Texas Appellate Law Podcast

The inner workings of courts of appeals are sometimes hard to understand from the outside. Staff attorneys play a critical role in screening cases, assisting the justices, and helping the court handle its workload. This week, Todd Smith and Jody Sanders get an inside look at that process from their guest, the El Paso Court of Appeals’ Chief Staff Attorney, Kirk Cooper. Kirk gives an insider’s view of how the El Paso Court works, how it has handled challenges from the pandemic, and his background and path to appellate law.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube

If the COVID-19 pandemic taught attorneys anything, it’s that technology can change the practice of law and maximize efficiency in ways we never thought possible. But, even before the pandemic, lawyers and innovators were looking at how technology can benefit legal practice. In this week’s episode, Todd Smith and Jody Sanders visit with Jacqueline Schafer, founder and CEO of Clearbrief, about how her company has combined artificial-intelligence technology with brief writing to help both the lawyers drafting motions and appellate briefs and the courts reading them. Clearbrief is accessible in Microsoft Word, and it automatically analyzes a document’s text against the factual and legal sources cited to test the document’s accuracy. Jacqueline shares her vision of making Clearbrief so easy to use that even lawyers who don't like technology will feel comfortable with it. Join us for a discussion of the benefits and implications that incorporating AI technology into your practice may have.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube

Unlike many states, Texas has separate high courts for civil and criminal cases. Criminal practitioners follow the Texas Court of Criminal Appeals closely because its decisions impact criminal law in every corner of the state. As a former appellate prosecutor, Judge David Newell brings a unique perspective to that Court. Judge Newell joins Jody Sanders and Todd Smith in this episode to discuss his background, his experience as a prosecutor, and his path to running for statewide election as a first-time candidate. He also provides insights on Court of Criminal Appeals proceedings and how the Court responded to the pandemic, including its adoption of new technology and practices. Finally, Judge Newell discusses the Court’s credibility, the role stare decisis plays at the Court, and opinions he wrote of which he is particularly proud.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube

Transitioning from private practice to the bench is an adjustment even in the best of times. But First Court of Appeals Justice April Farris made the switch in the middle of a pandemic when court operations and proceedings were fully remote. In this week's episode, Justice Farris joins Todd Smith and Jody Sanders to talk about her experiences in the Texas Solicitor General's office, private practice, and as a new appellate justice. She shares insights on helping the court solve problems and ways attorneys can get oral-argument experience through government service or criminal appointments. She also provides useful tips on making briefs and oral arguments more persuasive. Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube

Traditionally, the path to appellate practice often came through a judicial clerkship. But, in recent years, lawyers have worked to forge alternative routes. Mia Lorick, a partner at Locke Lord in Houston, is one of those lawyers. With a background in fine arts, Mia paved her own way into both trial and appellate practice by actively seeking out advocacy opportunities. In this week's episode, Mia shares her journey and offers tips for other lawyers and law students looking to establish themselves as appellate advocates. Mia also discusses her mission to increase diversity and inclusiveness in legal practice, some initiatives she launched to serve that goal, and her creation of the Suited for Success Scholarship, which helps law students obtain business dress clothes to help kick start their careers.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube

While this podcast focuses primarily on civil appeals, criminal appellate practice takes up a significant portion of appellate court dockets. In this episode, Todd Smith and Jody Sanders explore criminal appellate work with Naomi Howard, a Houston criminal defense attorney with Rusty Hardin & Associates. Passionate about criminal defense since her law school days, Naomi has handled defense and appellate work in Texas and federal courts, including the Texas Court of Criminal Appeals. Naomi discusses how to advocate for defendants in a system in which criminal reversals are rare and shows how creativity (and sometimes levity) can help improve advocacy and outcomes.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube

Judges, particularly appellate judges, don't get much public interaction in their jobs. So, judges are learning to use social media to connect with and educate the public about their roles. Georgia Court of Appeals Judge Stephen Dillard has helped blaze that trail, adopting the mantra that, “If you're a judge and you're not on social media, that's political malpractice.” In this week's episode, Judge Dillard explains why it’s crucial for judges to be actively engaged on social media or to use those platforms to help understand issues that might come before them. He also talks about how judges can balance their ethical duties with public engagement. Join us as we explore how judges (and lawyers) can learn from and engage in these communication channels. Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube

As courts tentatively start to reopen in person, the extent to which remote proceedings will remain is uncertain. But when COVID-19 shuttered courthouses everywhere, Travis County, Texas took the lead in providing courthouse access virtually. This episode features Judge Karin Crump, of Travis County's 250th District Court, and covers her leadership and experience paving the way for remote proceedings and some of the first virtual jury trials in the nation. Judge Crump discusses how the Travis County team worked to ensure fairness and representative juries, and how they have mastered technological challenges to make virtual jury trials a success. She also discusses some of the benefits virtual proceedings allow and best practices for presenting witnesses and evidence in a virtual courtroom.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube

The mixing of politics and judicial selection has been a part of Texas history from the beginning. Political parties continue to influence judicial appointments and elections, and money is always a significant factor. In recent years, though, many have sought to reform the system. In this week's episode, former Texas Supreme Court Chief Justice Tom Phillips joins Todd Smith and Jody Sanders to discuss the various reform efforts, including the work of the Texas Commission on Judicial Selection. Chief Justice Phillips explains the history of how Texas picks its judges, the potential reforms, and the downsides to different systems. He also shares his encyclopedic knowledge of political and judicial history to put the debate in context.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube

The law in general and appellate practice, in particular, suffer from a lack of diversity. The traditional barriers to both law and appellate practice have left many students of color and first-generation law students lacking opportunities and access to the profession. Luckily, organizations like The Appellate Project recognize this problem and seek to change it. Todd Smith and Jody Sanders sit down with  Juvaria Khan to discuss her creation of The Appellate Project, which seeks to provide more students and lawyers access to appellate practice. Juvaria shares her personal experiences as a Muslim woman and daughter of immigrants and explains how they helped her decide to change the system. She provides practical tips that allow every level of the system to increase accessibility and mentoring. She also highlights the things missing from a non-diverse practice—from differing perspectives to more fair and just decisions. Join Juvaria, Todd, and Jody in this important conversation where they dive deep into the mission of The Appellate Project and more.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube