals from the business court, and constitutional appeals.
First Court of Appeals
First Court of Appeals of Texas, Houston[25] (formerly Galveston) â covers Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, Waller, and Washington counties
| Seat | Name[26] | Born | Start | Next Election | Mandatory Retirement[a] | Party | Appointer | Law School |
|---|---|---|---|---|---|---|---|---|
| 1 | Terry Adams, Chief Justice | 1958 or 1959 (age 66â67)[28] | January 1, 2023[b] | 2028 | 2038 | Republican | N/a[c] | South Texas |
| 3 | Veronica Rivas-Molloy | â | January 1, 2021 | 2026 | â | Democratic | N/a[c] | Houston |
| 5 | Amparo Monique Guerra | 1976 or 1977 (age 48â49) | January 1, 2021 | 2026 | 2054 | Democratic | N/a[c] | Houston |
| 4 | David Gunn[29] | July 3, 1961 | September 3, 2024 | 2026 | 2038 | Republican | Greg Abbott (R) | Houston |
| 2 | Jennifer Caughey | 1981 or 1982 (age 43â44)[30] | January 1, 2025[d] | 2030 | 2058 | Republican | N/a[c] | Harvard |
| 8 | Kristin Guiney | 1974 or 1975 (age 50â51) | January 1, 2025 | 2030 | â | Republican | N/a[c] | Houston |
| 7 | Clint Morgan | 1980 or 1981 (age 44â45) | January 1, 2025 | 2030 | 2058 | Republican | N/a[c] | UT |
| 6 | Andrew Johnson | 1980 or 1981 (age 44â45) | January 1, 2025 | 2030 | 2058 | Republican | N/a[c] | St. Mary's |
| 9 | Susanna Dokupil | 1971 or 1972 (age 53â54) | January 1, 2025 | 2030 | 2048 | Republican | N/a[c] | Harvard |
Second Court of Appeals
Second Court of Appeals of Texas, Fort Worth â covers Archer, Clay, Cooke, Denton, Hood, Jack, Montague, Parker, Tarrant, Wichita, Wise, and Young counties
| Seat | Name[31] | Born | Start | Next Election | Mandatory Retirement[a] | Party | Appointer | Law School |
|---|---|---|---|---|---|---|---|---|
| 1 | Bonnie Sudderth, Chief Justice | September 2, 1959 | January 7, 2015[e] | 2030 | 2034 | Republican | Greg Abbott (R) | UT |
| 3 | Elizabeth Kerr | â | January 1, 2017 | 2028 | â | Republican | N/a[c] | UT |
| 4 | Wade Birdwell | July 8, 1959 | November 10, 2017 | 2030 | 2034 | Republican | Greg Abbott (R) | Houston |
| 5 | Dabney Bassel | October 2, 1957 | January 1, 2019 | 2030 | 2034 | Republican | N/a[c] | Baylor |
| 2 | Dana Womack | â | January 7, 2019 | 2026 | â | Republican | Greg Abbott (R) | Baylor |
| 6 | Mike Wallach | â | September 7, 2019 | 2030 | â | Republican | Greg Abbott (R) | Houston |
| 7 | Brian Walker | 1977 or 1978 (age 48â49)[32] | January 1, 2021 | 2026 | 2054 | Republican | N/a[c] | Houston |
Third Court of Appeals
Third Court of Appeals of Texas, Austin â covers Bastrop, Bell, Blanco, Burnet, Caldwell, Coke, Comal, Concho, Fayette, Hays, Irion, Lampasas, Lee, Llano, McCulloch, Milam, Mills, Runnels, San Saba, Schleicher, Sterling, Tom Green, Travis, and Williamson counties
| Seat | Name[33] | Born | Start | Next Election | Mandatory Retirement[a] | Party | Appointer | Law School |
|---|---|---|---|---|---|---|---|---|
| 1 | Darlene Byrne, Chief Justice | â | January 1, 2021 | 2026 | â | Democratic | N/a[c] | Houston |
| 6 | Gisela Triana | 1966 or 1967 (age 59â60)[34] | January 1, 2019 | 2030 | 2042 | Democratic | N/a[c] | UT |
