Revolving Door: Texas Justices and Corporate Defense Law Firms
Five of the nine justices sitting on the Texas Supreme Court were handpicked from prominent corporate defense law firms by governors who have exploited a loophole in the Texas Election Code. When sitting justices step down before the end of their term, which allows the governor to bypass elections and appoint a successor, they are often rewarded with either a position at a prominent Texas corporate defense firm or with an appointment to a federal judicial position.
The following justices previously served prominently at Texas corporate defense law firms that have been identified as top contributors to Supreme Court election campaigns, including three from the firm Baker Botts:
- Brett Busby, Bracewell;
- Jane Bland, Baker Botts and Vinson & Elkins;
- Evan Young, Baker Botts;
- Rebeca Huddle, Baker Botts; and
- Jeff Boyd, Thompson & Knight.
The revolving door also offers a premium exit
In tracking the careers of recent justices of the Supreme Court of Texas, we discovered many who left their seats before the end of their elected term were rewarded with either a position at a prominent Texas corporate defense firm or with an appointment to a federal judicial position.
Here are a few recent examples:
- Chief Justice Thomas Phillips won reelection in 2002, but then stepped down in 2004, before the end of his term and ended up joining corporate defense firm Baker Botts in 2005 as a partner.
- Justice Eva Guzman stepped down before the appointment of Evan Young, and after losing a bid for Texas Attorney General, she landed at corporate defense firm Wright Close & Barger.
- After Justice Dale Wainright stepped down before the end of his term in September 2012, he joined Bracewell as a partner. Governor Rick Perry then appointed current justice Jeff Boyd from Thompson & Knight as his replacement.
- Justice Jeff Brown stepped down before the end of his term to be appointed District Judge of the United States District Court for the Southern District of Texas. This led to the appointment of Justice Jane Bland.
- Justice Don Willett was appointed by Trump to the 5th Circuit US Court of Appeals before the end of his term leading to the appointment of Justice Jimmy Blacklock.
What does this mean for Texans?
The Texas Supreme Court makes decisions that affect all Texans. The Texas Tribune notes that in recent years, the Texas Supreme Court has ruled on abortion, a state takeover of the Houston Independent School District board, and transgender issues.
Current and upcoming Texas Supreme Court cases include issues related to the ability to pursue claims against ERCOT in the wake of the 2021 winter power outages, free speech related to the abortion debate, and a jury’s ability to establish economic damages in catastrophic injury cases.
The Texas Supreme Court is being stacked with Republican justices through a legal loophole in the Texas Election Code that allows for the appointment of judges who share the same political agenda. Many of these appointed justices have ties to corporate defense law firms, raising concerns about impartiality and independence in the court.
Additionally, former justices of the Supreme Court of Texas have frequently left their positions before the end of their terms to take positions at these same corporate defense firms or to receive appointments to federal judicial positions, creating a revolving door between the court and these firms.
This has significant implications for the decisions made by the court, which can impact all Texans, and calls into question the integrity of the legal system in the state. It is important for citizens of Texas and those who believe in a fair and balanced legal system to advocate for reforms that address these conflicts of interest and strengthen ethical guidelines.
