Houston Appeals Court
Justices - Background
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COURT PROFILE
First and Fourteenth Court of Appeals

Parallel Courts of Appeals Houston is
served by two appellate courts with
overlapping jurisdiction, the
First Court of
Appeals and the Fourteenth Court of
Appeals. The rationale for two courts is the
large caseload from Harris County and
surrounding counties. Although the merger
of the two courts into one super-court has
been proposed, the idea does not command
unanimous support among the current
incumbents. There is also a certain degree
of rivalry and competition between the two
appellate courts, which sometimes reach
different conclusions on the same legal
issues, thus providing occasion for the
Supreme Court to resolve the conflict.

Location. The Houston courts of appeals  
are currently located on different floors in the
same building that houses the South Texas
College of Law, a private law school. The
First and Fourteenth Court of Appeals are
expected to move to the Old Harris County
Civil Courthouse once restoration and
remodeling work is completed. (see photo
top right). The civil district courts and the civil
county courts at law vacated that building
and moved to much more spacious quarters
in the new high-rise
Harris County Civil
Courthouse in 2006.

Court size and membership. The
intermediate courts of appeals in Texas vary
considerably in size. The smallest appellate
courts have only three members. The
Houston courts of appeals both are three
times as large. The Texas Supreme Court
also has nine members. Both courts hear
criminal and civil cases in panels of three.
The Supreme Court only hears civil matters.

How do judges get on the court? Judges
and justices are elected in Texas. Vacancies,
however, are filled by gubernatorial
appointment, a frequent occurrence. An
appointed justice must stand for election in
order to retain his or her position. In recent
years the Governor has appointed lower
court judges to vacancies on a higher court,
thus creating to opportunity to make
additional appointments. Barring a major shift
in party support in the electorate, incumbents
have a great advantage in the ensuing
elections. They are rarely defeated, if even
challenged. A notable recent exception is
Justice Sam Nuchia, who was defeated in the
2008 Republican primary. Although he
enjoyed high name recognition because he
had previously served as Houston Police
Chief, he rated poorly in bar polls.

Civil and criminal appeals. Like their sister
courts, the Houston Courts of Appeals hear
both civil and criminal cases from the trial
courts below. Cases are assigned randomly.
Subsequent appeals are now transferred to
the court in which the first proceeding was
filed, even if randomly assigned to the other
court. Oral argument, however, is rare. Most
cases are either heard by submission on the
briefs (in conference) or dismissed with a
one-page pro forma opinion instead of an
opinion on the merits of the appealable
issues. Many cases are dismissed, often for
nonpayment of all required fees, or because
a settlement is reached.

In addition to their jurisdiction to hear
appeals from final judgments, the Houston
courts of appeals have appellate jurisdiction
to review interlocutory order when a statute
authorizes such appeals. See, e.g. Tex. Civ.
Prac. & Rem. Code §51.014.

Demographic, social, and philosophical
diversity on the Houston courts of
appeals.
Both appeals courts currently (as
of 2008) have female chief justices and
female majorities. Most appeals, however,
are decided by three-judge panel, which vary
in their composition. Opinions rarely change
as a result of en banc motions for rehearing.
The best-known case was the constitutional
challenge to the Texas sodomy status, which
was subsequently resolved by the U. S.
Supreme Court, but caused rancor among
the membership of the court when
considered by that court under the Texas
Equal Rights Amendment.

Minority representation on the courts of
appeals.
The Fourteenth Court of Appeals
has one Hispanic member,
Justice Eva
Guzman, who previously served as a family
district court judge in the Harris County
Family Law Center. The only black member
on a Houston appellate bench is the Hon.
George C. Hanks, Jr..
Justice Hanks is
making a name for himself through his
innovative jurisprudence on cutting-edge
legal issues and is being discussed as a
prospect for higher state of federal judicial
appointment. He has demonstrated the
intellectual and moral fiber to disagree with
holdings of the Texas Supreme Court. In
2006 Justice Hanks wrote a precedent-
setting opinion that carves out an exception
to the blanket immunity of governmental
entities to private suits in the absence of a
statutory waiver.