| 3 | Chari Kelly | â | January 1, 2019 | 2030 | â | Democratic | N/a[c] | UT |
| 4 | Rosa Lopez Theofanis | June 23, 1975 | January 1, 2023 | 2028 | 2050 | Democratic | N/a[c] | UT |
| 5 | Karin Crump | â | January 1, 2025 | 2030 | â | Democratic | N/a[c] | St. Mary's |
| 2 | Maggie Ellis | 1968 or 1969 (age 57â58)[35] | January 1, 2025 | 2030 | â | Democratic | N/a[c] | Baylor |
Fourth Court of Appeals
Fourth Court of Appeals of Texas, San Antonio â covers Atascosa, Bandera, Bexar, Brooks, Dimmit, Duval, Edwards, Frio, Gillespie, Guadalupe, Jim Hogg, Jim Wells, Karnes, Kendall, Kerr, Kimble, Kinney, La Salle, Mason, Maverick, McMullen, Medina, Menard, Real, Starr, Sutton, Uvalde, Val Verde, Webb, Wilson, Zapata, and Zavala counties
| Seat | Name[36] | Born | Start | Next Election | Mandatory Retirement[a] | Party | Appointer | Law School |
|---|---|---|---|---|---|---|---|---|
| 1 | Rebeca Martinez, Chief Justice | 1966 or 1967 (age 58â59)[37] | January 1, 2019[f] | 2026 | 2042 | Democratic | N/a[c] | Boston |
| 6 | Irene Rios | 1962 or 1963 (age 62â63)[38] | January 1, 2017 | 2028 | 2038 | Democratic | N/a[c] | St. Mary's |
| 7 | Lori Valenzuela | â | January 22, 2021 | 2030 | â | Republican | Greg Abbott (R) | St. Mary's |
| 4 | Lori Massey Brissette | 1967 or 1968 (age 57â58)[39] | July 8, 2024[g] | 2030 | â | Republican | Greg Abbott (R) | South Texas |
| 5 | Adrian Spears | 1974 or 1975 (age 50â51)[40] | January 1, 2025 | 2030 | 2052 | Republican | N/a[c] | St. Mary's |
| 3 | Todd McCray | 1962 or 1963 (age 62â63)[41] | January 1, 2025 | 2030 | 2040 | Republican | N/a[c] | St. Mary's |
| 2 | Velia Meza | â | January 1, 2025 | 2030 | â | Democratic | N/a[c] | St. Mary's |
Fifth Court of Appeals
Fifth Court of Appeals of Texas, Dallas covering Collin, Dallas, Grayson, Hunt, Kaufman, and Rockwall counties
| Seat | Name[42] | Born | Start | Next Election | Mandatory Retirement[a] | Party | Appointer | Law School |
|---|---|---|---|---|---|---|---|---|
| 1 | J. J. Koch, Chief Justice | 1978 or 1979 (age 46â47)[44] | January 1, 2025 | 2030 | 2054 | Republican | N/a[c] | SMU |
| 3 | Bonnie Lee Goldstein | 1961 or 1962 (age 64â65)[45] | January 1, 2021 | 2026 | 2036 | Democratic | N/a[c] | George Washington |
| 6 | Craig Smith | 1951 or 1952 (age 73â74)[46] | January 1, 2021 | 2026 | 2026 | Democratic | N/a[c] | Texas Tech |
| 8 | Dennise Garcia | 1968 or 1969 (age 57â58)[47] | January 1, 2021 | 2026 | 2044 | Democratic | N/a[c] | SMU |
| 13 | Emily Miskel | 1980 or 1981 (age 44â45)[48] | December 26, 2022 | 2030 | 2058 | Republican | Greg Abbott (R) | Harvard |
| 4 | Maricela Moore | 1975 or 1976 (age 50â51)[49] | January 1, 2023 | 2028 | 2050 | Democratic | N/a[c] | George Washington |
| 7 | Nancy Kennedy | 1975 or 1976 (age 49â50)[50] | January 1, 2023 | 2028 | 2050 | Democratic | N/a[c] | SMU |
| 9 | Tina Clinton | 1969 or 1970 (age 55â56)[51] | January 1, 2025 | 2030 | 2046 | Democratic | N/a[c] | SMU |
| 2 | Jessica Lewis | 1980 or 1981 (age 44â45)[52] | January 1, 2025 | 2030 | 2058 | Republican | N/a[c] | SMU |
| 11 | Gino Rossini | 1969 or 1970 (age 55â56)[53] | January 1, 2025 | 2030 | 2046 | Republican | N/a[c] | UT |
