Texas Supreme Court:

An Inventory of Supreme Court Case Files B1-B10,000 at the Texas State Archives, 1967-1980

Agency History

The Supreme Court was created in 1836 by the Constitution of the Republic of Texas (Article IV, adopted March 17, 1836) with unlimited and conclusive appellate jurisdiction. 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 court, but no appeal could be determined until the lower court had made a final judgment 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. Legislation passed on January 22, 1842 established another annual term to be held at Nacogdoches, but changed that by an act passed on February 3, 1842 which directed the court to hold its annual term at Washington. Further legislation in 1845 (February 3, 1845) directed the court to hold annual terms wherever Congress convened. The Act of May 12, 1846 directed the court to meet annually in Austin. 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, with 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.

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. This Commission was composed of three judges appointed by the Governor with the consent of the Senate. This initial commission ceased to exist in October 1885. In 1887, it was created again (Senate Bill 281, 20th Legislature, Regular Session), still with three judges, to hear cases pending in the Supreme Court. It was increased to six judges in 1891, then discontinued in 1892 upon the reorganization of the courts system with the creation of the Court of Criminal Appeals and the Courts of Civil Appeals. In 1918, due to a multi-year backlog of cases pending before the Supreme Court, another Commission of Appeals was created (Senate Bill 28, 35th Legislature, 4th Called Session). This Commission was divided into two sections--A and B, each with three judges appointed as previously. This last Commission was discontinued in 1945 and its six judges became justices on the Supreme Court, increasing the number of justices to nine (Senate Joint Resolution 81, 49th Legislature, Regular Session).

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 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 trial courts to the Supreme Court in a limited class of cases.

As of 2008, 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. Its caseload consists of three broad categories: determining whether to grant review of the final judgment of a court of appeals; disposition of regular causes (granting petitions for review, accepting petitions for writ of mandamus or habeas corpus, certified questions, accepted parental notification appeals, and direct appeals); and disposition of numerous motions related to petitions and regular cases. The court determines which petitions for review will be granted, usually taking only those cases that present the most significant legal issues in Texas in need of clarification.

The Supreme Court 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; monitoring the caseloads of the 14 courts of appeals and transferring cases between the courts to equalize their dockets; 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.

(Sources include: Texas General and Special Laws; A Reference Guide to Texas Law and Legal History, Sources and Documentation, Gruben and Hambleton; and the following websites: Texas Courts Online, Judicial Information Program ( http://www.courts.state.tx.us/oca/judinfo.asp); and the Supreme Court website ( http://www.supreme.courts.state.tx.us/). Websites accessed March 2008.)

Scope and Contents of the Records

The case files consist of all applications filed and records created during appeals to the Supreme Court between 1967 and 1980. This includes all applications rejected by the Court and all applications accepted by the Court and allowed to be argued as a case. A case before the Supreme Court begins as an application which lists a cause of action as to why the Court should hear the case. The most common cause of action is for a writ of error. Other causes of action include writs of mandamus, writs of habeas corpus, a certified question, and a direct appeal from a lower court when the Supreme Court has direct jurisdiction. The file dockets in the Dockets series list the cause of action for each application. Once the Court grants or accepts an application then that application becomes a case. Since 1944, all applications, regardless of their cause of action or if the Court granted the application to hear the case, have been filed together. Usually, a case file from a successful application where the case was argued before the Court will contain more material such as briefs, motions, and Court opinions than an unsuccessful application case file.

Case files were (for the time period of this series) assigned a "B" prefix from 1967 to 1980 - B1 to B10,000. Access to the cases is through their case number. If the case number is not known, alphabetical access to the parties in the cases is available using the name index at the front of the Supreme Court File dockets.

This series is part of the Texas Supreme Court records, 1840-1980, 6396.81 cubic ft. finding aid. It was removed from that finding aid due to the electronic file size limitations imposed by the online finding aid web site (TARO). If you are reading this in paper, the overall Supreme Court finding aid is found at a separate divider within the binder.

Restrictions

Restrictions on Access

The B Case files are in off-site storage (except for misfiles and oversize items). 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 under the Texas Rules of Civil Procedure, Rule 76A. 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.

Rarely, Case files may possibly contain material not related to the case, such as attorney's notes about another case. 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 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.

Materials do not circulate, but may be used in the State Archives search room. Materials will be retrieved from and returned to storage areas by staff members.

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.

Related Material

Administrative Information

Preferred Citation

(Identity the item), Texas Supreme Court case files. 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, date unknown

Laura Saegert, revised March 1995

Laura Saegert, corrections and further encoding to TARO project standard, March 2001

Laura Saegert, additions made to case files to reflect transfer of records to the State Records Center, August and November, 2002, June 2003

Laura Saegert, additions made to case files to reflect transfer of records to the State Records Center and finding aid split due to online file size limitations, April 2004

Laura Saegert, restriction statements revised, September 2004

Laura Saegert, box numbers added to reflect the rehousing of case files, subgroups and series were restructured, finding aid was made DACS compliant, and the overall finding aid was split due to online file size limitations, June 2008

Detailed Description of the Collection