What do Texas appellate courts do?

The Appellate Division of the Taylor County Criminal District Attorney's Office represents the State of Texas in all direct appeals of felony convictions in the 42nd, 104th, and 350th District Courts of Taylor County, as well as all misdemeanor convictions from Taylor County Courts at Law 1 and 2. The Appellate Division is also responsible for appeals by the State in cases in which the trial court has granted a pretrial motion to suppress, quashed the indictment charging the defendant with an offense, or granted a new trial. Additionally, the office is responsible for civil appeals from the 326th District Court in cases where parental rights have been terminated due to abuse or neglect, as well as civil forfeiture cases involving the seizure of contraband, assets, or proceeds of a crime.

Appeals are decided by the fourteen appellate courts of the State; appeals from Taylor County courts are heard by the 11th Court of Appeals in Eastland, Texas, and occasionally other courts of appeal by assignment. The Appellate Division argues before the court of appeals in written briefs and appears for oral argument on the briefs when requested to do so by the court. After the courts of appeal issue an opinion in a case, either party may seek further review of the decision. Further appeals of criminal cases are heard by the Texas Court of Criminal Appeals, and further appeals in termination and other civil cases are heard by the Supreme Court of Texas. In addition to appeals, the Appellate Division assists trial prosecutors regarding questions of procedural and substantive law that may arise during investigation or trial.

In the federal system, 94 district courts are organized into 12 circuits, or regions. Each circuit has its own Court of Appeals that reviews cases decided in U.S. District Courts within the circuit. The U.S. Court of Appeals for the Federal Circuit brings the number of federal appellate courts to 13. This court takes cases from across the nation, but only particular types of cases.

The Supreme Court of the United States hears about 100 to 150 appeals of the more than 7,000 cases it is asked to review every year. That means the decisions made by the 12 Circuit Courts of Appeals across the country and the Federal Circuit Court are the last word in thousands of cases.

How Appellate Courts are Different from Trial Courts

At a trial in a U.S. District Court, witnesses give testimony and a judge or jury decides who is guilty or not guilty — or who is liable or not liable. The appellate courts do not retry cases or hear new evidence. They do not hear witnesses testify. There is no jury. Appellate courts review the procedures and the decisions in the trial court to make sure that the proceedings were fair and that the proper law was applied correctly.

The Right to Appeal

An appeal is available if, after a trial in the U.S. District Court, the losing side has issues with the trial court proceedings, the law that was applied, or how the law was applied. Generally, on these grounds, litigants have the right to an appellate court review of the trial court’s actions. In criminal cases, the government does not have the right to appeal.

Grounds for Making an Appeal

The reasons for an appeal vary. However, a common reason is that the dissatisfied side claims that the trial was conducted unfairly or that the trial judge applied the wrong law, or applied the law incorrectly. The dissatisfied side may also claim that the law the trial court applied violates the U.S. Constitution or a state constitution.

Roles and Terms

The side that seeks an appeal is called the petitioner. It is the side that brings the petition (request) asking the appellate court to review its case. The other side is known as the respondent. It is the side that comes to court to respond to and argue against the petitioner’s case.

Preparing for an Appellate Argument

Before lawyers come to court to argue their appeal, each side submits to the court a written argument called a brief. Briefs can actually be lengthy documents in which lawyers lay out the case for the judges prior to oral arguments in court. 

What is Texas' court structure?

State Courts

Texas' court system has three levels: trial, appellate, and supreme.

Trial: The trial level, or local, courts are the most numerous, consisting of over 450 state district courts, over 500 county courts, over 800 Justice of the Peace courts, and over 900 municipal courts. These courts handle the vast majority of legal matters in Texas. For more information about Texas trial courts, see here.

Appellate: Most cases start out at the trial level, and most end there as well. However, if a party is unhappy with the outcome of their case, they can appeal it to one of the 14 state appellate courts. The appellate court will review the trial court's work and decide whether to consider the appeal. If a party is unhappy with the outcome of the appellate case, they can appeal it further up to the one of the courts of last resort.

Supreme: Unlike most states, Texas has two courts of last resort, also called supreme courts. Like the appellate courts, these courts consider cases that are appealed from the lower courts. They also hear cases appealed from the federal Fifth Circuit courts. The Texas Supreme Court hears civil appeals, while the Texas Court of Criminal Appeals hears criminal cases, including death penalty appeals.

