TheTexas Third Court of Appeals is one of 15intermediate appellate courts inTexas. The court consists of six justices hearing cases from 24 counties—one chief justice and five justices.

The Third Court of Appeals has intermediate appellate jurisdiction of both civil and criminal cases appealed from lower courts in the 24 counties. In civil cases, it has jurisdiction where judgment rendered exceeds $100, exclusive of costs, and other civil proceedings as provided by law. It has jurisdiction in criminal cases except in post-conviction writs of habeas corpus and in cases where the death penalty has been imposed.^[1]

Published opinions of the Third District Court of Appeals can be foundhere.

Texas Third District Court of Appeals
Court information
Judges:	6
Salary:	Associates: $192,500[2]
Judicial selection
Method:	Partisan election of judges
Term:	6 years

Jurisdiction

The Third Court of Appeals is located inAustin and serves a large area in central Texas.

The court hears cases from 24 counties:^[3]

Current justices

Salary

See also:Texas court salaries and budgets

In 2025, associate judges serving on the Texas District Courts of Appeals in districts 1 through 14 received a base salary of $192,500, according to the Office of Court Administration. Judges on the Fifteenth District Court of Appeals earned a base salary of $205,000.^[4]

Judicial selection

See also:Partisan election of judges andJudicial selection in Texas

The justices of theTexas Court of Appeals are selected in district levelpartisan elections. The elected justices serve six-year terms, after which they must run for re-election if they wish to remain on the court.^[5]

Qualifications

To serve on the Texas Court of Appeals, a justice must be:

• a U.S. citizen;
• a resident ofTexas;
• licensed to practice law in the state;
• between the ages of 35 and 75;*^[6][7] and
• a practicing lawyer and/or judge for at least 10 years.^[5]

Chief justice

Thechief justice of each district court is selected by voters at large. He or she serves in that capacity for a full six-year term.^[5]

Vacancies

In the event of a midterm vacancy, thegovernor appoints a replacement who must be confirmed by theTexas Senate. The appointee serves until the next general election, in which he or she may compete to serve for the remainder of the unexpired term.^[5]

Elections

2026

• 2030
• 2028
• 2026
• 2024
• 2022
• 2020
• 2018

See also: Texas intermediate appellate court elections, 2030

Texas Third District Court of Appeals Place 2

There are noofficial candidates yet for this election.

Texas Third District Court of Appeals Place 3

There are noofficial candidates yet for this election.

Texas Third District Court of Appeals Place 5

There are noofficial candidates yet for this election.

Texas Third District Court of Appeals Place 6

There are noofficial candidates yet for this election.

Texas Third District Court of Appeals Place 4

See also: Texas intermediate appellate court elections, 2028

There are noofficial candidates yet for this election.

Texas Third District Court of Appeals Chief Justice

See also: Texas intermediate appellate court elections, 2026

General election

The primary will occur on March 3, 2026. The general election will occur on November 3, 2026. General election candidates will be added here following the primary.

Democratic primary

Democratic primary for Texas Third District Court of Appeals Chief Justice

IncumbentDarlene Byrne (D) is running in the Democratic primary for Texas Third District Court of Appeals Chief Justice on March 3, 2026.

		Candidate
		Darlene Byrne

---

	Incumbents arebolded and underlined.
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Republican primary

Republican primary for Texas Third District Court of Appeals Chief Justice

Cory Liu (R) is running in the Republican primary for Texas Third District Court of Appeals Chief Justice on March 3, 2026.

		Candidate
	Submit photo	Cory Liu

---

	There are noincumbents in this race.
= candidate completed theBallotpedia Candidate Connection survey.
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See also: Texas intermediate appellate court elections, 2024

Texas Third District Court of Appeals Place 2

General election

General election for Texas Third District Court of Appeals Place 2

Maggie Ellis (D) defeatedJohn Messinger (R) in the general election for Texas Third District Court of Appeals Place 2 on November 5, 2024.

