Texas Supreme Court:

An Inventory of Supreme Court 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) 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.)

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Scope and Contents of the Records

The Texas Supreme Court 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; it supervises State Bar operations; promulgates rules and regulations for the discipline, supervision, and disbarment of lawyers; and has supervisory and administrative control over the judicial branch. The records 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 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, provide information on administrative functions of the Supreme Court.

The court met in Austin through the year 1850. Beginning in 1851, the court held annual three month terms in three different sections of the state. The sites of these terms were Galveston, Austin, and Tyler. Beginning in the 1850s the Galveston term ran January through March; the Tyler term, April through June; and the Austin term October through December. By the mid-1870s, the Austin term was changed to April through June and the Tyler term to October through December. Beginning in 1879 some cases were referred to the Commission of Appeals. Results of these actions can be found in the minutes and opinions of these early Supreme Court records, and in the records of the Commission.

During the circuit court period (1840-1892) the court enacted several numbering systems. A new numbering system was begun by the court in January 1841, causing a duplication of numbers with cases filed prior to that date. When the court began to travel (between Austin, Galveston, and Tyler) the clerk at each of the court sites assigned their own case numbers, causing further duplication. The court generally maintained separate records for each geographical term. In some cases, minutes and opinions were recorded for more than one of the terms, often for multiple-year periods, in the same volume. Dockets, minutes, and opinions in the early 1870s are present for Austin, but not for Tyler and Galveston. It is likely the court met only in Austin for the approximate period of 1871-1873. In 1944, all cases created during the circuit court period were re-numbered with an "M" number and a direct and reverse index was compiled on index cards. A new numbering system was begun in late 1892/ early 1893. Applications to the Supreme Court were assigned application numbers. Successful applications became cases and were assigned a new number, called a cause number, while unsuccessful applications simply retained their application number. This created two separate filing systems: case files arranged by cause number and applications filed by application number. Beginning in 1918, many of the cases before the Supreme Court were referred to the Commission of Appeals. Such referrals and results (opinions, etc.) are detailed in the dockets and the minutes of the Commission, and opinions of the Commission are listed in the opinion books.

Beginning in 1944, a new universal numbering and filing system was begun. The separate application numbering system used since 1893 was abandoned. All applications were assigned cause numbers, whether or not the Supreme Court agreed to hear the case. The new numbering system began by assigning cause numbers with a letter prefix, starting with #A - 1 in January 1944.

The case files are the most voluminous type of record. 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). As of 2008, the "C" series and later series are held by the Supreme Court.

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Restrictions

Restrictions on Access

Most of the A and 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 Texas 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), Texas Supreme Court records. Archives and Information Services Division, Texas State Library and Archives Commission.

Accession Information

Accession numbers: 1983/056, 1984/013, 1985/030, 1985/103, 1988/134, 1989/160, 2008/126, 2008/127, 2008/132, 2008/162, 2009/114

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; November 1, 1984; April 15, 1985; and June 19, 1989; by the Texas Historical Commission on May 4, 1988; by Tammy Kubecka on April 28, 2005; by Peter Luke on May 25, 2005; the Heritage Auction Galleries on December 19, 2007; and the Attorney General's Office on June 23, 2008 and March 11, 2009.

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

Laura Saegert, addition of M case file, March 2009

Other Formats for the Records

Orders and opinions of the Supreme Court are available on the Supreme Court website ( http://www.supreme.courts.state.tx.us/historical/recent.asp) from Octobert 1997-present.

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Detailed Description of the Records

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