Is it just me or is anyone else frustrated with the Third Court's absence from duty. Opinions are taking upwards of TWO YEARS to be returned! Obviously, that's a defense attorney's dream and a prosecutor's nightmare. When I've broached several of the incimbents, I have been given such excuses as an existing vacancy, workload, etc. 'Scuse me, but that just won't cut it. I understand that the court is also farming out opinions to other courts, even administrative law questions with which other courts have no real experience. Maybe some of those up for reelection and those trying to get on the court should seriously address the problem before the primary in March. Somebody needs to get off their butt.

Technically speaking, the Courts of Appeal do not "farm out" their cases. Pursuant to its docket equalization authority, the Texas Supreme Court periodically transfers cases among the various Courts of Appeal.

The transferring courts have no choice about which cases are to be transferred. The transferring courts receive an order from the Texas Supreme Court that states, basically, you [transferring court] shall transfer the next 10/15/25 civil/criminal/either cases that are filed with your court to [fill in the name of the recipient court].

Similarly, the receiving court has no choice about which cases they receive. (Believe me, there are cases the "recipient" courts would just as soon ship back home.... ;-)

It is my understanding that, in exercising its docket equalization authority, the Texas Supreme Court is trying to balance the average number of cases reviewed by each individual justice among justices of the various courts. (I believe, at last count, the average was in the neighborhood of 175-200 cases reviewed and lead opinions authored by each appellate justice per year, not counting concurring & dissenting opinions.) Some appellate districts (such as the 1st, 3rd, 4th, & 14th) are just inherently more litigious, and therefore receive a greater number of appeals, than do some of the other districts (such as the 6th & the 8th).

As for the Third, I am certain the members of the bar are sympathetic to that court's loss of Justice Kidd. I imagine many of the cases Justice Kidd was working on will have to be reassigned and considered anew by that court. That process does, unfortunately, take time.

[This message was edited by Andy Porter on 02-09-06 at .]

Okay, if there is an equalization process in effect, and those appellate courts with more cases hand them off to other courts, why is the Third Court going from roughly six months to render an opinion to about two years? There is a logic gap somewhere.

Some of the appellate courts had to cut staff in response to budget cuts made in 2003.

That sort of delay sounds very unusual these days. I am used to Dallas firing out opinions in very quick order, but I recall in the early 90's we could wait eighteen months for an opinion from Fort Worth and usually much longer from the Court of Criminal Appeals. I wonder if we are entering a new cycle of delayed opinions as a result of the budget cuts. There had to be consequences passed on to the litigants eventually.

Rick, I feel your pain. We have noticed the same slowdown. In meeting with the candidates for the Third Court of Appeals, we have raised the issue.

Although the loss of Justice Kidd might have been a temporary excuse, I really don't think it explains the lengthy delays we are now seeing.

I have also expressed my concern about the lack of criminal law experience on the court. I truly believe that the opinions sometimes fail to appreciate the differences between civil and criminal law.

You are right to suggest that these issues should be raised and addressed during an election cycle.

John Bradley
District Attorney
Williamson County, Texas

John, you raise an interesting issue. How many justices with criminal law experience sit on the appellate courts? In Dallas only 2/13 have substantial criminal law backgrounds (Justices Fitzgerald and Francis). I suspect most intermediate courts are also poorly represented by criminal law practicioners. Ironic considering the greater part of their caseload is criminal. At least in Dallas, though, it doesn't seem to hurt their output of opinions. Is Austin simply overworked?