The Nov 6, 2018 Blue Wave: Results of Appellate Judicial Races in Texas

Republican incumbents suffer massively in appellate court races except for the Texas Supreme Court and Court of Criminal Appeals, whose members are elected statewide. As a result of the partisan Midterm sweep, courts of appeals in Austin, Dallas, and Houston (2 courts) will have Democratic majorities starting January 1, 2019.

RESULTS OF 2018 TEXAS APPELLATE COURT RACES 

BY APPELLATE DISTRICT

(based on unofficial election results tally from Texas Secretary of State) 

FIRST COURT OF APPEALS IN HOUSTON - DEMS TAKE FIVE SEATS AND GAIN MAJORITY CONTROL 

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 (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 

SECOND COURTOF APPEALS IN FORT WORTH REMAINS IN REPUBLICAN HANDS 

Chief: Republican Incumbent Chief Justice Bonnie Sudderth ran unopposed and received 100% of the vote

Place 5: Republican Dabney Bassel defeated Democrat Delonia A. Watson with 58.36% of the vote

Place 6: Republican Incumbent Mark Pittman ran unopposed and received 100% of the vote

THIRD COURT OF APPEALS IN AUSTIN - FLIPPED TO DEMOCRATS, WHO WILL HOLD 4-2 MAJORITY STARTING JANUARY 2018 

Place 2: Democrat Edward Smith defeated Republican Incumbent Cindy Olson Bourland with 52.9% of the votes

Place 3: Democrat Chari Kelly defeated Republican Incumbent Scott Field with 54.32% of the votes

Place 5: Democrat Thomas J. Baker defeated Republican Incumbent David Puryear with 54.32% of the votes

Place 6: Democrat Gisela D. Triana defeated Republican Mike Toth with 54.35% of the votes (There was a write-in candidate who garnered 0.15% of the vote) 

Media coverage: Democrats sweep 4 races for Austin appeals court. By Chuck Lindell. STATESMAN (11/7/2018 4:45 PM)  

SAN ANTONIO COURT OF APPEALS - DEMOCRATS CONSOLIDATE CONTROL  

Place 2: Democrat Beth Watkins defeated Republican Incumbent Marialyn Barnard with 51.97% of the votes 

Place 3: Incumbent Democrat Patricia O’Connell Alvarez successfully defended her position against Rep. challenger Jason Pulliam with 53.04%. Pulliam was formerly a member of this appellate court.

Place 4: Incumbent Democrat Luz Elena Chapa prevailed over Republican challenger Patrick Ballantyne with 53.86% of the vote.

Place 5: Democrat Liza Rodriguez defeated Republican Rebecca Simmons with 52.42% of the vote.

Place 7: Democratic Incumbent Rebeca Martinez successfully defended her post against Republican challenger Shane Stolarczyk, accumulating 53.92% of the votes

Different sort of Blue Wave 

DALLAS COURT OF APPEALS - FLIPPED TO DEMOCRATIC MAJORITY  

Race for Chief: Democrat Robert Burns won the contest for chief justice with 52.79% of the vote over his Republican opponent, Douglas S. Lang, who received 47.20%.

Place 2: Dem Robbie Partida-Kipness defeated Rep. Incumbent David Evans with 52.08% of the vote

Place 5: Democrat Erin Nowell beat Republican Incumbent Craig Stoddard with 52.94% of the votes

Place 9: Dem Bill Pedersen defeated Republican Incumbent Jason Boatright with 52.75% of the votes

Place 10: Dem Amanda Reichek beat Republican Incumbent Molly Francis with 52.59% of the votes

Place 11: Democrat Cory Carlyle defeated Rep Jon Browning with 52.612% of the votes

Place 12: Democrat Ken Molberg defeated Republican Jim Pikl with 53.46% of the vote.

Place 13: Democrat Leslie Lester Osborne defeated Republican Incumbent Elizabeth Lang Miers with 52.41% of the votes

Also see --> Democrats seize control of Dallas Court of Appeals by Mark Curriden – The Texas Lawbook 

SIXTH COURT OF APPEALS IN TEXARKANA 

Place 2: Republican Scott Stevens ran unopposed and received 100% of the vote

SEVENTH  COURT OF APPEALS IN AMARILLO 

Place 3: Republican Incumbent Pat Pirtle ran unopposed and received 100% of the vote

EIGHTH COURT OF APPEALS IN EL PASO 

Place 2: Democratic Incumbent Yvonne Rodriguez did not draw a challenger and received 100% of the vote 

NINTH COURT OF APPEALS IN BEAUMONT

Place 3: Republican Incumbent Leanne Johnson had no challenger and received 100% of the votes 
Place 4: Republican Incumbent Hollis Horton had no challenger and likewise received 100% of the votes, albeit a smaller absolute number. 