| 5 | Cynthia Barbare | 1960 or 1961 (age 64â65)[54] | January 1, 2025 | 2030 | 2036 | Republican | N/a[c] | SMU |
| 10 | Earl Jackson | â | January 1, 2025 | 2030 | â | Republican | N/a[c] | A&M |
| 12 | Mike Lee | 1959 or 1960 (age 65â66)[55] | January 1, 2025 | 2030 | â | Republican | N/a[c] | UT |
Sixth Court of Appeals
Sixth Court of Appeals of Texas, Texarkana â covers Bowie, Camp, Cass, Delta, Fannin, Franklin, Gregg, Harrison, Hopkins, Hunt, Lamar, Marion, Morris, Panola, Red River, Rusk, Titus, Upshur, and Wood counties
| Seat | Name[56] | Born | Start | Next Election | Mandatory Retirement[a] | Party | Appointer | Law School |
|---|---|---|---|---|---|---|---|---|
| 1 | Scott Stevens, Chief Justice | â | January 1, 2019[h] | 2028 | â | Republican | N/a[c] | South Texas |
| 3 | Charles van Cleef | October 25, 1967 | May 4, 2022 | 2028 | 2044 | Republican | Greg Abbott (R) | South Texas |
| 2 | Jeff Rambin | September 16, 1968 | January 1, 2023 | 2030 | 2046 | Republican | Greg Abbott (R) | Baylor |
Seventh Court of Appeals
Seventh Court of Appeals of Texas, Amarillo â covers Armstrong, Bailey, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Cottle, Crosby, Dallam, Deaf Smith, Dickens, Donley, Floyd, Foard, Garza, Gray, Hale, Hall, Hansford, Hardeman, Hartley, Hemphill, Hockley, Hutchinson, Kent, King, Lamb, Lipscomb, Lubbock, Lynn, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher, Terry, Wheeler, Wilbarger, and Yoakum counties.
| Seat | Name[57] | Born | Start | Next Election | Mandatory Retirement[a] | Party | Appointer | Law School |
|---|---|---|---|---|---|---|---|---|
| 1 | Brian Quinn, Chief Justice | June 23, 1956 | January 1, 1995[i] | 2026 | 2032 | Republican | Rick Perry (R) | Texas Tech |
| 2 | Judy Parker | September 6, 1960 | August 17, 2017 | 2030 | 2036 | Republican | Greg Abbott (R) | Texas Tech |
| 4 | Larry Doss | August 22, 1968 | November 1, 2019 | 2028 | 2044 | Republican | Greg Abbott (R) | Texas Tech |
| 3 | Alex Yarbrough | â | August 24, 2022 | 2030 | â | Republican | Greg Abbott (R) | Texas Tech |
Eighth Court of Appeals
Eighth Court of Appeals of Texas, El Paso â covers Andrews, Brewster, Crane, Crockett, Culberson, El Paso, Hudspeth, Jeff Davis, Loving, Pecos, Presidio, Reagan, Reeves, Terrell, Upton, Ward, and Winkler counties
| Seat | Name[58] | Born | Start | Next Election | Mandatory Retirement[a] | Party | Appointer | Law School |
|---|---|---|---|---|---|---|---|---|
| 1 | Maria Salas-Mendoza, Chief Justice | â | January 1, 2025 | 2030 | â | Democratic | N/a[c] | UCLA |
| 3 | Gina Palafox | â | January 1, 2017 | 2030 | â | Democratic | N/a[c] | Pepperdine |
| 2 | Lisa Soto | 1971 or 1972 (age 53â54)[59] | January 1, 2023 | 2030 | 2046 | Democratic | N/a[c] | UT |
Ninth Court of Appeals
Ninth Court of Appeals of Texas, Beaumont â covers Hardin, Jasper, Jefferson, Liberty, Montgomery, Newton, Orange, Polk, San Jacinto, and Tyler counties
| Seat | Name[60] | Born | Start | Next Election | Mandatory Retirement[a] | Party | Appointer | Law School |
|---|---|---|---|---|---|---|---|---|
