Texas Supreme Court

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Texas Supreme Court
Court information
Justices:	9
Judicial selection
Method:	Partisan election of judges
Term:	6 years
Active justices
Wallace Jefferson  •  Don Willett  •  Paul Green  •  Nathan Hecht  •  Phil Johnson  •  Eva Guzman  •  Debra Lehrmann  •  John Devine  •  Jeffrey S. Boyd  •
Former justices

The Texas Supreme Court is the highest court in the state of Texas for civil matters. As the court of last resort, the Supreme Court hears appeals of decisions in civil cases from lower courts. Its decisions are not subject to review by any other court.

The Texas Court of Criminal Appeals is the court of last resort for all criminal matters in Texas. Texas is one of just two states (the other being Oklahoma) that has two courts of last resort.

The Supreme Court was established in 1836 by the Constitution of the Republic of Texas. The Court consists of nine justices who meet in Austin, Texas in a building located on the state Capitol grounds.

Justices

The current justices of the court are:

Judge	Term	Appointed by	Party
Chief Justice Wallace Jefferson	March 2001 - present	Rick Perry	Republican
Justice Don Willett	2005 - 2018	Rick Perry	Republican
Justice Paul Green	2005 - present		Republican
Justice Nathan Hecht	1989 - 2018		Republican
Justice Phil Johnson	2005 - present	Rick Perry	Republican
Justice Eva Guzman	2009 - present	Rick Perry	Republican
Justice Debra Lehrmann	2010 - present	Gov. Rick Perry	Republican
Justice John Devine	2013-2018		Republican
Justice Jeffrey S. Boyd	2012-2014	Gov. Rick Perry	Republican

Chief justice

Wallace Jefferson is the Chief Justice of the Supreme Court of Texas. He ran for re-election to the court in 2008 against Democratic challenger Jim Jordan, and won with 53% of the vote. (See Texas Supreme Court elections for more information). Justice Jefferson is aligned with the Republican party.

Jurisdiction

The caseload of the Texas Supreme Court is determined by whether the court decides to grant a review of a judgment. The court has mandatory jurisdiction over writs of mandamus and habeas corpus.

"Much of the Supreme Court’s time is spent determining which petitions for review will be granted, as it must consider all petitions for review that are filed. However, the Court exercises some control over its caseload in deciding which petitions will be granted. The Court usually takes only those cases that present the most significant Texas legal issues in need of clarification.

The Supreme Court also has jurisdiction to answer questions of state law certified from a federal appellate court; has original jurisdiction to issue writs and to conduct proceedings for the involuntary retirement or removal of judges; and reviews cases involving attorney discipline upon appeal from the Board of Disciplinary Appeals of the State Bar of Texas."

Judicial selection

The nine justices are elected to staggered six-year terms in state-wide partisan elections. The nine seats are referred to by place numbers 1 through 9. The place numbers have no special meaning as all justices are elected state-wide, except that the Chief Justice position is considered "Place 1."

If a vacancy occurs, the governor appoints a replacement, who then must be confirmed by the Texas Senate. The justice serves for the remainder of the unexpired term. Five of the current nine justices were originally appointed by Governor Rick Perry.

The chief justice runs as such in the general election and is selected by the state's voters.

Qualifications

In order to serve on the court, the following requirements must be met:

• be a citizen of the United States;
• hold state residency;
• be licensed to practice law in Texas;
• be older than 35 and younger than 74; and
• have practiced law or been a judge for 10 years.

Caseloads

Fiscal year	Regular causes added	Motions added	Regular causes disposed	Motions disposed	Regular causes pending at end of fiscal year
2011	106	1,984	137	1,965	52
2010	128	1,894	110	1,892	83
2009	106	2,070	125	2,051	62
2008	138	1,876	164	1,905	80
2007	158	1,807	144	1,824	106

"The Supreme Court’s caseload can be broken down into three broad categories: determining whether to grant review of the final judgment of a court of appeals (i.e., to grant or not grant a petition for review); disposition of regular causes (i.e., granted petitions for review, accepted petitions for writs of mandamus or habeas corpus, certified questions, accepted parental notification appeals, and direct appeals); and disposition of numerous motions related to petitions and regular causes."

