Two new statewide courts, the Business Court and the Fifteenth Court of Appeals, opened their doors on September 1, 2024. I recently served as course director for a brand-new TexasBarCLE program—Handling Your First (or Next) Business Court Case—focused on educating lawyers about these courts. The course was held on December 12, 2024, at the Texas Law Center in Austin and was streamed online.
Overview and Webcast Replay Option
The course provided an overview of the new Texas Business Court and practical advice for lawyers with cases falling within its jurisdiction. Featured speakers included three Business Court judges (Presiding Judge Grant Dorfman, Judge Sofia Adrogué, and Judge Jerry Bullard) and all three justices from the Fifteenth Court of Appeals, which has exclusive jurisdiction over cases from the Business Court. Presenters offered historical perspectives on the courts’ creation and insight from their first few months of operation.
The program is now available for purchase in the TexasBarCLE online library. Texas lawyers who complete it online will receive 5.75 hours of CLE credit, which includes one hour of ethics.
Fifteenth Court of Appeals Panel
In addition to my duties as course director, I moderated a Fifteenth Court of Appeals panel featuring Chief Justice Scott Brister, Justice April Farris, and Justice Scott Field. The one-hour discussion was entitled “Fifteen Questions About the Fifteenth Court of Appeals.”
The panel began with a historical overview, highlighting that this is Texas’s first new intermediate appellate court in 60 years and its first with statewide jurisdiction. The justices shared their experiences building the Court from scratch, including staffing, facilities, and the complexities of its unique jurisdiction, which primarily involves certain business-related cases and constitutional challenges.
The discussion explored the Court’s early operational challenges, including its lack of a dedicated courtroom. The panelists addressed jurisdictional issues, including concurrent jurisdiction with other appellate courts, legislative complexities, and procedural nuances in docketing and case transfers. The justices also discussed their docket, composed primarily of intricate administrative and business-related cases, emphasizing their commitment to consistency and efficiency.
Finally, the panel touched on the Court’s early work, including its initial opinions, procedural rules, and the practical challenges of citation formats and court operations. The justices expressed aspirations for a dedicated courtroom and called for legislative guidance to resolve procedural ambiguities. They also encouraged practitioners to cite Texas Supreme Court authority when possible, given that the Fifteenth Court is just beginning to develop its own body of precedent.
Takeaway
As the Business Court and Fifteenth Court of Appeals continue to develop and evolve, Texas lawyers have an unprecedented opportunity to shape the legal landscape for complex commercial disputes. The insights from this new TexasBarCLE course and the direct input from the judges leading these courts are a powerful resource for practitioners looking to stay ahead of the curve.