1stCoA First Court of Appeals in Houston

1910 Harris County Courthouse - Seat of First Court of Appeals (pic)
1910 Harris County Courthouse
which serves as seat for the Houston
Courts of Appeals (there are 2)

FIRST COURT OF APPEALS IN HOUSTON 

LIKE ITS SISTER COURT IN THE SAME COURTHOUSE, THIS INTERMEDIATE COURT OF APPEALS HAS A MEMBERSHIP OF 9 JUSTICES 

Current Chief: Sherry Radack (promoted to Chief by appointment in 2002). Most active dissenter: Evelyn Keyes (appointed by Gov. Rick Perry in 2002).

REPLACEMENT FOR JUSTICE HIGLEY APPOINTED 

Justice Terry Adams apponted July 23, 2020

The First Court of Appeals was an all-Republican Court through the end of 2018. Its sole Democratic member, Jim Sharp aka James Patrick Sharp, Jr., lost his bid for re-election and had to step down when his term ended 12/31/2014. In 2016, Justice Terry Jennings professed his disaffection with the Republican party and expressed his intent to switch parties, but did not seek reelection in 2018.  In the November 6, 2018 general election, Democratic candidates defeated Republicans in all races, including the open seat contest for Jennings' seat. The names and place designations of the five incoming justices are as follows:

Place 2: Justice Gordon Goodman
Place 6: Justice Sarah Beth Landau
Place 7: Justice Julie Countiss
Place 8: Justice Richard Hightower
Place 9: Justice Peter Kelly

See entire First COA membership as of January 1, 2019 with photos and links to profile pages
at: http://www.txcourts.gov/1stcoa/about-the-court/justices/


Photos of new members of the First Court of Appeals as of Jan 1, 2019 


UPDATED 1STCOA LETTERHEAD WITH NEWLY-ELECTED JUSTICES 

First Court of Appeals Membership on Court's Letterhead as of January 2019
First Court of Appeals Membership on Court's Letterhead as of January 2019 

2018 GENERAL ELECTION UPDATE 

The Gist: All Republican incumbents who stood for reelection (or sought voter approval for the first time) lost to their Democratic challengers. All five races on the First Court of Appeals were contested. An open-seat race was also won by a Democrat. The Republican incumbents on the Fourteenth Court of Appeals were likewise defeated. The two Houston-based appellate courts share the same courthouse and hear appeals from the same set of ten contiguous counties, which are generally assigned randomly. One Clerk serves both courts.

Also see blog post on --> Major changes coming to Houston Courts of Appeals in January 2019.

The results are as follows (based on prelim results for Tex. SOS):

Place 2: Democrat Gordon Goodman defeated Republican Incumbent Jane Bland with 50.91% of the votes
Place 6: Democrat Sarah Beth Landau defeated Republican Incumbent Harvey Brown with 51.75% of the votes
Place 7: Democrat Julie Countiss defeated Republican opponent Terry Yates with 52.37% of the votes in open race (Longtime Incumbent Justice Terry Jennings did not seek reelection)
Place 8: Democrat Richard Hightower defeated Republican Incumbent Michael Massengale with 52.60% of the votes
Place 9: Democrat Peter Kelly defeated appointed Republican Incumbent Jennifer Caughey with 51.74% of the vote.

2018 Judicial Elections: First Court Appellate Races (Houston)
The Final Tally - First Court Appellate Races Nov 2018 results 


FIRST COA MEMBERSHIP AS OF DECEMBER 2018 

Letterhead of First Court of Appeals listing membership as of Dec 2018 
Transfer cases pending or decided in 2018: Pursuant to its docket equalization authority, the Supreme Court of Texas transferred a number of appellate cases from the Third Court of Appeals to this court. See Misc. Docket No. 17-9035 (Tex. Mar. 28, 2017); see also TEX. GOV’T CODE § 73.001 (authorizing transfer of cases). Transferred cases are to be decided in accordance with the caselaw of the court of appeals in which the case originated.

