A challenge to a Texas policy that permits the state Supreme Court to transfer cases from busier appeals courts to those with lighter dockets has failed, according to a recent ruling by the Texas Court of Appeals, Fifth District. The challenge, which named Governor Greg Abbott (R) as a defendant, was found to be baseless as Abbott plays no significant role in the implementation of the docket equalization practice.
The appellate court reversed a prior decision from the trial court that claimed jurisdiction over the issue. The Dallas court clearly stated that “none of the parties here have any role in the docket-equalization scheme” in its ruling. Thus, the claims against Governor Abbott, Secretary of State Jane Nelson, and the state of Texas were dismissed.
This lawsuit had been brought forth by a Republican candidate for state representative, who contended that the policy was unjust and politically motivated. However, the appellate court’s decision underscores that the responsibility for this docket management tactic lies elsewhere, not with the named defendants.
For more details, the Bloomberg Law article on the case provides additional insights and context. You can access it here.