Regular causes
" "Regular causes" involve cases in which four or more of the justices have decided in conference that a petition for review, petition for writ of mandamus or habeas corpus, or parental notifi cation appeal should be reviewed. Regular causes also include direct appeals the court has agreed to review and questions of law certifi ed to it by a federal appellate court that the court has agreed to answer. Most regular causes are set for oral argument in open court and are reported in written opinions. However, a petition may be granted and an unsigned opinion (per curiam) issued without oral argument if at least six members of the court vote accordingly."

The chart below displays the number of regular causes added, disposed, and pending on the Supreme Court's docket from 1991 to 2010.

Petitions for review

Salaries

As of 2010, the Associate Justices earn $150,000 annually, while the Chief Justice earns $152,500.

Notable decisions

Texas Supreme Court rules on Open Beaches Act January 25, 2013 Texans battled for beach ownership last week as the Texas Supreme Court heard a case regarding the Open Beaches Act. The court overturned an appellate ruling that gave the city of Surfside the right to refuse repairs and extend utilities to beachfront homes that were determined to be in the public right-of-way due to erosion. Thirteen beachfront homeowners argued that the Texas General Land Office's attempts to force them to remove their houses from the public right-of-way amounted to property theft. The Land Office, in a similar situation on Galveston Island, argued that state money cannot legally be spent on private property and that the erosion moving houses to the public beach made that beachfront private property. Last year, the court determined that the 1959 Open Beaches Act, which was voted into the state Constitution in 2009 to allow public access to beaches, did not apply in the cases of an avulsive event. Such events could include a storm, which, by no fault of the homeowners, could cause erosion and move their house to the public beach. The court, on Friday, asked the lower court to reconsider its decision in light of last year's ruling.

History of the court

Courthouse of the Texas Supreme Court and the Texas Court of Criminal Appeals in Austin

The Republic of Texas' Constitution created a Supreme Court. The court consisted of a Chief Justice and Associate Justices, who were from the eight district courts of the state. These judges served with the Chief Justice from January 13, 1840 to December 29, 1845. At the end of 1845, Texas was admitted into the Union.

The nine justices are elected to staggered six-year terms in state-wide partisan elections. Elections are held every two years. Three seats (one third of the court) are up for grabs during each biennial election.

2012

To organize the columns, click on the arrows in the column heading.

Candidate	Incumbency	Party	Place	Primary Vote	Election Vote
WaterburyCharles E. Waterbury	No	Green	Place 4		8.1%   D
MedinaDavid Medina	Yes	Republican	Place 4	46.7%
WillettDon Willett   A	Yes	Republican	Place 2	57.7%A	78.8%   A
ChisholmJim Chisholm	No	Green	Place 6		1.3%   D
Pool, Jr.Joe Pool, Jr.	No	Republican	Place 4	28%
DevineJohn Devine   A	No	Republican	Place 4	53.3%A	75.1%   A
AshMark Ash	No	Libertarian	Place 6		3.0%   D
PettyMichele Petty	No	Democratic	Place 6	100%A	41.9%   D
HechtNathan Hecht   A	Yes	Republican	Place 6	100%A	53.7%   A
KoelschRobert Stuart Koelsch	No	Libertarian	Place 2		21.2%   D
SmithSteve Smith	No	Republican	Place 2	42.2%
OxfordTom Oxford	No	Libertarian	Place 4		16.9%   D

2010

See also: Texas judicial elections, 2010

There were three seats on the Texas Supreme Court up for election in 2010 - Places 3, 5, and 9. Then incumbent Justice Harriet O'Neill announced that she would not seek re-election upon the expiration of her term in 2010, opening place 3. Incumbent Justice Paul Green's seat on the bench (Place 5) was up for a vote. Justice Scott Brister's 2009 retirement created an opportunity for the Governor to appoint Eva Guzman to the court in October 2009, who had to defend her seat (Place 9) in the general election .

Republican Debra Lehrmann won election to the open seat, Place 3, defeating Jill Sharp (D) and William Bryan Strange (L).

