Any serious Texas Supreme Court follower knows that the Court isn’t the only institution in that courthouse. Osler McCarthy, the Court’s staff attorney for public information, is another one. Many court watchers wait eagerly on Friday mornings for Osler’s order summary email before reading the Court’s opinions for themselves. But, that position did not
The mixing of politics and judicial selection has been a part of Texas history from the beginning. Political parties continue to influence judicial appointments and elections, and money is always a significant factor. In recent years, though, many have sought to reform the system. In this week’s episode, former Texas Supreme Court Chief Justice Tom
For over a decade, the Texas Supreme Court has tightened the proof necessary to recover attorney fees in Texas. That, coupled with Legislative expansion of fee shifting, makes understanding the standard even more important. This is particularly true about appellate fees, which, unlike federal court, must be estimated and proven before the appeal. This week
Growing up in meager circumstances, Judge Don Willett never imagined he would serve as the Tweeter Laureate of Texas or, more notably, as a justice on the Texas Supreme Court and now on the Fifth Circuit Court of Appeals. Judge Willett credits his rise to the work ethic and sacrifices of his mother—a widow who worked long hours as
Courts often grapple with what the Legislature intended when it used particular words in a statute. Because the Legislature only speaks through its enactments, answering that question requires a number of tools and methods. Attorneys can give their clients the best advice and a distinct advantage in litigation by understanding and mastering statutory interpretation tools.
So often, trial lawyers are expected to do it all when trying a case—prepping and examining witnesses, arguing motions, making objections, and preserving the record. This translates to early mornings, late nights, and opportunities for things to get overlooked. Having another set of eyes (and a different skill set) can not only lighten trial counsel’s
Attorneys are skilled at painting pictures with words. But that can only get them so far. As technology has improved, so too has the opportunity to enrich briefing with visual aids—pictures, charts, videos, and animation. As courts move to electronic filings and briefs, attorneys who fail to adapt will get left behind. In this episode
With a background as a U.S. Supreme Court law clerk, appellate practitioner, and Justice on Texas’s Fourteenth Court of Appeals, serving on the Texas Supreme Court seems like a natural fit for Justice Brett Busby. Today, he joins Todd Smith and Jody Sanders to share his experiences transitioning from the Court of Appeals to
It seems everything can be done over the internet nowadays. With the global pandemic and quarantine protocols, more and more people have relied on the world wide web when working from home. But a major threat has hindered those trying to practice appellate law recently — ransomware. On today’s show, Todd Smith and Jody Sanders
The COVID-19 pandemic has wreaked havoc on our institutions on a systemic level, but technology has helped bridge gaps so business and life can go on. In this episode, Todd Smith and Jody Sanders interview Blake Hawthorne, the Texas Supreme Court Clerk, about the Court’s response to the COVID-19 pandemic. Blake discusses the emergency