Party affiliation of judges and career
background.
Although they differ in sex,
age, family status, in professional
background and in other respects, all current
(2008) members of the Houston courts of
appeals are Republicans. All are lawyers,
which is an eligibility requirement. Several
previously served in the Harris County
District's attorney's office  and/or as district
court trial judges. The Justices do not always
see eye to eye on the issues raised in the
cases before them, but dissenting and
concurring opinions are not very frequent.

See:
Dissent and Concurrences in the First Court
Dissents and Concurrences in the Fourteenth Court

Membership Turnover: Resignations,
Appointments, and 2008 Campaigns and
Elections
Two justices on each court were up for
re-election in 2008. Two newly appointed
justices (
Jeff Brown, who replaced Harvey
Hudson, and Bill Boyce, who was appointed
to
Richard Edelman's seat) had to win in the
general election to serve the remainder of
their unexpired terms. Both beat their
Democratic opponents. Hudson and Edelman
resigned before their terms were up and thus
created an opportunity for the Governor to
appoint Republican replacements prior to the
2008 election.
Brown was a district judge in
Harris County prior to his appointment.
Boyce is an appellate attorney. Another
long-serving justice,
Tim Taft, is retiring at
the end of April 2009, thus creating another
opportunity for the Governor to appoint
another Republican jurist to the appellate
bench. In June 2009, the Governor's Office
announced the appointment of
Michael C.
Massengale, to fill the vacant bench. He will
face the voters in the next general elections.
      
houston-opinions.com  

CONTRADICTORY PRECEDENTS

The Houston Courts of Appeals do not always agree on the same legal issues,
and say so expressly. In a recent second appeal from a case in which CPS
sought to terminate a mother's rights,
Justice Richard Edelman of the Fourteenth
Court of Appeals parted ways with the First Court of Appeals and instead
embraced the position of the dissenting justice on that court:

"The First Court of Appeals has issued at least one opinion holding, as C.M.
contends, that where a challenge to a parental termination is sustained, the
appointment of DFPS as sole managing conservator must also be reversed, even
though unchallenged.  See Colbert v. Dep't of Family & Protective Servs.,  __
S.W.3d __, __ (Tex. App.-Houston [1st. Dist] 2006, no. pet.).  We disagree with
that holding and agree instead with the dissent in that case that where a parent
fails to challenge and overturn a trial court's conservatorship decision, his or her
only recourse is to seek a modification.  See id. at __ (Jennings, J., dissenting)."

In the Interest of J.R. and B.R., No. 14-05-01216-CV (Tex.App.- Houston [14th Dist.] Apr. 10,
2007)
DFPS - Department of Family & Protective Services (CPS)
Colbert v. DFPS (Tex.App.- Houston [1st Dist. Dec. 21, 2006)(majority opinion by Nuchia)
Jennings Dissent in Colbert v. DFPS (Tex.App.- Houston [1st Dist. Dec. 21, 2006)(Jennings
Dissent)

Justice Frost criticizes peers for not addressing contradictory rulings by
different panels of the Fourteenth Court of Appeals, Would grant en
banc review to resolve the conflict

The court hears cases in panels consisting of three justices each. A panel's
decision and opinion nevertheless represents the court's disposition of the case.
Here, Justice Frost notes that different panels have reached opposite
conclusions on the same legal issue. En banc review provides a means to
eliminate contradictory holdings and establish clear precedent.

In the Interest of J.A.J., (Tex.App. - Houston [14th Dist.] May 10, 2007)(Dissenting
opinion by
Justice Frost)(termination of parental rights)
Before Chief Justice Hedges, Justices Brock Yates, Anderson, Hudson, Fowler,
Edelman, Frost, Seymore, Guzman and Mirabal
14-04-01031-CV In the Interest of J.A.J
Appeal from 314th District Court of Harris County (Judge John Phillips)
En banc review of this case is necessary to secure and maintain the uniformity of
this court's decisions.

