Texas Appellate Law Podcast

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

In recent years, the amount of time lawyers spend in court and talking to judges has shrunk. As a result, an attorney’s credibility with judges has become increasingly important. Likewise, presenting clear, concise briefing and arguments helpful to judges and their staff has become critical. Rachel Stinson of Wright Close & Barger in Houston has a unique perspective on both issues, having spent time both in private practice and as a staff attorney at a state court of appeals and a federal district court. Rachel shares with Jody Sanders and Todd Smith how her extensive experience taught her to hone her credibility in terms of writing and how to make arguments in a way that help the decision makers do their jobs. They also discuss how changes in technology—particularly the impact of digital records—has streamlined appellate and trial practice.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube

Texas's Office of the State Prosecuting Attorney (SPA) may be one of the most important state agencies you didn't know. The SPA is an independent agency that represents the State of Texas before the state's highest criminal court, the Court of Criminal Appeals. While the Texas Solicitor General appears in both state and federal courts, the SPA focuses on monitoring cases of interest throughout the courts of appeals and handling petitions and writs to the CCA. John Messinger, one of the SPA's attorneys, joins Todd Smith and Jody Sanders to discuss what his office does and the outsized impact that it has on the Texas criminal justice system. John talks about how his office selects cases, tips for drafting petitions, and issues that affect both sides of the CCA's docket. Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube

Trial lawyers and appellate lawyers have different skill sets that compliment each other's practices. But some trial lawyers feel equally at home in both the trial and appellate courts. In this episode, Todd Smith and Jody Sanders talk to their first trial attorney guest, Carlos Soltero, about his experiences in both courts. Carlos offers his perspective as a trial lawyer on appellate practice, revealing how he handles his own appeals, where most of his work comes from, and how he is doing in the current pandemic. He talks the different roles he plays and shares some advice on dealing with jury charges, collaborative work, attorney fees, and more. Carlos also offers a peek at his book, Latinos and American Law, where he sheds light on the different ways the legal system has affected the Hispanic, Latino, and Mexican-American communities and individuals. Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:TexAppLawPod.comTwitterFacebookLinkedInYouTube