| 1 | Scott Golemon, Chief Justice | 1959 (age 66â67) | January 1, 1995[j] | 2026 | 2036 | Republican | Rick Perry (R) | Houston |
| 3 | Leanne Johnson | October 18, 1961 | November 12, 2013 | 2030 | 2036 | Republican | Rick Perry (R) | UA |
| 2 | Jay Wright | April 9, 1959 | January 1, 2023 | 2028 | 2034 | Republican | N/a[c] | Houston |
| 4 | Kent Chambers | â | July 1, 2024 | 2030 | â | Republican | Greg Abbott (R) | Baylor |
Tenth Court of Appeals
Tenth Court of Appeals of Texas, Waco â Bosque, Brazos, Burleson, Coryell, Ellis, Falls, Freestone, Hamilton, Hill, Johnson, Leon, Limestone, Madison, McLennan, Navarro, Robertson, Somervell, and Walker counties
| Seat | Name[61] | Born | Start | Next Election | Mandatory Retirement[a] | Party | Appointer | Law School |
|---|---|---|---|---|---|---|---|---|
| 1 | Matt Johnson, Chief Justice | 1962 or 1963 (age 62â63)[62] | January 1, 2021[k] | 2030 | 2038 | Republican | N/a[c] | OCU |
| 3 | Steve Smith | 1951 or 1952 (age 73â74)[63] | September 1, 2021 | 2026 | 2026 | Republican | Greg Abbott (R) | UT |
| 2 | Lee Harris | 1967 or 1968 (age 58â59)[64] | January 6, 2025 | 2026 | â | Republican | Greg Abbott (R) | Baylor |
Eleventh Court of Appeals
Eleventh Court of Appeals of Texas, Eastland â Baylor, Borden, Brown, Callahan, Coleman, Comanche, Dawson, Eastland, Ector, Erath, Fisher, Gaines, Glasscock, Haskell, Howard, Jones, Knox, Martin, Midland, Mitchell, Nolan, Palo Pinto, Scurry, Shackelford, Stephens, Stonewall, Taylor, and Throckmorton counties
| Seat | Name[65] | Born | Start | Next Election | Mandatory Retirement[a] | Party | Appointer | Law School |
|---|---|---|---|---|---|---|---|---|
| 1 | John Bailey, Chief Justice | â | October 31, 2013[l] | 2030 | â | Republican | Greg Abbott (R) | Texas Tech |
| 3 | Stacy Trotter | January 1, 1959 | December 3, 2020 | 2028 | 2034 | Republican | N/a[c] | Texas Tech |
| 2 | Bruce Williams | January 15, 1955 | January 1, 2021 | 2026 | 2030 | Republican | N/a[c] | Texas Tech |
Twelfth Court of Appeals
Twelfth Court of Appeals of Texas, Tyler â Anderson, Angelina, Cherokee, Gregg, Henderson, Houston, Nacogdoches, Rains, Rusk, Sabine, San Augustine, Shelby, Smith, Trinity, Upshur, Van Zandt, and Wood counties
| Seat | Name[66] | Born | Start | Next Election | Mandatory Retirement[a] | Party | Appointer | Law School |
|---|---|---|---|---|---|---|---|---|
| 1 | James Worthen, Chief Justice | May 21, 1954 | January 1, 1999[m] | 2026 | 2030 | Republican | N/a[c] | South Texas |
| 2 | Brian Hoyle | March 14, 1970 | August 28, 2006 | 2028 | 2046 | Republican | Rick Perry (R) | Baylor |
| 3 | Michael Davis | â | November 1, 2025 | 2026 | â | Republican | Greg Abbott (R) | Texas Tech |
Thirteenth Court of Appeals
Thirteenth Court of Appeals of Texas, Corpus Christi and Edinburg â Aransas, Bee, Calhoun, Cameron, De Witt, Goliad, Gonzales, Hidalgo, Jackson, Kenedy, Kleberg, Lavaca, Live Oak, Matagorda, Nueces, Refugio, San Patricio, Victoria, Wharton, and Willacy counties
| Seat | Name[67] | Born | Start | Next Election | Mandatory Retirement[a] | Party | Appointer | Law School |
|---|---|---|---|---|---|---|---|---|
