Following the Texas Senate’s passage of SB 1045, which would seek to add an additional intermediate appeals court, David Coale spoke with Law 360 about the potential issues posed by the court’s creation, calling the proposal a “solution in search of a problem.”
“You don’t just wave a wand and start a new court,” Coale said. “So, I’m concerned that, for largely theoretical benefits, we’re going to end up with a bunch of practical problems that nobody anticipated when you create a new court.”
If the bill is signed by the governor, the newly established, Austin-based 15th Court of Appeals would have exclusive jurisdiction over civil cases brought by or against the state of Texas or any of its agencies. The court would be overseen by a new chief justice and four justices, elected by voters throughout the state. Another bill under consideration would give the 15th Court exclusive jurisdiction over appeals from a newly created business court.