Supreme Court

The Texas Supreme Court is the state court of last resort for non-criminal, or “civil,” cases. With its broad authority to interpret the state constitution and laws passed by the legislature, the Supreme Court has an enormous impact on issues touching the daily lives of all Texans. The Court only hears a small fraction of the appealed cases, primarily those involving conflicts between decisions of different courts of appeals or issues of “first impression” that have yet to be settled in Texas law.

Just as importantly, the Supreme Court has the historic responsibility of applying the “common law,” which is the body of law developed by courts over the centuries. Much of the law that governs liability for personal injuries and property damage is still found in the common law, not in the statute books. It is in this area of tort law that many of the most controversial and far-reaching Supreme Court opinions are found.

Texas Supreme Court elections generally do not receive the attention devoted to other statewide elective offices, such as Governor or Lieutenant Governor, and many voters turn in their ballots before voting in court races. In recent years, however, more people have become aware of the significance of the Supreme Court in their everyday lives.

The Supreme Court decides cases affecting everything from insurance to inheritance. Here are just a few specific examples of issues that may be determined by the Supreme Court:

• The quality and cost of public education and whether the state system of funding public schools meets constitutional standards;

• Whether a person is liable for causing the death of or injury to an unborn fetus;

• The rights and duties of employers and employees;

• Whether certain types of business practices are legal;

• The liability of a parent for the violent conduct of a child;

• Legal standards for the division of community property, payment of child support, or visitation rights;

• Whether a person may sue his or her spouse for infliction of emotional distress in a divorce;

• The standards of conduct that must be followed by an insurance company in processing and paying a claim;

• The extent to which the legislature may regulate the ownership of firearms;

• The constitutionality of limitations on the right of non-Texans to bring lawsuits arising outside the state in Texas courts;

• The circumstances under which a lawyer, doctor, or other professional may be sued for malpractice

Obviously, these types of decisions can have a direct impact on you, your family, and your job.You owe it to yourself to know the candidates, look carefully for court races on the ballot, and make informed choices.

Visit the official Texas Supreme Court website.