		Candidate	%	Votes
✔		Maggie Ellis (D)	50.9	700,587
		John Messinger (R)	49.1	675,885

---

	There were noincumbents in this race. The results have been certified. Source	Total votes: 1,376,472
= candidate completed theBallotpedia Candidate Connection survey.
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Democratic primary runoff

Democratic primary runoff for Texas Third District Court of Appeals Place 2

Maggie Ellis (D) defeated incumbentEdward Smith (D) in the Democratic primary runoff for Texas Third District Court of Appeals Place 2 on May 28, 2024.

		Candidate	%	Votes
✔		Maggie Ellis	65.0	17,385
		Edward Smith	35.0	9,362

---

	Incumbents arebolded and underlined. The results have been certified. Source	Total votes: 26,747
= candidate completed theBallotpedia Candidate Connection survey.
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Democratic primary

Democratic primary for Texas Third District Court of Appeals Place 2

Maggie Ellis (D) and incumbentEdward Smith (D) advanced to a runoff. They defeatedMelissa Lorber (D) in the Democratic primary for Texas Third District Court of Appeals Place 2 on March 5, 2024.

		Candidate	%	Votes
✔		Maggie Ellis	40.5	56,909
✔		Edward Smith	31.5	44,192
		Melissa Lorber	28.0	39,337

---

	Incumbents arebolded and underlined. The results have been certified. Source	Total votes: 140,438
= candidate completed theBallotpedia Candidate Connection survey.
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Republican primary

Republican primary for Texas Third District Court of Appeals Place 2

John Messinger (R) advanced from the Republican primary for Texas Third District Court of Appeals Place 2 on March 5, 2024.

		Candidate	%	Votes
✔		John Messinger	100.0	185,153

---

	There were noincumbents in this race. The results have been certified. Source	Total votes: 185,153
= candidate completed theBallotpedia Candidate Connection survey.
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Texas Third District Court of Appeals Place 3

General election

General election for Texas Third District Court of Appeals Place 3

IncumbentChari Kelly (D) won election in the general election for Texas Third District Court of Appeals Place 3 on November 5, 2024.

		Candidate	%	Votes
✔		Chari Kelly (D)	100.0	861,015

---

	Incumbents arebolded and underlined. The results have been certified. Source	Total votes: 861,015
= candidate completed theBallotpedia Candidate Connection survey.
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Democratic primary

Democratic primary for Texas Third District Court of Appeals Place 3

IncumbentChari Kelly (D) advanced from the Democratic primary for Texas Third District Court of Appeals Place 3 on March 5, 2024.

		Candidate	%	Votes
✔		Chari Kelly	100.0	125,562

---

	Incumbents arebolded and underlined. The results have been certified. Source	Total votes: 125,562
= candidate completed theBallotpedia Candidate Connection survey.
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Republican primary

The Republican primary scheduled for March 5, 2024, was canceled.

Texas Third District Court of Appeals Place 5

General election

General election for Texas Third District Court of Appeals Place 5

Karin Crump (D) won election in the general election for Texas Third District Court of Appeals Place 5 on November 5, 2024.

		Candidate	%	Votes
✔		Karin Crump (D)	100.0	849,117

---

	There were noincumbents in this race. The results have been certified. Source	Total votes: 849,117
= candidate completed theBallotpedia Candidate Connection survey.
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Democratic primary

Democratic primary for Texas Third District Court of Appeals Place 5

Karin Crump (D) defeated incumbentThomas Baker (D) in the Democratic primary for Texas Third District Court of Appeals Place 5 on March 5, 2024.

		Candidate	%	Votes
✔		Karin Crump	56.2	78,705
		Thomas Baker	43.8	61,374

---

	Incumbents arebolded and underlined. The results have been certified. Source	Total votes: 140,079
= candidate completed theBallotpedia Candidate Connection survey.
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Republican primary

The Republican primary scheduled for March 5, 2024, was canceled.

Texas Third District Court of Appeals Place 6

General election

General election for Texas Third District Court of Appeals Place 6

IncumbentGisela Triana (D) won election in the general election for Texas Third District Court of Appeals Place 6 on November 5, 2024.