| 1 | Jaime Tijerina, Chief Justice | September 12, 1963[68] | July 24, 2019[n] | 2030 | 2040 | Republican | Greg Abbott (R) | Texas Southern |
| 6 | Clarissa Silva | April 15, 1982 | January 1, 2021 | 2026 | 2060 | Republican | N/a[c] | Texas Southern |
| 3 | Aaron Peña | June 8, 1959 | January 1, 2023 | 2028 | 2034 | Republican | N/a[c] | Texas Southern |
| 5 | Jon West | â | January 1, 2025 | 2030 | â | Republican | N/a[c] | St. Mary's |
| 2 | Jenny Cron | â | January 1, 2025 | 2030 | â | Republican | N/a[c] | Texas Tech |
| 4 | Ysmael Fonseca | â | January 1, 2025 | 2030 | â | Republican | N/a[c] | Notre Dame |
Fourteenth Court of Appeals
Fourteenth Court of Appeals of Texas, Houston â Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, Waller, and Washington counties
| Seat | Name[69] | Born | Start | Next Election | Mandatory Retirement[a] | Party | Appointer | Law School |
|---|---|---|---|---|---|---|---|---|
| 1 | Tracy Christopher, Chief Justice | July 17, 1956 | December 2, 2009[o] | 2026 | 2032 | Republican | Rick Perry (R) | UT |
| 7 | Ken Wise | 1967 or 1968 (age 57â58)[70] | October 11, 2013 | 2026 | 2044 | Republican | Rick Perry (R) | Houston |
| 2 | Kevin Jewell | 1967 or 1968 (age 57â58) | January 1, 2017 | 2028 | 2044 | Republican | N/a[c] | Houston |
| 9 | Randy Wilson | 1951 or 1952 (age 73â74) | January 1, 2021 | 2028 | 2028 | Republican | Greg Abbott (R) | Houston |
| 8 | Brad Hart | 1970 or 1971 (age 54â55)[71] | January 1, 2025 | 2030 | 2046 | Republican | N/a[c] | South Texas |
| 4 | Tonya McLaughlin | 1979 or 1980 (age 45â46)[72] | January 1, 2025 | 2030 | â | Republican | N/a[c] | South Texas |
| 3 | Chad Bridges | 1968 or 1969 (age 56â57) | January 1, 2025 | 2030 | 2046 | Republican | N/a[c] | Houston |
| 6 | Katy Boatman | 1981 or 1982 (age 43â44) | January 1, 2025 | 2030 | 2058 | Republican | N/a[c] | Baylor |
| 5 | Maritza Antu | â | January 1, 2025 | 2030 | â | Republican | N/a[c] | Houston |
Fifteenth Court of Appeals
Fifteenth Court of Appeals of Texas â statewide jurisdiction over civil appeals to which the state is a party, appeals from the Texas Business Court, and constitutional challenges to Texas statutes
| Seat | Name[73] | Born | Start | Next Election | Mandatory Retirement[a] | Party | Appointer | Law School |
|---|---|---|---|---|---|---|---|---|
| 1 | Scott Brister, Chief Justice | January 8, 1955 | September 1, 2024 | 2026 | 2030 | Republican | Greg Abbott (R) | Harvard |
| 2 | Scott Field | â | September 1, 2024 | 2026 | â | Republican | Greg Abbott (R) | UT |
| 3 | April Farris | â | September 1, 2024 | 2026 | â | Republican | Greg Abbott (R) | Harvard |
Opinion output and public access to opinions and orders
Collectively the Texas Courts of Appeals issue close to 10,000 opinions a year (9,909 in FY 2018) which are almost equally divided between civil and criminal cases.[74] The number is high because appeals to these courts are "of right" and each case must be decided with an opinion, even if the disposition is in the form of a voluntary dismissal or an involuntary dismissal for noncompliance with briefing rules or a fatal jurisdictional defect.
