From the Things You Didn’t Remember Were A Thing department:
Governor Greg Abbott reappointed all 10 Texas Business Court judges to new two-year terms Wednesday.
The terms will begin on Sept. 1, the judges’ second since the court was created in the 2023 legislative session.
“Businesses choose Texas in record numbers because Texas delivers results,” said Abbott in a release. “The Texas Business Court has resolved complex commercial disputes with unmatched speed and expertise. Hundreds of cases already filed and scores resolved prove these judges fuel Texas’ status as the economic engine of America. I have reappointed these skilled judges to protect that success and to ensure that Texas’ business jurisprudence is on steady ground for years to come.”
The Texas Business Court specializes in complex corporate litigation that normal district courts may not have the time or expertise to deal with effectively, and it is currently made up of five divisions each helmed by two experienced jurists. Unlike state district court judges, who are elected, business court judges are appointed by the governor.
The inaugural 10 judges were sworn in in September of 2024, and in their first year on the bench, the Texas Business Court saw more than 180 cases filed. The judges are:
Andrea K. Bouressa
Bill Whitehill
Melissa Davis Andrews
Patrick K. Sweeten
Marialyn Barnard
Stacy Sharp
Jerry D. Bullard
Brian Stagner
Sofia Adrogué
Grant Dorfman
See here and here for some background. The story kind of reads like a press release from the Governor’s office, but all of the real coverage (*) of this was on various paywalled sites, so this is what we’ve got. Unlike the 15th Court of Appeals, for which the first batch of three justices were appointed and are now up for election, this one is apparently going to be a special toy for the Governor. Here’s Bloomberg Law with a preview story for these reappointments.
No other judge in Texas is subject to reappointment by the governor every two years. But the business court’s unusual reappointment system is meant to give litigants confidence that the judge overseeing their complex, high-dollar case will be insulated from the unpredictability of an election and not get replaced with what could be an inexperienced candidate. Limiting terms to two years was done to avoid a constitutional challenge, as judges in Texas with four-year terms must face voters in elections.
Yet, the system brings uncertainty in a different form. A thumbs up or down governor review every two years puts judges on notice to produce in a way that satisfies the one person who is essentially their only boss. Only the Texas Senate can reject a governor’s appointment to the court, an unlikely scenario so long as Abbott holds the office and the upper chamber remains Republican-controlled.
[…]
There are no indications Abbott is going to pull the plug on the judges, and he’s likely mindful that getting rid of even one would send a confusing message to businesses about how things are going. Overhauling the benches would indicate problems when all signs point to the contrary: Parties say they’re pleased with the pace of litigation and prefer the experience in the specialized court to that of slow-moving traditional trial courts.
“Reappointments would signal stability. Switching that up might send the opposite message,” Nick Burns of Scale LLP said.
Case filings are up in the second year after lawmakers lowered entry barriers, and judges are generally resolving key motions with detailed opinions within weeks of hearings.
“It’s not a situation where there’s been clamoring from lawyers for eight of the judges to remain and two to be replaced,” said Rafe Schaefer of Norton Rose Fulbright LLP. “I think the expectation from practitioners is all 10 judges are going to be reappointed.”
Since the court’s creation — and, perhaps, because of its creation— Dell, Tesla, SpaceX, Dillard’s, and Coinbase Global Inc. moved their corporations to Texas from Delaware, and Exxon made the move from New Jersey. Elon Musk, who left Delaware in a huff after a Chancery Court judge slashed his $55 billion Tesla pay package, recently contributed $500,000 to Abbott’s reelection campaign.
Abbott, who is seeking a fourth term as governor in November, will appoint judges to the business court twice more if he wins, in 2028 and 2030.
“I think if all 10 judges are reappointed then that is a message that things are swimming along as the Governor wants them to and he’s happy with the progress of chipping away at Delaware,” said Kate Ergenbright of Norton Rose Fulbright.
There were some positive words said in the comments about the Houston-based judges in that second post of mine linked above, and I have no reason to think they’re not doing a decent job overall. That said, one of the motivating factors in creating this court, and giving Greg Abbott the power to appoint the judges, was to pacify Elon Musk after one of his toddler tantrums. I for one don’t give a damn about having a business-friendly court for the purpose of luring more asshole billionaires here – companies “moving” their corporate HQs here means little in terms of jobs or the economy – and so I don’t care about how they think these courts are operating or whether they’re sufficiently non-confusing for their business interests. If Gina Hinojosa wins in November, she should feel free to fully use the discretion that office has been given and appoint whoever the hell she wants to those courts. If the businesses and the fancy lawyers who argue before these courts don’t like it, maybe they should have been more careful about what they asked for.
Half a $million from Elon to the Governor. It really grinds me that we seemingly cannot use the term ‘bribe’ any longer.