		Candidate	%	Votes
✔		Gisela Triana (D)	100.0	846,634

---

	Incumbents arebolded and underlined. The results have been certified. Source	Total votes: 846,634
= candidate completed theBallotpedia Candidate Connection survey.
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Democratic primary

Democratic primary for Texas Third District Court of Appeals Place 6

IncumbentGisela Triana (D) advanced from the Democratic primary for Texas Third District Court of Appeals Place 6 on March 5, 2024.

		Candidate	%	Votes
✔		Gisela Triana	100.0	128,369

---

	Incumbents arebolded and underlined. The results have been certified. Source	Total votes: 128,369
= candidate completed theBallotpedia Candidate Connection survey.
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Republican primary

The Republican primary scheduled for March 5, 2024, was canceled.

Texas Third District Court of Appeals Place 4

See also: Texas intermediate appellate court elections, 2022

General election

General election for Texas Third District Court of Appeals Place 4

Rosa Lopez Theofanis (D) defeatedLesli Fitzpatrick (R) in the general election for Texas Third District Court of Appeals Place 4 on November 8, 2022.

		Candidate	%	Votes
✔		Rosa Lopez Theofanis (D)	52.6	558,955
		Lesli Fitzpatrick (R)	47.4	503,131

---

	There were noincumbents in this race. The results have been certified. Source	Total votes: 1,062,086
= candidate completed theBallotpedia Candidate Connection survey.
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Democratic primary runoff

The Democratic primary runoff scheduled for May 24, 2022, was canceled.Rosa Lopez Theofanis (D) advanced from the Democratic primary runoff for Texas Third District Court of Appeals Place 4 without appearing on the ballot.

Withdrawn or disqualified candidates

• Beth Payán (D)

Democratic primary

Democratic primary for Texas Third District Court of Appeals Place 4

Rosa Lopez Theofanis (D) andBeth Payán (D) advanced to a runoff. They defeatedPaula Knippa (D) in the Democratic primary for Texas Third District Court of Appeals Place 4 on March 1, 2022.

		Candidate	%	Votes
✔		Rosa Lopez Theofanis	49.0	75,171
✔	Submit photo	Beth Payán	29.9	45,880
	Submit photo	Paula Knippa	21.2	32,505

---

	There were noincumbents in this race. The results have been certified. Source	Total votes: 153,556
= candidate completed theBallotpedia Candidate Connection survey.
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Republican primary

Republican primary for Texas Third District Court of Appeals Place 4

Lesli Fitzpatrick (R) advanced from the Republican primary for Texas Third District Court of Appeals Place 4 on March 1, 2022.

		Candidate	%	Votes
✔		Lesli Fitzpatrick	100.0	168,126

---

	There were noincumbents in this race. The results have been certified. Source	Total votes: 168,126
= candidate completed theBallotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you,complete the Ballotpedia Candidate Connection Survey.
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Texas Third District Court of Appeals Chief Justice

See also: Texas intermediate appellate court elections, 2020

General election

General election for Texas Third District Court of Appeals Chief Justice

Darlene Byrne (D) defeated incumbentJeff L. Rose (R) in the general election for Texas Third District Court of Appeals Chief Justice on November 3, 2020.

		Candidate	%	Votes
✔		Darlene Byrne (D)	52.2	710,399
		Jeff L. Rose (R)	47.8	650,206

---

	Incumbents arebolded and underlined. The results have been certified. Source	Total votes: 1,360,605
= candidate completed theBallotpedia Candidate Connection survey.
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Democratic primary

Democratic primary for Texas Third District Court of Appeals Chief Justice

Darlene Byrne (D) defeatedKeith Hampton (D) in the Democratic primary for Texas Third District Court of Appeals Chief Justice on March 3, 2020.

		Candidate	%	Votes
✔		Darlene Byrne	72.9	215,184
	Submit photo	Keith Hampton	27.1	80,090

---

	There were noincumbents in this race. The results have been certified. Source	Total votes: 295,274
= candidate completed theBallotpedia Candidate Connection survey.
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Republican primary

Republican primary for Texas Third District Court of Appeals Chief Justice

IncumbentJeff L. Rose (R) advanced from the Republican primary for Texas Third District Court of Appeals Chief Justice on March 3, 2020.