Texas Supreme Court, Place 3 2010 General election results
Candidates		Votes	Percent
Debra Lehrmann (R)		2,907,796	59.87%
Jill Sharp (D)		1,809,498	37.26%
William Bryan Strange, III (L)		138,857	2.85%

Incumbent Paul Green (R) won re-election to Place 3, defeating Bill Moody (D) and Tom Oxford (L).

Texas Supreme Court, Place 5 2010 General election results
Candidates		Votes	Percent
Paul Green (R)		2,903,359	60.02%
Bill Moody (D)		1,789,646	36.99%
Tom Oxford (L)		144,306	2.98%

Incumbent Eva Guzman (R) won election to Place 9, defeating Blake Bailey (D) and Jack Armstrong (L).

Texas Supreme Court, Place 9 2010 General election results
Candidates		Votes	Percent
Eva Guzman (R)		2,919,054	60.34%
Blake Bailey (D)		1,722,753	35.61%
Jack Armstrong (L)		195,234	4.03%

2008

See also: State Supreme Court elections, 2008

Incumbent Wallace B. Jefferson defeated Democratic challenger Jim Jordan.

Texas Supreme Court 2008 General election results
Candidates		Votes	Percent
Wallace B. Jefferson (R)		n/a	53%
Jim Jordan (D)		n/a	44%

Incumbent J. Dale Wainwright defeated democratic challenger Sam Houston.

Texas Supreme Court, Place 7 2008 General election results
Candidates		Votes	Percent
J. Dale Wainwright (R)		3,926,015	51.1%
Sam Houston (D)		3,525,141	45.88%

Incumbent Phil Johnson defeated Democratic challenger Linda Yanez.

Texas Supreme Court, Place 8 2008 General election results
Candidates		Votes	Percent
Phil Johnson (R)		n/a	52%
Linda Yanez (D)		n/a	45%

Succession of judges

1945 - present

Chief Justice, Place 1

• James P. Alexander (September 21, 1945, to January 1, 1948)
• J. E. Hickman (January 7, 1948, to January 3, 1961)
• Robert W. Calvert (January 3, 1961, to October 4, 1972)
• Joe R. Greenhill (October 4, 1972, to October 25, 1982)
• Jack Pope (November 29, 1982, to January 4, 1985)
• John L. Hill Jr. (January 5, 1985, to January 4, 1988)
• Thomas R. Phillips (January 4, 1988, to September 3, 2004)
• Wallace B. Jefferson (September 20, 2004, to present)

Place 2

• John H. Sharp (September 21, 1945, to December 31, 1952)
• Frank P. Culver Jr. (January 1, 1953, to January 1, 1965)
• Jack Pope (January 4, 1965, to November 29, 1982)
• Ted Robertson (December 2, 1982, to December 31, 1988)
• Lloyd Doggett (January 1, 1989, to December 31, 1994)
• Priscilla R. Owen (January 1, 1995, to June 6, 2005)
• Don R. Willett (August 24, 2005, to present)

Place 3

• Gordon Simpson (September 21, 1945, to March 1, 1949)
• R. H. Harvey (March 1, 1949, to September 8, 1950)
• Robert W. Calvert (September 18, 1950, to January 3, 1961)
• Zollie Steakley (January 3, 1961, to December 31, 1980)
• James P. Wallace (January 1, 1981, to September 1, 1988)
• Eugene A. Cook (September 1, 1988, to December 31, 1992)
• Rose Spector (January 1, 1993, to December 31, 1998)
• Harriet O'Neill (January 1, 1999, to June 20, 2010)

Place 4

• Graham B. Smedley (September 21, 1945, to June 16, 1954)
• Ruel C. Walker (October 19, 1954, to September 30, 1975)
• Ross E. Doughty (October 1, 1975, to December 31, 1976)
• Don Yarbrough (January 1, 1977, to July 1977)
• Charles W. Barrow (July 25, 1977, to September 30, 1984)
• Raul A. Gonzalez (October 8, 1984, to December 31, 1998):
• Alberto R. Gonzales (January 14, 1999, to December 22, 2000)
• Wallace B. Jefferson (April 18, 2001, to September 20, 2004)
• David M. Medina (November 10, 2004, to present)