The same issue is before the First Court of Appeals on motion for en banc
rehearing.
See Colbert v. Dep't of Family & Prot. Servs., (Tex.App.- [1st. Dist.]
Dec. 21, 2006, no pet. h.) (Jennings, J., concurring and dissenting)

UPDATE: Supreme Court resolves the conflict

In Interest of J.A.J., No. 07-0511 (Tex. Nov. 2, 2007)(O'Neill)(termination of
parental rights; from Harris County; 14th district (14-04-01031-CV, 225 SW3d
621, 05/10/07)
THE HOUSTON COURTS OF APPEALS AND THEIR MEMBERS
Houston Opinions
WHICH FIRST COURT OF APPEALS
JUSTICES WERE UP FOR
RE-ELECTION IN 2008 AND WHAT
WAS THE OUTCOME?
MEMBERSHIP CHANGE THROUGH PRIMARY
AND GENERAL ELECTION PROCESS
Incumbent Justice  Sam Nuchia (R)
was defeated in the Republican Primary by
Challenger
Ed Hubbard (R)
In the general election, however, Democratic
Opponent
Jim Sharp (D) won the race.

Republican Incumbent Justice
Laura Higley
(R) successfully defended her bench against
Democratic Challenger
Leslie C. Taylor (D)

PERSONNEL CHANGE WITHOUT ELECTION
In 2009 Incumbent Justice Tim Taft retired
and was replaced by
Michael Massengale by
gubernatorial appointment.
FOURTEENTH COURT OF
APPEALS JUSTICES WHOSE
TERMS EXPIRED IN 2008:
Chief Justice Adele O. Hedges (R) prevailed
over Democratic Challenger
Joe W. Beverly
Justice Kem T. Frost (R) fought off
Democratic Opponent
Martin J. Siegel (D)
CONTESTS INVOLVING UNEXPIRED TERMS:
Republican appointee  Justice William Boyce
(R) successfully defended bench against
Democratic opponent
Mary M. Markantonis (D)
Incumbent
Justice Jeff Brown (R) secured a
majority of votes in contest with Democratic
Challenger
Bert C. Moser (D)
MEMBERSHIP CHANGE WITHOUT ELECTION
Justice Wanda Fowler resigned August 2008 -
too late for her seat to be filled in the November
election. Republican Governor appointed
Kent
Sullivan, a former district court judge, to take
over Fowler's seat.
Several members on the Houston courts of
appeals are up for re-election, or must face the
voters for the first time, if appointed, in order to
retain their job for the remainder of the term.
Challengers are shown on pages for individual
justices, and below, with links to campaign
websites (if any)
HOUSTON COURTS OF APPEALS NEWS ITEMS
June 2009 - Governor names replacement for Taft.
April 2009 -
Justice Tim Taft steps down from First
Court of Appeal prior to expiration of current term,
thus creating opportunity for Governor Rick Perry to
appoint a Republican replacement. Following the
2008 general election, the previously all-Republican
Court now has one Democratic member, Justice
Jim Sharp.

Nov. 7, 2008 - Governor appoints
former District
Judge Kent Sullivan to Fourteenth Court of Appeals
Sep. 10, 2008 - Houston Chronicle reports that
Justice Wanda Fowler resigned; Governor to name
replacement as deadline for November election has
passed.