		Candidate	%	Votes
✔		Jeff L. Rose	100.0	183,719

---

	Incumbents arebolded and underlined. The results have been certified. Source	Total votes: 183,719
= candidate completed theBallotpedia Candidate Connection survey.
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Texas Third District Court of Appeals Place 2

General election

General election for Texas Third District Court of Appeals Place 2

Edward Smith (D) defeated incumbentCindy Olson Bourland (R) in the general election for Texas Third District Court of Appeals Place 2 on November 6, 2018.

		Candidate	%	Votes
✔		Edward Smith (D)	53.0	552,167
		Cindy Olson Bourland (R)	47.0	489,191

---

	Incumbents arebolded and underlined. The results have been certified. Source	Total votes: 1,041,3580
= candidate completed theBallotpedia Candidate Connection survey.
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Democratic primary

Democratic primary for Texas Third District Court of Appeals Place 2

Edward Smith (D) advanced from the Democratic primary for Texas Third District Court of Appeals Place 2 on March 6, 2018.

		Candidate
✔		Edward Smith

---

	There were noincumbents in this race. The results have been certified.
= candidate completed theBallotpedia Candidate Connection survey.
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Republican primary

Republican primary for Texas Third District Court of Appeals Place 2

IncumbentCindy Olson Bourland (R) advanced from the Republican primary for Texas Third District Court of Appeals Place 2 on March 6, 2018.

		Candidate
✔		Cindy Olson Bourland

---

	Incumbents arebolded and underlined. The results have been certified.
= candidate completed theBallotpedia Candidate Connection survey.
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Texas Third District Court of Appeals Place 3

General election

General election for Texas Third District Court of Appeals Place 3

Chari Kelly (D) defeated incumbentScott Field (R) in the general election for Texas Third District Court of Appeals Place 3 on November 6, 2018.

		Candidate	%	Votes
✔		Chari Kelly (D)	54.4	566,246
		Scott Field (R)	45.6	475,074

---

	Incumbents arebolded and underlined. The results have been certified. Source	Total votes: 1,041,3200
= candidate completed theBallotpedia Candidate Connection survey.
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Democratic primary

Democratic primary for Texas Third District Court of Appeals Place 3

Chari Kelly (D) advanced from the Democratic primary for Texas Third District Court of Appeals Place 3 on March 6, 2018.

		Candidate
✔		Chari Kelly

---

	There were noincumbents in this race. The results have been certified.
= candidate completed theBallotpedia Candidate Connection survey.
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Republican primary

Republican primary for Texas Third District Court of Appeals Place 3

IncumbentScott Field (R) advanced from the Republican primary for Texas Third District Court of Appeals Place 3 on March 6, 2018.

		Candidate
✔		Scott Field

---

	Incumbents arebolded and underlined. The results have been certified.
= candidate completed theBallotpedia Candidate Connection survey.
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Texas Third District Court of Appeals Place 5

General election

General election for Texas Third District Court of Appeals Place 5

Thomas Baker (D) defeated incumbentDavid Puryear (R) in the general election for Texas Third District Court of Appeals Place 5 on November 6, 2018.

		Candidate	%	Votes
✔		Thomas Baker (D)	53.9	560,790
		David Puryear (R)	46.1	479,517

---

	Incumbents arebolded and underlined. The results have been certified. Source	Total votes: 1,040,3070
= candidate completed theBallotpedia Candidate Connection survey.
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Democratic primary

Democratic primary for Texas Third District Court of Appeals Place 5

Thomas Baker (D) advanced from the Democratic primary for Texas Third District Court of Appeals Place 5 on March 6, 2018.

		Candidate
✔		Thomas Baker

---

	There were noincumbents in this race. The results have been certified.
= candidate completed theBallotpedia Candidate Connection survey.
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Republican primary

Republican primary for Texas Third District Court of Appeals Place 5

IncumbentDavid Puryear (R) advanced from the Republican primary for Texas Third District Court of Appeals Place 5 on March 6, 2018.

		Candidate
✔		David Puryear

---

	Incumbents arebolded and underlined. The results have been certified.
= candidate completed theBallotpedia Candidate Connection survey.
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Texas Third District Court of Appeals Place 6

General election

General election for Texas Third District Court of Appeals Place 6

Gisela Triana (D) defeatedMichael Toth (R) in the general election for Texas Third District Court of Appeals Place 6 on November 6, 2018.