Federal Courts

Trial: There are four federal district courts in Texas. They consist of the United States District Courts for the Northern District of Texas, the Eastern District of Texas, the Southern District of Texas, and the Western District of Texas.

Appellate: Texas is part of the Fifth Circuit Court of Appeals, which hears all appeals from these federal district courts.

Supreme: Appeals from decisions rendered by the Fifth Circuit Court of Appeals go to the U.S. Supreme Court or, in some circumstances, the Texas Supreme Court or Texas Court of Criminal Appeals.

What do Texas appellate courts do?

What do Texas appellate courts do?

The Texas Courts of Appeals are a set of 14 appellate courts in the Texas judicial system with intermediate jurisdiction in civil and criminal cases that are appealed from the lower district or county courts.[1]

"The first intermediate appellate court in Texas was created by the Constitution of 1876, which created a Court of Appeals with appellate jurisdiction in all criminal cases and in all civil cases originating in the county courts. In 1891, an amendment was added to the Constitution authorizing the Legislature to establish intermediate courts of civil appeals located at various places throughout the State. The purpose of this amendment was to preclude the large quantity of civil litigation from further congest- ing the docket of the Supreme Court, while providing for a more convenient and less expensive system of intermediate appellate courts for civil cases. In 1980, a constitutional amendment extended the appellate jurisdiction of the courts of civil appeals to include criminal cases and changed the name of the courts to the 'courts of appeals.'"[2]

Jurisdiction

The state of Texas is divided into 14 regions, and each court has jurisdiction over cases in its geographic area.

What do Texas appellate courts do?

Judges

The number of judges serving on each court is defined by statute and varies from three to 13. At a minimum, "each Court is presided over by a chief justice and has at least two other justices."[1] There are 80 judges authorized by statute for the 14 Courts of Appeals. Most cases are only heard by three justices; cases only require the full slate of justices in extreme circumstances.[1][3]

Judicial selection

See also: Partisan election of judges and Judicial selection in Texas

Judges serve six-year terms and are elected through partisan elections. Vacancies between elections are filled by the governor, with advice and confirmation by the Senate.[4]

Qualifications

The qualifications to be an appellate judge are:[4]

  • Citizen of the United States and of Texas
  • Between the ages of 35 and 74
  • A practicing lawyer, or lawyer and judge of court of record together, for at least 10 years

Salary

Salaries of elected state judges in Texas are set by the state legislature. Effective September 1, 2013, the base salary for an appeals court justice is $154,000, up from $140,000. Chief justices make an additional $2,500. Further, appeals court justices have the potential to earn up to an additional $9,000 annually that can be paid by the counties in which they preside for extra judicial services performed.[5]

The annual state salary for justices on the Courts of Appeals is set at 110 percent of the salary of district judges.[5]

After completing 16 years of service, Texas judges are entitled to monthly longevity pay. The pay is 3.1 percent of their monthly state salary for each year of service credited in the retirement system after the first 16 years.[5]

Elections

To see election results, please visit the individual court pages.

2022

See also: Texas intermediate appellate court elections, 2022

The terms of 20 Texas intermediate appellate court judges will expire on December 31, 2022. The 20 seats are up for partisan election on November 8, 2022. A primary was scheduled for March 1, 2022. A primary runoff was scheduled for May 24, 2022.

Judges with expiring terms

This is a list of the judges who must stand for partisan election in 2022 in order to remain on the bench. Judges may choose not to stand for election. The list is subject to change if judges retire or are appointed.

First District Court of Appeals

April Farris
Sherry Radack

Second District Court of Appeals

Elizabeth Kerr

Third District Court of Appeals

Melissa Goodwin

Fourth District Court of Appeals

Lori I. Valenzuela
Irene Alarcon Rios

Fifth District Court of Appeals

Lana Myers
David Schenck

Sixth District Court of Appeals

Josh Morriss
L. Charles van Cleef

Seventh District Court of Appeals

Lawrence Doss
Alex Yarbrough

Eighth District Court of Appeals

Jeff Alley

Ninth District Court of Appeals

Charles Kreger

Tenth District Court of Appeals

Steve Smith

Eleventh District Court of Appeals

W. Stacy Trotter

Twelfth District Court of Appeals

Brian Hoyle

Thirteenth District Court of Appeals

Leticia Hinojosa

Fourteenth District Court of Appeals

Kevin Jewell
Randy Wilson

2020

See also: Texas intermediate appellate court elections, 2020

The terms of 21 Texas Courts of Appeals justices expired on December 31, 2020. The 21 seats were up for partisan election on November 3, 2020. A primary was scheduled for March 3, 2020, and a primary runoff was scheduled for July 14, 2020. A full term on the court is six years.

