Appeals to the Texas Supreme Court
The Constitution of the Republic of Texas vested the judicial power in one Supreme Court and in such inferior courts as the legislature might establish. No substantial change was made in the Texas court system until after the Civil War, when the Constution of 1876 vested judicial power in a variety of courts in addition to the Texas Supreme Court. An amendment to the Constitution in 1891 created a court of criminal appeals to relieve the Supreme Court of its criminal jurisdiction. The 1891 amendment also restricted the court's civil jurisdiction.
The Court is supreme in civil cases only. It shares its status as the court of final jurisdiction for appellate cases with the Court of Criminal Appeals, which has final jurisdiction of criminal appeals. While the primary function of the Texas Supreme Court is to serve as a court of last resort for the appeal of civil cases, the Supreme Court also has a variety of other powers and functions. Among these are the licensing and disciplining of lawyers, the promulgation of the Texas Rules of Civil Procedure, and vast supervisory powers over the judges of lower courts. These additional powers of the Court are covered in our Articles section.
Basic Jurisdiction.
The constitutional jurisdiction of the Texas Supreme Court is clearly defined. Constitutional jurisdiction is limited to questions of law arising in civil cases heard by the Courts of Appeals where:
The Texas Legislature has supplemented the Supreme Court's constitutional jurisdiction by granting the court jurisdiction in the following instances:
The Constitution grants the legislature the power to provide an appeal directly to the Supreme Court where the trial court has issued an order granting or denying an injunction on the grounds of the constitutionality or unconstitutionality of any statue or administrative order.
Extraordinary Jurisdiction and Powers.
Like all other Texas courts, the Supreme Court has the authority to issue orders to enforce its jurisdiction. The Court has specific authority to issue writs of habeas corpus, mandamus, procedendo, certiorari, and other writs that may be necessary to enforce its jurisdiction. Recalcitrant judges of the lower courts are subject to process issued by the Supreme Court. For the purpose of enforcing its jurisdiction, the Court may issue a variety of writes against any judge of a statutory county court, statutory probate court, district court, or justice of a court of appeals or any officer of the state government except for Governor. The Supreme Court also has a great deal of control over judges.
The Court is supreme in civil cases only. It shares its status as the court of final jurisdiction for appellate cases with the Court of Criminal Appeals, which has final jurisdiction of criminal appeals. While the primary function of the Texas Supreme Court is to serve as a court of last resort for the appeal of civil cases, the Supreme Court also has a variety of other powers and functions. Among these are the licensing and disciplining of lawyers, the promulgation of the Texas Rules of Civil Procedure, and vast supervisory powers over the judges of lower courts. These additional powers of the Court are covered in our Articles section.
Basic Jurisdiction.
The constitutional jurisdiction of the Texas Supreme Court is clearly defined. Constitutional jurisdiction is limited to questions of law arising in civil cases heard by the Courts of Appeals where:
- there is a disagreement regarding the correct decision in a case among the judges of a Court of Appeals regarding a material question of law;
- one court of appeals renders a decision that conflicts with a decision of another court of appeal or with a prior decision of the Texas Supreme Court, or;
- a decision of a court of appeals holds a state statue unconstitutional.
The Texas Legislature has supplemented the Supreme Court's constitutional jurisdiction by granting the court jurisdiction in the following instances:
- in any case of which the Railroad Commission is a party;
- in any case involving state revenues, and
- in any case where it appears that an error of substantive law has been made by a Court of Appeals, except where the legislature has conferred final jurisdiction on that court.
The Constitution grants the legislature the power to provide an appeal directly to the Supreme Court where the trial court has issued an order granting or denying an injunction on the grounds of the constitutionality or unconstitutionality of any statue or administrative order.
Extraordinary Jurisdiction and Powers.
Like all other Texas courts, the Supreme Court has the authority to issue orders to enforce its jurisdiction. The Court has specific authority to issue writs of habeas corpus, mandamus, procedendo, certiorari, and other writs that may be necessary to enforce its jurisdiction. Recalcitrant judges of the lower courts are subject to process issued by the Supreme Court. For the purpose of enforcing its jurisdiction, the Court may issue a variety of writes against any judge of a statutory county court, statutory probate court, district court, or justice of a court of appeals or any officer of the state government except for Governor. The Supreme Court also has a great deal of control over judges.