		Candidate	%	Votes
✔		Gisela Triana (D)	54.4	566,064
		Michael Toth (R)	45.4	472,806
		Other/Write-in votes	0.2%	1,694

---

	There were noincumbents in this race. The results have been certified. Source	Total votes: 1,040,5640
= candidate completed theBallotpedia Candidate Connection survey.
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Republican primary runoff

Republican primary runoff for Texas Third District Court of Appeals Place 6

Michael Toth (R) defeatedDonna Davidson (R) in the Republican primary runoff for Texas Third District Court of Appeals Place 6 on May 22, 2018.

		Candidate	%	Votes
✔		Michael Toth	52.8	28,745
		Donna Davidson	47.2	25,662

---

	There were noincumbents in this race. The results have been certified.	Total votes: 54,407
= candidate completed theBallotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you,complete the Ballotpedia Candidate Connection Survey.
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Democratic primary

Democratic primary for Texas Third District Court of Appeals Place 6

Gisela Triana (D) advanced from the Democratic primary for Texas Third District Court of Appeals Place 6 on March 6, 2018.

		Candidate	%	Votes
✔		Gisela Triana	100.0	105,026

---

	There were noincumbents in this race. The results have been certified.	Total votes: 105,026
= candidate completed theBallotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you,complete the Ballotpedia Candidate Connection Survey.
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Republican primary

Republican primary for Texas Third District Court of Appeals Place 6

Michael Toth (R) andDonna Davidson (R) advanced to a runoff. They defeatedJennifer Freel (R) andKristofer Monson (R) in the Republican primary for Texas Third District Court of Appeals Place 6 on March 6, 2018.

		Candidate	%	Votes
✔		Michael Toth	39.0	53,382
✔		Donna Davidson	31.5	43,102
	Submit photo	Jennifer Freel	20.0	27,407
		Kristofer Monson	9.5	13,000

---

	There were noincumbents in this race. The results have been certified.	Total votes: 136,891
= candidate completed theBallotpedia Candidate Connection survey.
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Previous election results

2016

Main article:Texas judicial elections, 2016

Candidates

Place 2

■Cindy Olson Bourland (R)(Incumbent/Unopposed)

Place 4

■Melissa Goodwin (R)(Incumbent/Unopposed)

Election results

November 8 general election

IncumbentCindy Olson Bourland ran unopposed in the general election for the Texas Third District Court of Appeals, Place 2.

Texas Third District Court of Appeals, Place 2, 2016
Party		Candidate	Vote %	Votes
	Republican	Cindy Olson BourlandIncumbent (unopposed)	100.00%	623,948
Total Votes (100% reporting)				623,948
Source:Texas Secretary of State Official Results

IncumbentMelissa Goodwin ran unopposed in the general election for the Texas Third District Court of Appeals, Place 4.

Texas Third District Court of Appeals, Place 4, 2016
Party		Candidate	Vote %	Votes
	Republican	Melissa GoodwinIncumbent (unopposed)	100.00%	625,200
Total Votes (100% reporting)				625,200
Source:Texas Secretary of State Official Results

March 1 primary election

Texas Third District Court of Appeals, Seat 2, Republican Primary, 2016
Party		Candidate	Vote %	Votes
	Republican	Cindy Olson BourlandIncumbent (unopposed)	100.00%	202,226
Total Votes (100% Reporting)				202,226
Source:Texas Secretary of State Official Results

Texas Third District Court of Appeals, Seat 4, Republican Primary, 2016
Party		Candidate	Vote %	Votes
	Republican	Melissa GoodwinIncumbent (unopposed)	100.00%	204,385
Total Votes (100% Reporting)				204,385
Source:Texas Secretary of State Official Results

2014

Chief Justice

Candidate	Incumbency	Party	Primary Vote	Election Vote
HensonDiane Henson	No	Democratic	100%A	45.9%   D
RoseJeff L. RoseA	No	Republican	100%A	54.1%   A

