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Supreme Court of Texas

Coordinates:30°16′33″N97°44′28″W / 30.27583°N 97.74111°W /30.27583; -97.74111
From Wikipedia, the free encyclopedia
Highest court in the U.S. state of Texas for civil appeals

Supreme Court of Texas
Seal of the Supreme Court
Texas Supreme Court Building
Map
Interactive map of Supreme Court of Texas
30°16′33″N97°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″N97°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

TheSupreme Court of Texas (SCOTX[2]) is thecourt of last resort for civil matters (includingjuvenile delinquency cases, which are categorized as civil under the Texas Family Code) in theU.S. state ofTexas. A different court, theTexas Court of Criminal Appeals, is the court of last resort in criminal matters.

The Court has its seat at the Supreme Court Building on theState Capitol grounds in Austin, Texas.[3]

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 theSupreme Court of the Republic of Texas. It meets indowntownAustin, Texas, in an office building near theTexas State Capitol.

Regulation of the practice of law in Texas courts

[edit]

By statute, the Texas Supreme Court has administrative control over theState Bar of Texas, an agency of the judiciary.[4] The Texas Supreme Court has the sole authority to license attorneys in Texas.[5] It also appoints the members of the Board of Law Examiners[6] which, under instructions of the Supreme Court, administers the Texasbar exam.[7] The Court has the last word in attorney disciplinary proceedings brought by the Commission for Lawyer Discipline, a committee of theState 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 onlystate supreme court in the United States in which the manner in which it deniesdiscretionary 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 summarilyrefuse to hear applications forwrits of error when it believed the Court of Appeals opinion correctly stated the law.[8] Thus, since June 1927, over 4,100 decisions of theTexas 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.[8]

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.[8] 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 achief 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, acitizen of Texas, licensed to practicelaw in Texas, and must have practiced law (or have been alawyer and a judge of a court of record together) for at least ten years.[9] Theclerk of the Court, currently Blake A. Hawthorne, is appointed by the justices and serves a four-year term, which is renewable.[10]

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.[11][12]

Judicial selection: appointments and elections

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All members of the court are elected to six-year terms in statewide partisanelections. Because their terms are staggered, only some of the justices are up for re-election in any one election cycle. When a vacancy arises, thegovernor 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 formergovernorRick Perry or by the current governor of Texas,Greg Abbott, who is himself a former member of the court.

Like the judges on theTexas Court of Criminal Appeals, all members of the Texas Supreme Court are currentlyRepublicans.

The most recent appointees areJames P. Sullivan,Evan Young,Rebeca Huddle,Jane Bland,Jimmy Blacklock, andBrett Busby.

Prior public service of incumbents

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Brett Busby andJane 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.[13]

Blacklock replacedDon Willett, who now sits on theFifth Circuit Court of Appeals, the federal appellate court that hears appeals from federal district courts in Texas. Busby succeedsPhil Johnson, who retired in 2018, and was sworn in on  March 20, 2019.[14] Jane Bland was appointed in September 2019 to fill the vacancy left byJeff Brown, who resigned from the court to accept appointment to a U.S. district court bench.[15] Rebeca Huddle was appointed in October 2020 to replacePaul Green, who retired from the Court on August 31, 2020.[13][16][17] Eva Guzman, the second-most senior member of the Court at the time, resigned on June 11, 2021, to challenge Attorney GeneralKen Paxton in the 2022 GOP primary for that office,[18] a bid that was ultimately unsuccessful.[19] The vacancy created by Guzman's resignation was filled by Evan Young's appointment on November 10, 2021.

Position designations and seniority

[edit]

The position of chief justice is designated Place 1 and is held byJimmy 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.[20] 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.[21] Their counterparts on theCourt of Criminal Appeals, however, use the title Judge.