Recently Appointed Justice Bill Boyce delivers first
civil appellate opinion    
Appointee Jeff Brown issues first memorandum
opinion in civil case    
Governor appoints Jeff Brown to appeals court seat
vacated by Justice Harvey Hudson
Gov. nominates Bill Boyce to replace Hon. Richard
Edelman on the Fourteenth Court of Appeals   
FOURTEENTH
COURT OF APPEALS
Chief Justice Adele Hedges
Justice John Anderson
Justice William Boyce (appointed 2007,
elected 2008)
Justice Edelman (resigned 2007)
Kent Sullivan (appointed Nov 7, 2008)
Justice Wanda Fowler (resigned Aug 2008)
Justice Eva M. Guzman
Justice Jeff Brown
Justice Harvey Hudson (resigned 2007)
Justice Charles W. Seymore
Justice Kem Thompson Frost
Justice Leslie Brook Yates
Concurrences and Dissents
FIRST
COURT OF APPEALS
Chief Justice Sherry Radack
Justice Elsa Alcala
Justice Jane N. Bland
Justice George C. Hanks, Jr.
Justice Laura Carter Higley
Justice Terry Jennings
Justice Evelyn Keyes
Justice Sam Nuchia (term ended 2008)
Jim Sharp (won election in Nov. 2009 in
contested race and assumed office in Jan.
2009)
Justice Tim Taft retired April 2009; replaced
by Michael Massengale appointed by the
Texas Governor)
FOURTEENTH
COURT OF APPEALS DECISIONS
January 2008 Decisions
February 2008 Decisions
March 2008 Decisions
April 2008 Decisions
May 2008 Decisions
June 2008 Decisions
July 2008 Decisions
August 2008 Decisions
September 2008 Decisions
October 2008 Decisions
November 2008 Decisions
December 2008 Decisions
January 2009 Decisions
February 2009 Decisions
March 2009 Decisions
April 2009 Decisions
May 2009 Decisions
June 2009 Decisions
2007 Fourteenth Court Opinions
2008 Fourteenth Court Opinions
Old Harris County Civil Courthouse
FIRST
COURT OF APPEALS OPINIONS
January 2008 Decisions
Feburary 2008 Decisions
March 2008 Decisions
April 2008 Decisions
May 2008 Decisions
June 2008 Decisions
July 2008 Decisions
August 2008 Decisions
September 2008 Decisions
October 2008 Decisions
November 2008 Decisions
December 2008 Decisions
January 2009 Decisions
February 2009 Decisions
March 2009 Decisions
April 2009 Decisions
May 2009 Decisions
June 2009 Decisions
2007 First Court of Appeals Opinions
2008 First Court of Appeals Opinions
Houston Appellate Justices (alphabetical
order - last name)

Justice Alcala, Elsa
Justice Anderson, John
Justice Bland, Jane
Justice Brown, Jeff
Justice Boyce, William (Bill)  
Justice Edelman, Richard (former)
Justice Fowler, Wanda (former)
Justice Frost, Kem Thompson
Justice Guzman, Eva
Justice Hanks, George C., Jr.
Chief Justice Hedges, Adele
Justice Higley, Laura Carter
Justice Hudson, Harvey J. (former)
Justice Jennings, Terry
Justice Keyes, Evelyn
Justice Massingale, Michael C.
Justice Nuchia, Sam (former)
Chief Justice Radack, Sherry
Justice Seymore, Charles
Justice Sharp, Jim
Justice Sullivan, Kent
Justice Taft, Timothy (Tim)
Justice Yates, Leslie Brock

Links to 2009 Appellate Opinions in Civil
Cases by 1st Court of Appeals Justices

Chief Justice Sherry Radack
Justice Tim Taft
Justice Michael Massengale
Justice Sam Nuchia
Justice Terry Jennings
Justice Evelyn Keyes
Justice Elsa Alcala
Justice George C. Hanks, Jr.
Justice Laura Carter Higley
Justice Jane Bland    

Links to 2008 Opinions by Justices
of the First Court of Appeals,  
in Civil Appeals

Chief Justice Sherry Radack
Justice Tim Taft
Justice Sam Nuchia
Justice Terry Jennings
Justice Evelyn Keyes
Justice Elsa Alcala
Justice George C. Hanks, Jr.
Justice Laura Carter Higley
Justice Jane Bland    

Fourteenth Court of Appeals Justices'
2009 Civil Case Opinions

Chief Justice Adele Hedges
Justice John Anderson
Justice Richard Edelman
Justice Bill Boyce
Justice Wanda Fowler (former)
Justice Kent Sullivan  
Justice
Eva M. Guzman
Justice J. Harvey Hudson
Justice Jeff Brown
Justice Charles W. Seymore
Justice Kem Thompson Frost
Justice Leslie Brock Yates