Although the COA follow different conventions in the formatting of their opinions, all are issued in standard PDF and are posted on the COA's respective websites, where they can be looked up through the online docket sheet created for each case. The courts' Case Search portal allows searches by appellate case number, but also by party name and attorney name or bar number, and by other case attributes. Most COAs also make other documents filed in a case available online, including briefs, letters, and notices. The issued opinions can also be found on Google Scholar (CaseLaw) and on other repositories of appellate opinions. Google Scholar additionally includes procedural orders in its database, which are linked to the pages featuring the opinions by the hot-linked appellate case number. Whereas the courts issue majority and dissenting/concurring opinions as separate PDF documents, Google Scholar combines them into one page and displays onscreen in a larger font and more user-friendly format, in addition to providing much better search functionality and hotlinks to cited cases if they are available from its database.
Dissents and concurrences
Only about 1% of the issued COA opinions are dissents. Concurrences (separate opinions in which a justice agrees with the disposition, but not with the reasons for it, or only in part) accounted for 1% in 2018, up from 0.5% the previous year.[75] The proportion of dissents and concurrences was only slightly higher in 2019, 1.9% for concurrences (including opinions concurring and dissenting) and 2% for dissents.[76] Similar numbers followed in 2020.
Party affiliation and mixed composition are not the only sources of disagreement that manifest themselves in dissents. Kem Thompson Frost, the Chief Justice of the Fourteenth Court of Appeals, is known as an independent thinker and prolific dissenter. She wrote a total of 21 concurring or dissenting opinions in FY 2018 while her counterpart in the First Court of Appeals, Chief Justice Sherry Radack, wrote none.[77] Both presided over all-Republican courts, although one member on the First Court who had been elected as a Republican, Justice Terry Jennings,[78] switched to the Democrats and also wrote large number of separate opinions (19).
Statewide, there were 175 dissents and concurrences in Fiscal Year 2018, out of a total of 6,540 merits opinions. The total tally was 9,909, which includes per curiam opinions. As seen by the data for the Houston Courts of Appeals, individual justices can have a big impact on their respective court's comparative ranking, and on the statewide total.
By definition, a dissent in the Court of Appeals does not decide the case. Dissents (and concurrences) are nevertheless important because they typically highlight unsettled areas of the law or splits among the Courts of Appeals, and increase the chance that Texas Supreme Court will exercise discretionary review if a petition is filed in a case that drew a dissent in the Court of Appeals.
Notes
- 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 31st of the 4th year of their term. If justices reach the age of 75 during the 5th or 6th year of their term, they will be able to serve out the remainder of their term.[27]
- Previously appointed by Governor Greg Abbott (R) as Associate Justice (Place 5) from July 23, 2020âDecember 31, 2020.
- Took office after being elected in a partisan election.
- Previously appointed by Governor Greg Abbott (R) as Associate Justice (Place 9) from September 13, 2017 to December 31, 2018.
- Originally appointed by Governor Rick Perry (R) as Associate Justice (Place 4). Subsequently elevated by Governor Greg Abbott (R) as Chief Justice on October 5, 2017.
- Originally took office as Associate Justice (Place 7) after being elected in a partisan election. Subsequently elected as Chief Justice in 2020, and took office on January 1, 2021.
- Originally appointed as Associate Justice (Place 3) by Governor Greg Abbott (R). Subsequently elected as Associate Justice (Place 4) in 2024 and took office on January 1, 2025.
- Originally elected as Associate Justice (Place 2). Subsequently elected as Chief Justice in 2022 and took office on January 1, 2023.
- Originally elected as Associate Justice in 1994. Subsequently appointed as Chief Justice by Governor Rick Perry (R) and took office in May 2005.
- Originally elected as Associate Justice in 1994. Subsequently appointed as Chief Justice by Governor Rick Perry (R) and took office in May 2005.
- Originally elected as Associate Justice (Place 2). Subsequently elected as Chief Justice in 2024 and took office on January 1, 2025.
- Originally appointed as Associate Justice by Governor Rick Perry (R). Subsequently appointed by Governor Greg Abbott (R) and took office as Chief Justice on September 17, 2018.
- Originally elected as Associate Justice in 1998. Subsequently elected as Chief Justice in 2002, and took office on January 1, 2003.
- Originally appointed as Associate Justice (Place 4) by Governor Greg Abbott (R). Subsequently elected as Chief Justice in 2024 and took office on January 1, 2025.
- Originally appointed as Associate Justice (Place 9) by Governor Rick Perry (R). Subsequently elected Chief Justice in 2020 and took office January 1, 2021.