Author of law says new court will help Texas “strengthen its reputation as the best...
Brian Bumby/Getty ImagesRepublican state leaders’ plan to create two new types of statewide courts is facing backlash from critics who say they are unconstitutional and will unfairly benefit large businesses and strip legal cases away from Democratic judges.
“The cases that will go to this court are very expensive,” Tankersley said. “What the business court is intended to do is to basically shrink the time from filing to, generally, settlement. Because most of these cases do settle when they’re finally forced to, more or less, by an active judge that sets a firm trial date.
Steve Vladeck, a constitutional law professor at the University of Texas at Austin, wrote in a letter to lawmakers in April that a new appellate court can only legally be created by constitutional amendment, not by legislation. Constitutional amendments must be approved by Texas voters. Scott Brister, an appellate lawyer and a former Texas Supreme Court judge, in an op-ed in the Austin American-Statesman, cited the same section of the Texas Constitution.
State Sen. Joan Huffman, a Houston Republican and former prosecutor and judge, said the new appellate court will reduce the burden on the Austin-based 3rd Court of Appeals, which she said frequently transfers cases to other districts because of its heavy caseload. The Austin court, as well appellate courts in Houston and Dallas, flipped blue in 2018.
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