2012

Candidate	Incumbency	Party	Place	Primary Vote	Election Vote
CaseBryan Case	No	Democratic	Place 6	100%A	46.2%   A
PuryearDavid Puryear   A	Yes	Republican	Place 5	100%A	52%   A
HensonDiane Henson	Yes	Democratic		100%A	48.3%   A
HathcockJ. Andrew Hathcock	No	Democratic	Place 2	100%A	46.5%   A
RoseJeff L. Rose   A	Yes	Republican	Place 1	100%A	53.5%   A
WatkinsKaren L. Watkins	No	Democratic	Place 5	100%A	48%   A
PembertonRobert Pemberton   A	Yes	Republican	Place 6	100%A	53.8%   A
FieldScott Field   A	No	Republican	Place 3	66.4%A	51.7%   A

Ethics

TheTexas Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates inTexas. It consists of eight overarching canons:

• Canon 1: Upholding the Integrity and Independence of the Judiciary
• Canon 2: Avoiding Impropriety and the Appearance of Impropriety in All of the Judge’s Activities
• Canon 3: Performing the Duties of Judicial Office Impartially and Diligently
• Canon 4: Conducting the Judge's Extra-Judicial Activities to Minimize the Risk of Conflict with Judicial Obligations
• Canon 5: Refraining from Inappropriate Political Activity
• Canon 6: Compliance with the Code of Judicial Conduct
• Canon 7: Effective Date of Compliance
• Canon 8: Construction and Terminology of the Code^[8]

The full text of theTexas Code of Judicial Conduct can be foundhere.

Removal of judges

Court of Appeals judges inTexas may be removed in one of three ways:

• Removal or retirement by a review tribunal upon aTexas Commission on Judicial Conduct recommendation to the Supreme Court. The Commission investigates and, if warranted, prosecutes allegations of judicial misconduct. After a Commission recommendation, the Supreme Court selects a review tribunal made up of Court of Appeals judges to verify the Commission's findings and enter a judgment. Decisions are subject to appeal to the Supreme Court.
• By thegovernor on the address of two thirds of theTexas Senate and theTexas House of Representatives.
• By a two-thirds vote of the Senate, upon impeachment by a majority vote of the House.

Noteworthy cases

History

Below are some key highlights in the court's history:
^[3][10]

• Texas appeals courts (originally known ascourts of civil appeals) were established by amendment to theTexas Constitution in 1891.

• TheTexas Legislature authorized courts of civil appeals to issue writs of mandamus and all other writs necessary to enforce their jurisdiction in 1892.

• In 1892 the legislature created the 1st, 2nd and 3rd District courts, located in Galveston, Fort Worth and Austin, respectively.

• The appeals courts originally had jurisdiction in civil cases only. In 1981, the courts gained criminal jurisdiction.

• A constitutional amendment passed in 1985 formally changed the courts' name from the Texas Courts of Civil Appeals to the Texas Courts of Appeals to reflect the broader jurisdiction.

State profile

Presidential voting pattern

See also:Presidential voting trends in Texas

Texasvoted Republican in all seven presidential elections between 2000 and 2024.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted forDonald Trump (R) in 2016 after voting forBarack Obama (D) in 2008 and 2012. Collectively, Trump won thesePivot Counties by more than 580,000 votes. Of these 206 counties, one is located in Texas, accounting for 0.5 percent of the total pivot counties.^[11]

Pivot Counties (2020)

In2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won asRetained Pivot Counties and those won byJoe Biden (D) asBoomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Texas had one Retained Pivot County, 0.55 percent of all Retained Pivot Counties.

More Texas coverage on Ballotpedia

• Elections in Texas
• United States congressional delegations from Texas
• Public policy in Texas
• Endorsers in Texas
• Texas fact checks
• More...

See also

Texas	Judicial Selection	More Courts
Courts in TexasTexas Courts of AppealsTexas Court of Criminal AppealsTexas Supreme Court	Elections:2026 •2025 •2024 •2023 •2022 •2021 •2020 •2019 •2018 •2017Gubernatorial appointmentsJudicial selection in Texas	Federal courtsState courtsLocal courts

External links

• Texas Third Court of Appeals

Footnotes