Former Assistant Attorney General Appointed to Empty Dallas State Appeals Court Seat

Jason Boatwright, a former assistant attorney general who worked closely with Governor Greg Abbott when Abbott was Texas Attorney General, has been named to Dallas's state Fifth Supreme Judicial District Court of Appeals. He replaces David Lewis who resigned in lieu of discipline for alcoholism and other mental health problems. Boatwright was chair of the opinions committee of the AG's office. Texas officials may ask the Attorney General to give legal opinions relating to issues in their work (Since AGs are not judges, they may give advisory opinions,) These opinions do not have force of law as published opinions of a court, but (1) they can be gotten much faster than an appeals court opinion, and (2) it gives legal cover to the requester; it may turn out that a court finds an AG opinion wrong, but following that opinion will innoculate the requester from an accusation of bad faith or criminal intent.

Boatwright's professional history is mostly out of Austin, but he's been practicing a few years in Dallas.

Dallas's Fifth Appellate District to Be Short Handed until 2015; New Justice Will Likely Be Chosen by Six GOP County Chairpeople.

Justice John Moseley of Dallas's Texas State Fifth Supreme Judicial District Court of Appeals-- not the United States Fifth Circuit Court of Appeals headquartered in New Orleans-- resigned to go into private practice, but did so between the time he had been chosen a candidate for re-election and the time of the actual regular election. This means that the governor doesn't choose the replacement for the end of the term. The replacement will be the winner of the election. The Republicans and the Democrats will get to choose candidates through the party chairs of the six counties that make up the district. As a practical matter, one of the justices of that court for next term is going to be chosen by the six county Republican chairs of the district.

Hat tip to D. Todd Smith of Austin. The Texas Lawyer has a good story on this, too, but they only let three stories per month outside of their pay wall.