Women on the court

[edit]

Hortense Sparks Ward, who became the first woman to pass the TexasBar Exam in 1910, was appointed Special Chief Justice of anall-female Texas Supreme Court 15 years later. All of the court's male justices recused themselves fromJohnson v.Darr, a 1924 case involving theWoodmen 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.[22] After ten months of searching for suitable male replacements to decide the case, GovernorPat Neff decided on January 1, 1925, to appoint a special court composed of three women. This court, consisting of Ward,Hattie Leah Henenberg, andRuth Virginia Brazzil, met for five months and ultimately ruled in favor of Woodmen of the World.[23]

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.[24]Rose Spector became the first woman elected to the court in 1992 and served until 1998 when she was defeated byHarriet O'Neill.[25]

Following the recent departure ofEva Guzman, the Texas Supreme Court currently has three women members.[20] 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.[13] As of September 2019, women jurists filled almost half of the 80 intermediate appellate positions.[26] 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.[27]

JusticeEva Guzman resigned from Place 9 effective Friday, June 11, 2021 at 3 PM after delivering a final dissenting opinion in the morning.[28][29]

Current justices

[edit]
PlaceName[30]BornStartTerm endsMandatory retirement[a]PartyAppointerLaw school
1Jimmy Blacklock,Chief Justice (1980-08-28)August 28, 1980 (age 45)January 2, 2018[b]20262056RepublicanGreg Abbott (R)Yale
3Debra Lehrmann (1956-11-16)November 16, 1956 (age 69)June 21, 201020282032RepublicanRick Perry (R)Texas
4John P. Devine (1958-10-03)October 3, 1958 (age 67)January 1, 201320302034RepublicanN/a[c]South Texas
8J. Brett Busby (1973-04-12)April 12, 1973 (age 52)February 21, 201920262048RepublicanGreg Abbott (R)Columbia
6Jane Bland (1965-06-01)June 1, 1965 (age 60)September 4, 201920302040RepublicanGreg Abbott (R)Texas
5Rebeca Huddle (1973-07-07)July 7, 1973 (age 52)October 30, 202020282048RepublicanGreg Abbott (R)Texas
9Evan Young (1976-09-14)September 14, 1976 (age 49)November 10, 202120282052RepublicanGreg Abbott (R)Yale
2James P. Sullivan (1981-05-04)May 4, 1981 (age 44)January 7, 202520262058RepublicanGreg Abbott (R)Harvard
7Kyle D. Hawkins (1980-05-06)May 6, 1980 (age 45)October 24, 202520262056RepublicanGreg Abbott (R)Minnesota
  1. ^Under Article 5 of theTexas 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.[31]
  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

[edit]
Chief Justice (Place 1)
Established by theTexas Constitution of 1876
G. MooreDemocratic1878–1881
GouldDemocratic1881–1882
WillieDemocratic1882–1888
StaytonDemocratic1888–1894
GainesDemocratic1894–1911
BrownDemocratic1911–1915
N. PhillipsDemocratic1915–1921
CuretonDemocratic1921–1940
W.F. MooreDemocratic1940–1941
AlexanderDemocratic1941–1948
HickmanDemocratic1948–1961
CalvertDemocratic1961–1972
GreenhillDemocratic1972–1982
PopeDemocratic1982–1985
HillDemocratic1985–1988
PhillipsRepublican1988–2004
JeffersonRepublican2004–2013
HechtRepublican2013–2024
BlacklockRepublican2025–present
Place 2
Established by theTexas Constitution of 1876
GouldDemocratic1876–1881
StaytonDemocratic1881–1888
WalkerDemocratic1888–1889
HenryDemocratic1889–1893
BrownDemocratic1893–1911
RamseyDemocratic1911–1912
N. PhillipsDemocratic1912–1915
YantisDemocratic1915–1918
GreenwoodDemocratic1918–1934
SharpDemocratic1934–1952
CulverDemocratic1953–1965
PopeDemocratic1964–1982
T. RobertsonDemocratic1982–1988
DoggettDemocratic1989–1994
OwenRepublican1995–2005
WillettRepublican2005–2018
BlacklockRepublican2018–2025
SullivanRepublican2025–present
Place 3
Established by theTexas Constitution of 1876
G. MooreDemocratic1876–1878
BonnerDemocratic1878–1882
WestDemocratic1882–1885
S. RobertsonDemocratic1885–1886
GainesDemocratic1886–1894
DenmanDemocratic1894–1899
WilliamsDemocratic1899–1911
BibrellDemocratic1911–1913
HawkinsDemocratic1913–1921
PiersonDemocratic1921–1935
CritzDemocratic1935–1945
SimpsonDemocratic1945–1949
HarveyDemocratic1949–1950
CalvertDemocratic1950–1961
SteakleyDemocratic1961–1980
WallaceDemocratic1981–1988
CookRepublican1988–1992
SpectorDemocratic1993–1998
O'NeillRepublican1999–2010
LehrmannRepublican2010–present