Place 5

• W. M. Taylor (September 21, 1945, to December 31, 1950)
• Will Wilson (January 2, 1951, to June 1, 1956)
• Abner V. McCall (June 15, 1956, to December 31, 1956)
• James R. Norvell (January 1, 1957, to October 10, 1968)
• Thomas M. Reavley (October 10, 1968, to October 1, 1977)
• T. C. Chadick (October 5, 1977, to December 31, 1978)
• Barbara Culver (February 1, 1988, to December 7, 1988)
• Jack Hightower (December 7, 1988, to January 1, 1996)
• Greg Abbott (January 2, 1996, to June 6, 2001)
• Xavier Rodriguez (September 7, 2001, to November 6, 2002)
• Steven W. Smith (November 20, 2002, to December 31, 2004)
• Paul W. Green (January 1, 2005, to present)

Place 6

• J. E. Hickman (September 21, 1945, to January 5, 1948)
• W. St. John Garwood (January 14, 1948, to December 31, 1958)
• Robert W. Hamilton (January 1, 1959, to December 31, 1970)
• James G. Denton (January 1, 1971, to June 10, 1982)
• Ruby Kless Sondock (June 25, 1982, to December 31, 1983)
• William W. Kilgarlin (January 1, 1983, to December 31, 1988)
• Nathan L. Hecht (January 1, 1989, to present)

Place 7

• C. S. Slatton (September 21, 1945, to October 1, 1947)
• James P. Hart (October 1, 1947, to November 15, 1950)
• Clyde E. Smith (November 15, 1950, to December 31, 1970)
• Price Daniel (January 1, 1971, to December 31, 1978)
• Franklin S. Spears (January 1, 1979, to December 31, 1990)
• John Cornyn (January 2, 1991, to October 18, 1997)
• Deborah Hankinson (October 28, 1997, to December 31, 2002)
• Dale Wainwright (January 1, 2003, to present)

Place 8

• Joe R. Greenhill (October 1, 1957, to October 4, 1972)
• Hawthorne Phillips (October 4, 1972, to December 31, 1972)
• Sam Johnson (January 1, 1973, to October 16, 1979)
• Will Garwood (November 15, 1979, to December 31, 1980)
• C. L. Ray Jr. (November 25, 1980, to December 31, 1990)
• Bob Gammage (January 1, 1991, to August 31, 1995)
• James A. Baker (September 1, 1995, to August 31, 2002)
• Michael H. Schneider (September 6, 2002, to September 20, 2004)
• Phil Johnson (April 11, 2005, to present)

Place 9

• A. J. Folley (September 21, 1945, to April 1, 1949)
• Meade F. Griffin (April 1, 1949, to December 31, 1968)
• Sears McGee (January 1, 1969, to December 31, 1986)
• Oscar H. Mauzy (January 3, 1987, to December 31, 1992)
• Craig T. Enoch (January 1, 1993, to October 1, 2003)
• Scott A. Brister (November 21, 2003, to September 7, 2009)
• Eva Guzman (October 8, 2009 to present)

Under Constitutions of 1845 and 1861

Chief Justices

• John Hemphill (March 1846 -- October 1858)
• Royall T. Wheeler (October 1858 -- April 1864)
• Oran M. Roberts (November 1864 -- June 1866)

Associate Justices

• Abner S. Lipscomb (March 1846 -- November 1856)
• George F. Moore (October 1862 -- June 1866)
• Royall T. Wheeler (March 1846 -- October 1858)
• James H. Bell (October 1858 -- August 1864)
• Reuben A. Reeves (November 1864 -- June 1866)

Under the Constitution of 1866 (1866-1870)

Removed by U.S. military authorities in 1867

• George F. Moore (Chief Justice, August 1866 -- September 1867)
• Richard Coke (August 1866 -- September 1867)
• S. P. Donley (October 1866 -- September 1867)
• Asa H. Willie (August 1866 -- September 1867)
• George W. Smith (August 1866 -- September 1867)

Appointed by U.S. military authorities to replace them

• Amos Morrill (Chief Justice, September 1867 -- July 1870)
• Livingston Lindsay (September 1867 -- July 1870)
• Albert H. Latimer (September 1867 -- November 1869)
• James Denison (January 1870 -- July 1870)
• Colbert Coldwell (September 1867 -- October 1869)
• C. B. Sabin (March 1870, no record of service)
• Andrew J. Hamilton (November 1867 -- October 1869)
• Moses B. Walker (December 1869 -- July 1870)