Voided primary

A primary for Texas' Seventh District Court of Appeals Place 4 special election was originally scheduled for and held on March 3, 2020. Because the race was left off of the primary ballots provided by the Texas Secretary of State office to the Republican Party county chairs of Cochran and Collingsworth counties, the Republican primary voters in those counties were not able to vote in the primary contest. In the March 3 primary, incumbent Lawrence Doss received 45,676 votes and candidate Steven Denny received 45,973 votes, with Denny winning by a margin of 297 votes.[6][7]

On March 12, 2020, Doss filed a challenge to the election results in Potter County. The trial court held that due to the Secretary of State election official's mistake, eligible voters in the affected counties were prevented from voting and the "true outcome" of the primary election could not be certain.[6]

On April 1, 2020, the trial court entered its final judgment that the March 3 primary election be voided and that candidates Doss and Denny must have a do-over election in the entire 46-county area served by the Seventh District Court of Appeals.[6]

On appeal, the Second District Court of Appeals affirmed the ruling of the trial court, holding that the number of disenfranchised voters exceeded the margin of difference between the votes cast in the primary. Because the trial court could not make certain the election's true outcome, the statutory remedy would be to void the election and order a new one. The new primary election was ordered to take place on July 14, 2020, the same day as the Republican Party primary runoff election.[6]

Ethics

The Texas Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in Texas. 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 the Texas Code of Judicial Conduct can be found here.

Removal of judges

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

  • Removal or retirement by a review tribunal upon a Texas 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 the governor on the address of two thirds of the Texas Senate and the Texas House of Representatives.
  • By a two-thirds vote of the Senate, upon impeachment by a majority vote of the House.[9]

State profile

What do Texas appellate courts do?

Demographic data for Texas
 TexasU.S.
Total population:27,429,639316,515,021
Land area (sq mi):261,2323,531,905
Race and ethnicity**
White:74.9%73.6%
Black/African American:11.9%12.6%
Asian:4.2%5.1%
Native American:0.5%0.8%
Pacific Islander:0.1%0.2%
Two or more:2.5%3%
Hispanic/Latino:38.4%17.1%
Education
High school graduation rate:81.9%86.7%
College graduation rate:27.6%29.8%
Income
Median household income:$53,207$53,889
Persons below poverty level:19.9%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Texas. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Texas

Texas voted Republican in all six presidential elections between 2000 and 2020.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot 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.[10]

Pivot Counties (2020)

In 2020, 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 as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang 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

The link below is to the most recent stories in a Google news search for the terms Texas Courts Appeals. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

See also

  • Texas Judicial System, "Texas Court of Appeals"

  1. ↑ 1.0 1.1 1.2 Texas Judicial Branch, "Courts of Appeals," accessed October 20, 2015
  2. Texas Office of Court Administration, "FY 2010 Annual Report for the Texas Judiciary," December 2010
  3. Texas Judicial Branch, "Profile of Appellate and Trial Judges"
  4. ↑ 4.0 4.1 Texas Judicial Branch, "Judicial Qualifications, Selection and Terms of Office," archived September 10, 2014
  5. ↑ 5.0 5.1 5.2 Texas Judicial Branch, "2014 Annual Report for the Texas Judiciary: Salaries of Elected State Judges," 2014
  6. ↑ 6.0 6.1 6.2 6.3 Texas Second District Court of Appeals, Steven Denny v. The Honorable Lawrence M. 'Larry' Doss, Justice, 7th Court of Appeals, Place 4, decided April 30, 2020
  7. Texas Secretary of State, "Texas Election Results," accessed May 15, 2020
  8. Texas Judicial Branch, "Texas Code of Judicial Conduct," amended August 22, 2002
  9. National Center For State Courts, "Methods of Judicial Selection: Texas: Removal of Judges," accessed October 20, 2015
  10. The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.