Place 4
Established in 1918 as Commissioner, Section B
Made a Supreme Court judgeship in 1945
SadlerDemocratic1918–1920
PowellDemocratic1920–1927
LeddyDemocratic1927–1933
SmedleyDemocratic1933–1954
WalkerDemocratic1954–1975
DoughtyDemocratic1975–1976
YarbroughDemocratic1976–1977
BarrowDemocratic1977–1984
GonzalezDemocratic1984–1998
GonzalesRepublican1999–2000
JeffersonRepublican2001–2004
MedinaRepublican2004–2012
DevineRepublican2013–present
Place 5
Established in 1918 as Commissioner, Section B
Made a Supreme Court judgeship in 1945
MontgomeryDemocratic1918–1919
KittrellDemocratic1919–1921
HamiltonDemocratic1921
ShortDemocratic1925–1934
TaylorDemocratic1935–1950
WilsonDemocratic1950–1956
McCallDemocratic1956
NorvellDemocratic1957–1968
ReavleyDemocratic1968–1977
ChadickDemocratic1977–1978
CampbellDemocratic1978–1988
CulverRepublican1988
HightowerDemocratic1988–1996
AbbottRepublican1996–2001
RodriguezRepublican2001–2002
SmithRepublican2002–2004
GreenRepublican2005–2020
HuddleRepublican2020–present
Place 6
Established in 1918 as Commissioner, Section A
Made a Supreme Court judgeship in 1945
TaylorDemocratic1919–1921
RandolphDemocratic1921–1923
BishopDemocratic1923–1927
CritzDemocratic1927–1935
HickmanDemocratic1935–1948
GarwoodDemocratic1948–1958
HamiltonDemocratic1959–1970
DentonDemocratic1971–1982
SondockDemocratic1982
KilgarlinDemocratic1983–1988
HechtRepublican1989–2013
BrownRepublican2013–2019
BlandRepublican2019–present

Place 7
Established in 1918 as Commissioner, Section B
Made a Supreme Court judgeship in 1945
McClendonDemocratic1918–1923
StaytonDemocratic1923–1925
SpeerDemocratic1925–1929
RyanDemocratic1929–1937
MartinDemocratic1937–1939
SlattonDemocratic1939–1947
HartDemocratic1947–1950
SmithDemocratic1950–1970
DanielDemocratic1971–1978
SpearsDemocratic1979–1990
CornynRepublican1991–1997
HankinsonRepublican1997–2002
WainwrightRepublican2002–2012
BoydRepublican2012–2025
HawkinsRepublican2025-present
Place 8
Established in 1918 as Commissioner, Section A
Made a Supreme Court judgeship in 1945
SonfieldDemocratic1918–1921
GallagherDemocratic1921–1923
BlanksDemocratic1923–1924
ChapmanDemocratic1924–1925
NickelsDemocratic1925–1929
SharpDemocratic1929–1934
GermanDemocratic1935–1941
BrewsterDemocratic1941–1957
GreenhillDemocratic1957–1972
H. PhillipsDemocratic1972
S. JohnsonDemocratic1973–1979
GarwoodRepublican1978–1980
RayDemocratic1980–1990
GammageDemocratic1990–1995
BakerRepublican1995–2002
SchneiderRepublican2002–2004
P. JohnsonRepublican2004–2018
BusbyRepublican2019–present
Place 9
Established in 1918 as Commissioner, Section A
Made a Supreme Court judgeship in 1945
StrongDemocratic1918–1920
SpencerDemocratic1920–1923
GermanDemocratic1923–1925
HarveyDemocratic1925–1943
FolleyDemocratic1943–1949
GriffinDemocratic1949–1968
McGeeDemocratic1969–1986
MauzyDemocratic1987–1992
EnochRepublican1993–2003
BristerRepublican2003–2009
GuzmanRepublican2009–2021
YoungRepublican2021–present