Under the Constitution of 1868 (1870 - 1876)

July 5, 1870, to January 29, 1874

• Lemuel D. Evans (Chief Justice, July 1870 -- August 1873)
• Wesley Ogden (July 1870 -- August 1873; Chief Justice, August 1873 -- January 1874)
• Moses B. Walker (July 1870 -- January 1874)
• J. D. McAdoo (August 1873 -- January 1874)

January 29, 1874, to April 18, 1876

• Oran M. Roberts (Chief Justice, January 1874 -- April 1876)
• Reuben A. Reeves (January 1874 -- April 1976)
• Thomas J. Devine (January 1874 -- September 1875)
• John Ireland (September 1875 -- April 1876)
• George F. Moore (February 1874 -- April 1876)
• William P. Ballinger (February 3, 1874, resigned same day)
• Peter W. Gray (February 1874 -- April 1876)
• Robert S. Gould (May 1874 -- April 1876)

1876-1945

Chief judges

• Oran M. Roberts (April 1876 -- October 1878)
• George F. Moore (November 1878 -- November 1881)
• Robert S. Gould (November 1881 -- December 1882)
• Asa H. Willie (December 1882 -- March 1888)
• John W. Stayton (March 1888 -- July 1894)
• Reuben R. Gaines (July 1894 -- January 1911)
• Thomas J. Brown (January 1911 -- May 1915)
• Nelson Phillips (June 1915 -- November 1921)
• C. M. Cureton (December 1921 -- April 1940)
• W. F. Moore (April 1940 -- January 1941)
• James P. Alexander (January 1941 -- September 1945)

Associate judges

• Robert S. Gould (April 1876 -- November 1881)
• John W. Stayton (November 1881 -- March 1888)
• A. S. Walker (April 1888 -- January 1889)
• J. L. Henry (January 1889 -- May 1893)
• T. J. Brown (May 1893 -- January 1911)
• W. F. Ramsey (January 1911 -- April 1912)
• Nelson Phillips (April 1912 -- June 1915)
• J. E. Yantis (June 1915 -- March 1918)
• Thomas B. Greenwood (April 1918 -- December 1934)
• John H. Sharp (December 1934 -- September 1945)

• George F. Moore (April 1876 -- October 1878)
• Micajah H. Bonner (November 1878 -- December 1882)
• Charles S. West (December 1882 -- September 1885)
• Sawnie Robertson (October 1885 -- September 1886)
• Reubin R. Gaines (September 1886 -- July 1894)
• Leroy G. Denman (July 1894 -- May 1899)
• F. A. Williams (May 1899 -- April 1911)
• J. B. Bibrell (April 1911 -- January 1913)
• William E. Hawkins (January 1913 -- January 1921)
• William Pierson (January 1921 -- April 1935)
• Richard Critz (May 1935 -- January 1945)
• Gordon Simpson (January 1945 -- September 1945)

See also

• News: Texas Supreme Court wins award, April 30, 2012
• Texas Supreme Court elections
• Courts in Texas
• Texas Court of Criminal Appeals
• Texas Court of Appeals
• Texas District Courts
• Texas Supreme Court elections
• Judicial selection in Texas
• Texas judicial news
• Judicial Activist Organizations in Texas
• Texas blogs

External links

• The Supreme Court of Texas: A Balanced Court -- A Special Issue Report (October 2008)
• Interstate Comity: Cheers for Texas
• Texas Supreme Court Official Site
• Website of the Texas Court of Criminal Appeals
• 2008 Judicial Elections Page
• Administration of judiciary in Texas
• Supreme Court of Texas blog
• Texas Supreme Court Webcasts - St. Mary University School of Law
• The Texas Reports, the decisions of the Texas Supreme Court from 1846 to 1885, hosted by the Portal to Texas History
• Texas Judiciary page from The Handbook of Texas Online
• Texas Supreme Court Historical Society
• Texas SC Opinions
• Texas high court: Removal of sect kids 'not warranted', CNN.com

References