Supreme Court of Texas Decisions

Unlike every other state except Oklahoma, Texas divides its highest court into two entities. While the Texas Supreme Court resolves appeals of civil matters, the Texas Court of Criminal Appeals resolves appeals of criminal cases. The Texas Supreme Court dates from 1836, when Texas was an independent republic that had not yet joined the U.S. In addition to holding mandatory jurisdiction over writs of habeas corpus and mandamus, it handles matters involving discipline in the legal profession and answers questions related to Texas law that have been certified from a federal appellate court.

The Supreme Court has discretionary jurisdiction over appeals of other cases. It generally focuses on cases that raise questions regarding a significant legal issue. Meanwhile, the Court of Criminal Appeals has discretionary jurisdiction over all criminal cases except those that involve a death sentence or other issues that affect the liberty of a defendant, which it must review.

To serve on the Supreme Court or the Court of Criminal Appeals, a candidate must be a resident of Texas and licensed to practice law in the state. They also must be a U.S. citizen between the ages of 35 and 74, and they must have served as an attorney or a judge for at least 10 years. Nine justices serve on each court, although no justice represents a specific judicial district. Texas uses partisan elections to elect its justices, each of whom serves a six-year term. In a partisan election, the party affiliation of the candidate appears on the ballot.

If a vacancy arises, the Governor of Texas will appoint a replacement justice to serve until the next general election. The Texas Senate must confirm the appointment if it is in session. The Chief Justice of the Supreme Court and the Presiding Judge of the Court of Criminal Appeals run for those specific positions in the general election.