Appellate Law

Breaking Down the SCOTX Shakeup

By D. Todd Smith

It seems like something this newsworthy happens every time I go on vacation and unplug for a while.

In the wake of Justice Harriett O'Neill's decision not to stand for re-election in 2010, Justice Scott Brister (pictured) has announced that he will be leaving the Texas Supreme Court in a few weeks to re-join Andrews Kurth and head the firm's appellate practice.  Whereas Justice O'Neill's departure will create an open seat, Justice Brister's decision to leave before his term expires will allow the governor to appoint a replacement, who will then have the privilege of running as the incumbent in 2010.

The candidates are already lining up for both spots.  In addition to Justices Jim Moseley (Dallas) and Rick Strange (Eastland), Justice Jeff Brown (Houston), Justice Rebecca Simmons (San Antonio), Justice Rose Vela (Corpus Christi), and Judge Debra Lehrmann (Fort Worth)—all Republicans—are in the mix.

The Democrats have not been as quick to throw their hats into the ring, but Judge Bill Moody (El Paso) and Justice Jim Sharp (Houston) have been mentioned as possibilities.

Rumors are circulating that as many as two more vacancies could be announced in the coming weeks.  I'll leave debate on that topic to the political and gossip blogs, but it's worth mentioning that the supreme court may be entering a period of instability unlike what we've seen in recent years.  High turnover during the first half of this decade is frequently cited as contributing to what some perceive as a very slow-moving docket.

Full post as published by Texas Appellate Law Blog on August 25, 2009 (boomark / email).