Texas Supreme Court

Texas Supreme Court
Court information
Justices:	9
Judicial selection
Method:	Partisan election of judges
Term:	6 years
Active justices
Wallace Jefferson  •  Don Willett  •  David Medina  •  Paul Green  •  Nathan Hecht  •  Dale Wainwright  •  Phil Johnson  •  Eva Guzman  •  Debra Lehrmann  •
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.^[1]

Justices

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.

2012 election

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."^[1]

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. ^[2]

Caseloads

^[3]

"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."^[1]

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. ^[4]

Notable decisions

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.^[5]

The nine justices are elected to staggered six-year terms in state-wide partisan elections.^[6] Elections are held every two years. Three seats (one third of the court) are up for grabs during each biennial election.

2012

See also: Texas judicial elections, 2012

The Texas judicial elections of 2012 consist of a Primary Election on May 29, 2012 and a General Election on November 6, 2012.

There are three seats on the Texas Supreme Court up for election in 2012 - Places 2, 4, and 6.

• Justice Don Willett (R) is currently in Place 2.
• Justice David Medina (R) is currently in Place 4.
• Justice Nathan Hecht (R) is currently in Place 6.

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 . ^[7]

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 reelection 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^[8]

• 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^[9]

• 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^[10]

• 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^[11]

• 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^[12]

• 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^[13]

• 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^[14]

• 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^[15]

• 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^[16]

• 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^[17]

• 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^[18]

• 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)