Texas Supreme Court:

An Inventory of Records at the Texas State Archives, 1840-1980

Agency History

The Supreme Court was created in 1836 by the Constitution of the Republic of Texas, Article IV, adopted March 17, 1836. Congress established the court by an act approved December 15, 1836. This court consisted of the Chief Justice, elected jointly by both houses of congress; and the elected judges of the district courts. The Supreme Court had jurisdiction over civil and criminal cases to hear and determine all manner of pleas, complaints, motions, causes, and controversies brought before it by any lower courts, but no appeal could be determined until the lower court had made a final judgement or decree except in particular cases as provided by law. A clerk was appointed by the court. He recorded all the actions of the court and was also charged with preserving the records and transcripts of the court. Following the move to statehood, the First Legislature of the State of Texas organized a Supreme Court, Act of May 12, 1846, to consist of a chief justice and two associate justices, appointed by the Governor with the consent of the Senate, to six-year terms.

The terms of the court changed frequently during the 19th century. Initially, the court met annually at the seat of government on the 1st Monday in December. Legislation passed in 1842 established another annual term to be held at Nacogdoches (January 22, 1842), but changed that by an act passed on February 3, 1842 which directed the court to hold its annual term at Washington, commencing on the 2nd Monday in June. Further legislation in 1845 (February 3, 1845) directed the court to hold annual terms wherever Congress convened, commencing on the 3rd Monday in December. The Act of May 12, 1846 directed the court to meet annually in Austin on the 2nd Monday in December. Legislation passed in 1850 (3rd Legislature, Chapter XII, November 30, 1850) amended this act and directed the court to hold three terms a year, in Austin, Tyler, and Galveston, each term lasting about three months. The court continued to meet in this manner until 1892. Following legislation which reorganized the courts system in 1892, the Supreme Court once again met annually in Austin, which it continues to do today.

The Supreme Court initially heard appeals from civil and criminal cases. The Court of Appeals was created by the Texas Constitution of 1876, Article V, Section 4, which removed all criminal jurisdiction from the Supreme Court, and transferred civil jurisdiction to the Court of Appeals in some situations. In 1879, to help relieve the backlog of pending civil cases in both of these courts a commission of arbitration and award, known as the Commission of Appeals, was created by the 16th Legislature (Chapter 34, Special Session). Civil cases were referred to this commission with the written consent of the parties or their attorneys, and the commission's opinions, unless overturned by the superior appellate court, became the opinion of record of that court. The Commission of Appeals was composed of three judges appointed by the Governor with the consent of the Senate. This Commission was discontinued in 1885, but created again in 1887 (Senate Bill 281, 20th Legislature, Regular Session) to hear civil cases pending before the Supreme Court. It was discontinued in 1892 upon the reorganization of the courts system. A large backlog of cases in the Supreme Court led to the creation of another Commission of Appeals in 1918, which continued until 1945. This commission was divided into two sections, each with three judges appointed as previously. It was abolished in 1945 (Senate Joint Resolution 81, 49th Legislature, Regular Session) and its six judges became associate justices on the Supreme Court, increasing the number of justices to nine, its current number.

A major reorganization of the courts system was undertaken in 1891-1892. A constitutional amendment was passed in 1891, followed by legislation approved April 1892 (22nd Legislature, 1st Called Session). This removed all civil jurisdiction from the Court of Appeals, changing that body to the Court of Criminal Appeals and created the Courts of Civil Appeals (initially three, eventually fourteen courts). The justices of all of these courts, following the expiration of their current terms, were now to be elected by the voters. The mandate of the Supreme Court changed, limiting the appeals which could be sent before it. It now had appellate jurisdiction to questions of law arising in all civil cases for which the Courts of Civil Appeals had appellate but not final jurisdiction. A constitutional amendment in 1940 once again authorized direct appeals from trials to the Supreme Court in a limited class of cases.

