Monday, December 8, 2008

Ethics and the Texas Supreme Court

For the last decade in Texas it has generally been understood by trial attorneys that no matter what evidence the jury hears or the trial Court admits (or withholds); the Texas Supreme Court will protect the insurance companies, home builders and other big business. To do this they have had to create new law and disregard Texas law that has been in effect in some instances for decades. On of our justices has been publicly reprimanded and others have had issues raised, but through it all they continue to dish out their brand of justice. In most cases this means overturning a jury verdict and an appellate court. A jury who heard all the evidence and were able to evaluate the witnesses, hear the testimony and see the expressions of the witnesses, and review all the documents. The appellate court then reviewed the evidence to determine if there was any reason to overturn the verdict based on a legal issue. The case then arrives at our Texas Supreme Court who have almost in every instance sided with the insurance companies, home builder, or big business over the small business owner or individual. The rulings have also been applied retroactively where the original case was tried under one understanding of the law and they decided that even though that may have been the law, it is now changed and the case is now lost because of this new law. It is like playing a game and after you have won they decide that the rules are different and you now lose (even though you played by all the rules at the time). Why are they voting the way they are? Look at who are the major contributors to the campaigns, compare it to the vote and you decide. Why has it not changed? Unfortunately, it is not a big issue until it impact you personally and then it is often to late. As citizens of Texas everyone should be upset by what is happening in the Supreme Court. If you would like information on specific cases and how they have eliminated or reduced, contact me for more information.