TENTH COURT OF APPEALS IN WACO

Chief: Republican Incumbent Chief Justice Tom Gray drew no challenger and received 100% of the vote

ELEVENTH COURT OF APPEALS IN EASTLAND 

Chief: Republican John Bailey was unopposed in the contest for chief justice and received 100% of the vote

TWELVETH COURT OF APPEALS IN TYLER 

Place 3: Incumbent Republican Greg Neeley did not draw a challenger and received 100% of the vote

THIRTEENTH COURT OF APPEALS CORPUS CHRISTI 

Chief: Democrat Dori Contreras won the contest for chief justice with 53.56% of the vote, defeating Republican Ernie Aliseda.

Place 2: Democrat incumbent Nora Longoria prevailed over Republican Greg Perkes with 53.56% of the vote

Place 4: Democrat Rudy Delgado defeated Republican Jaime Tijerina with 50.35% of the vote

Place 5: Incumbent Democrat Gina Benavides won reelection with 53.04% against Republican challenger Clarissa Silva

FOURTEENTH COURT OF APPEALS IN HOUSTON - ALL FIVE REPUBLICAN INCUMBENTS DEFEATED BY DEMS, WHO ACHIEVE MAJORITY STATUS ON WHAT HAS BEEN AN ALL-REPUBLICAN COURT FOR MANY YEARS 

Place 3: Republican Incumbent Brett Busby lost to Democratic Challenger Jerry Zimmerer, who received 51.18% of the vote

Place 4: Republican Incumbent Marc Brown lost to Democratic Challenger Charles Spain, who received 51.07% of the vote

Place 5: Republican Incumbent Martha Hill Jamison was defeated by Democrat Frances Bourliot, who garnered 50.95% of the vote

Place 6: Republican Incumbent Bill Boyce lost to Democrat Meagan Hassan, who prevailed over him with 51.68% of the vote

Place 8: Republican Incumbent John Donovan was defeated by Margaret “Meg” Poissant, who won 51.69% of the votes 

1910 Harris County Courthouse, now used by the Houston Courts of Appeals 

Also see --> Big changes coming to Houston Court of Appeals, thanks to 2018 General Election: Republican Appellate Court Incumbents Defeated in Midterm Elections (Houston Courts & Cases Blog post Nov. 7, 2018)

Pre-election coverage: In midterms, Democrats see a chance to disrupt GOP dominance of state appeals courts. Enough judicial seats are up for election that Democrats could flip the four sprawling appellate court districts that serve Austin, Dallas and Houston. Hillary Clinton won those districts in 2016. By Emma Platoff. TEXAS TRIBUNE (Nov. 2, 2018).

Houston Court of Appeals says judgment signed by visiting judge is void because he had not tried the case - Malone v. PLH Group, Inc.

SUA SPONTE DETERMINATION OF APPELLATE JURISDICTION 

Houston court of appeals, in an opinion by Justice Harvey Brown, reiterates that appellate courts have an obligation to consider whether they have jurisdiction even if the issue is not raised by the parties; concludes that trial court judgment is void because one judge (District Judge Caroline Baker)  tried the case while another one (Visiting Judge John T. Woolridge) signed the judgment, which was a take-nothing judgment. Woolridge also signed findings of facts and conclusions of law. Judgment vacated.

Malone v. PLH Group, Inc and Power Line Services, Inc., No. 01-17-00618-CV (Tex.App. - Houston, Nov. 6, 2018) (Judgment void because Judge Baker presided over the bench trial, but Judge Woolridge entered the final judgment even though Judge Baker remained the presiding judge of the district court.).

[N]either the rules nor case law permit one judge to preside over the entire bench trial and a visiting judge, who heard no evidence, to render a judgment based on disputed facts. See Masa Custom Homes, 547 S.W.3d at 335–36; Cooper v. Campbell, No. 05-17-00878-CV, 2018 WL 3454756, at *3 (Tex. App.—Dallas July 18, 2018, no pet.) (mem. op.). In a bench trial, the presiding judge observes the witnesses’ demeanor and weighs the evidence. Masa Custom Homes, 547 S.W.3d at 337. Drawing on these observations, the presiding judge, acting as factfinder, determines the facts from the disputed evidence. Another judge exercising a judicial role in the same court is not authorized to render judgment without hearing any of the evidence on which the judgment is based. W.C. Banks, Inc. v. Team, Inc., 783 S.W.2d 783, 785–86 (Tex. App.—Houston [1st Dist.] 1990, no writ) trcp is there a rule that addresses typos by a clerk in the record of a judgment?