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

[edit]
  1. ^"Texas Supreme Court Advisory". Archived fromthe original on January 25, 2010. RetrievedJanuary 13, 2010.
  2. ^Blackman, Josh."The Supreme Court of Texas Must Put Texas First, and Liberate Law Students from the ABA".www.civitasinstitute.org. RetrievedJune 10, 2025.
  3. ^"Supreme Court Building on Map of Texas Capitol Complex"(PDF).Texas Judiciary Website.Archived(PDF) from the original on March 5, 2020. RetrievedNovember 18, 2019.
  4. ^Tex. Gov't Code section 81.011.
  5. ^Tex. Gov't Code sections 81.061 and 82.021
  6. ^Tex. Gov't Code section 82.001
  7. ^Tex. Gov't Code section 82.004.
  8. ^abcSteiner, Mark E. (February 1999). "Not Fade Away: The Continuing Relevance of 'Writ Refused' Opinions".The Appellate Advocate.12:3–6. Available viaHeinOnline.
  9. ^Tex. Const., Art. 5, Sec. 2.
  10. ^"TJB | SC | About the Court | Clerk's Office".www.txcourts.gov.Archived from the original on December 23, 2019. RetrievedOctober 30, 2020.
  11. ^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. RetrievedJune 15, 2021.
  12. ^Perez, Elida S. (April 9, 2021)."Senator scraps controversial bill to reduce Texas appellate courts".El Paso Matters. RetrievedJune 15, 2021.
  13. ^abc"Governor Abbott Appoints Rebeca Huddle To The Texas Supreme Court".gov.texas.gov.Archived from the original on October 16, 2020. RetrievedOctober 30, 2020.
  14. ^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. RetrievedApril 13, 2019.
  15. ^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. RetrievedOctober 10, 2019.
  16. ^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. RetrievedOctober 30, 2020.
  17. ^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. RetrievedOctober 30, 2020.
  18. ^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. RetrievedJune 15, 2021.
  19. ^Osakwe, Chinekwu (September 7, 2022)."Ex-Texas Supreme Court justice who challenged Paxton joins Houston firm".Reuters. RetrievedJune 8, 2025.
  20. ^ab"TJB | SC | About the Court | Justices".www.txcourts.gov.Archived from the original on December 23, 2019. RetrievedDecember 23, 2019.
  21. ^"Texas Constitution"(PDF).
  22. ^Mauldin Cottrell, Debbie (June 9, 2010)."All-Woman Supreme Court".www.tshaonline.org.Archived from the original on January 3, 2018. RetrievedMay 4, 2018.
  23. ^"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. RetrievedJuly 16, 2013.
  24. ^"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. RetrievedJuly 16, 2013.
  25. ^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. RetrievedJuly 16, 2013.
  26. ^"Profile of Appellate and Trial Judges"(PDF). Texas Office of Court Administration. September 1, 2019.Archived(PDF) from the original on March 6, 2020. RetrievedNovember 18, 2019.
  27. ^"About the Court: Justices".Fourth Court of Appeals. RetrievedJune 15, 2021.
  28. ^Pollock, Cassandra (June 7, 2021)."Texas Supreme Court Justice Eva Guzman resigns".The Texas Tribune. RetrievedJune 8, 2021.
  29. ^"Orders pronounced June 11, 2021".Supreme Court of Texas. RetrievedJune 15, 2021.
  30. ^"Supreme Court Justices".Texas Judicial Branch.
  31. ^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

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

External links

[edit]

Texas Supreme Court History: Links to Resources[1]

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