The Supreme Court today consists of a chief justice and eight associate justices, elected to six-year overlapping terms. As the highest civil court in the state it has final appellate jurisdiction in most civil and juvenile cases. It also has the authority to conduct proceedings for the removal or involuntary retirement of state judges. The court has many administrative duties as well, including the promulgation of several rules, such as the civil and appellate procedures for the Texas judicial system, and the procedural rules for the Commission on Judicial Conduct; equalizing the dockets among the Courts of Civil Appeals; supervising State Bar operations; and promulgating the rules and regulations for the discipline, supervision, and disbarment of lawyers. The court also has supervisory and administrative control over the judicial branch.

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Scope and Contents of the Records

The records of the Texas Supreme Court consist of case files, applications, dockets, minutes, opinions, and indexes, covering the period 1840-1980. Also present are the records of the Texas Commission of Appeals, consisting of minutes, dockets, and opinions, dating 1879-1892, 1918-1943. The records in these accessions document the actions of the justices but do not cover the more routine or administrative functions of the clerk or other aspects of the functioning of the judicial system. Later accessions, located in separate finding aids following this guide, reflect more light on administrative functions of the Supreme Court.

The case files are the most voluminous type of record. Several numbering systems for cases were enacted over the years. Case files presently held by the Texas State Archives are the "M" series (1843-1892), no-prefix-number series (1892-1943), "A" series (1944-1966) and "B" series, (1967-1980). The "C" series and later series are still held by the Supreme Court.

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Restrictions

Restrictions on Access

The A and B case files are in off-site storage. Records requested before 10:00 a.m. will usually be available for review by an archivist by 4:00 p.m. the same day. Records requested after 10:00 a.m. and before 3:00 p.m will usually be available for review by an archivist by noon the next day.

Case files may possibly contain documents sealed by the court, and therefore excepted from public disclosure by the Texas Public Information Act, Section 552.107(2). When a researcher requests a case, the file will be reviewed by an archivist in order to remove sealed documents. The researcher will be informed that sealed documents have been removed from the file and it will then be up to the researcher to obtain permission from the Supreme Court to access the documents.

Case files may possibly also contain personal information of jurors and prospective jurors. According to the Texas Code of Criminal Procedure, Article 35.29, information collected by the court or by a prosecuting attorney during the jury selection process about a person who serves as a juror, including the juror's home address, home telephone number, social security number, driver's license number, and other personal information, is confidential and may not be disclosed by the court, the prosecuting attorney, the defense counsel, or any court personnel except on application by a party in the trial or on application by a bona fide member of the news media acting in such capacity to the court in which the person is serving or did serve as a juror. On a showing of good cause, the court shall permit disclosure of the information sought. (Acts 1993, 73rd Leg., ch. 371, § 1, eff. Sept. 1, 1993) The Court of Criminal Appeals has verified that juror information is to be withheld from the public according to the statute cited above. Therefore, when a case is requested, an archivist will review the case to ascertain whether or not juror information is present. If such information is found, the researcher will be informed and the documents will be removed from the file. If an individual wishes to access juror information, they will have to obtain permission from the Supreme Court. Because the judiciary is not covered by the Texas Public Information Act, the Archives cannot estimate how long it will take the Court to respond to a request.

Case files may possibly also contain non-court documents. Before a researcher is granted access to a case, an archivist will review the files and remove all such materials. The researcher will be informed if materials are removed. If the researcher wishes to access the documents, the Archives will contact the Supreme Court to determine the appropriate course of action on a case-by-case basis. Because the judiciary is not covered by the Texas Public Information Act, the Archives cannot estimate how long it will take the Court to respond to a request.

Restrictions on Use

Most records created by state agencies are not copyrighted and may be freely used in any way. State records also include materials received by, not created by, state agencies. Copyright remains with the creator. The researcher is responsible for complying with U.S. Copyright Law (Title 17 U.S.C.).

Technical Requirements

None.

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Related Material

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Administrative Information

Preferred Citation

(Identity the item and cite the series), Records, Texas Supreme Court. Archives and Information Services Division, Texas State Library and Archives Commission.

Accession Information

Accession numbers: 1983/056, 1984/013, 1989/160

These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Supreme Court on November 22, 1982, September 6, 1983, and June 19, 1989.

Processing Information

Paul Beck

Laura Saegert, March 1995, revised April 2004

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Detailed Description of the Collection

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