CLERK OF THE COURT 

Christopher A. Prine, Clerk of both Courts of Appeals in Houston 

2017 PERSONNEL CHANGE


Governor Abbott appointed Caughey to replace Justice Rebeca Huddle, who resigned June 14, 2017 before her term was up.

2015-2016 ELECTION SEASON: MASSENGALE AIMS HIGHER  

On June 16, 2015 Justice Michael Massengale announced that is going to be a candidate for Place 3 on the Texas Supreme Court, a spot currently held by Justice Debra Lehrmann, a fellow Republican, who is running for re-election. Massengale promises to be even more conservative, implying that Lehrmann has strayed: "I'm pleased to announce my candidacy for Texas Supreme Court Place 3, to give Texas voters a conservative choice!" “Texans deserve the option to elect a Supreme Court justice who is truly committed to the conservative legal philosophy of carefully and fairly applying laws as they are written and not legislating from the bench.”  Massengale was initially appointed to a vacancy on the First Court of Appeals by Governor Rick Perry in 2009. His current six-year terms runs through 2018.

2014 ELECTIONS 

Two members of the First Court of Appeals were up for re-election in 2014: Jim Sharp (Place 3) and Laura Carter Higley (Place 5). Incumbent Jim Sharp, the sole Democrat on the court, was defeated by Republican challenger Russell Lloyd, who won with 57.13% of the vote in the appellate district (54.08% in Harris County). Lloyd was sworn in in January 1, 2015. Justice Higley did not draw an opponent, and was therefore re-elected with 100% of the vote.

MEMBERSHIP AS OF SEPTEMBER 1, 2014 WITH YEAR OF TERM EXPIRATION AND POLITICAL PARTY (IN PARENTHESES)  

Justice Sherry Radack 2016 (R)
Justice Terry Jennings 2018 (R)
Justice Evelyn Keyes 2016 (R)
Justice Laura Carter Higley 2014 (R)
Justice Jane Nenninger Bland 2018 (R)
Justice Jim Sharp 2014 (D) (lost bid for re-election in 2014 general election; was unopposed in Democratic primary)
Justice Michael Massengale 2018 (R)
Justice Harvey G. Brown 2018 (R)
Justice Rebeca A. Huddle 2018 (R)

JAN 2013 MEMBERSHIP: ASSOCIATE JUSTICES BY PLACE DESIGNATION


FISCAL YEAR 2013-14 OPINION PRODUCTION BY JUSTICE


COUNTIES FROM WHICH APPEALS GO TO THIS APPELLATE COURT

Austin County, Colorado County, Grimes County, Washington County, Brazoria County, Fort Bend County, Harris County, Chambers County, Galveston County, Waller County

Note: Appeals from these counties are randomly assigned to the first or fourteenth court of appeals, whose geographic jurisdiction overlaps.

Counties served by Houston Court of Appeals:Austin County, Colorado County, Grimes County, Washington County, Brazoria County, Fort Bend County, Harris County, Chambers County, Galveston County, Waller County
Website URL for this court of appeals: http://www.txcourts.gov/1stcoa.aspx


Rotunda of 1910 Harris County Courthouse in Downtown Houston on Fannin Street

THE 1ST COURT OF APPEALS IS HOUSED IN THE OLD HARRIS COUNTY COURTHOUSE
 (erected 1910 and recently restored to its original appearance) 

Harris County Courthouse - West side

1910 Harris County Courthouse in 
Downtown Houston, TX 

1910 Harris County Courthouse with Downtown Houston Skyline 
Modern Civil Courthouse (Harris County) 

Photo of old Harris County Courthouse with JPMorgan Chase Tower in background
1910 Harris County Courthouse in Downtown Houston, TX
 with JPMorgan Chase Tower looming over it 

Last revised or updated: 7/30/2020, 1/9/2019  

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