They're facing off against four incumbents, though two of the Republicans up for reelection — Justices Brett Busby and Jane Bland — were only appointed to the court in 2019. Texas law requires appointed justices to campaign in the general election that follows their appointment to the bench if they want to keep their seat. The court's nine justices serve staggered six-year terms.
The sitting justices say their track records show they're the best candidates for Texans who want a high court that will apply the law fairly and free from political agendas.
This year, Chief Justice Nathan L. Hecht is looking for his second term as chief justice, against a challenge from Travis County District Judge Amy Clark Meachum. Justice Jeff Boyd, who's been on the bench since 2012, is defending his seat against Dallas County District Judge Staci Williams.
Newcomers Justice Bland and Justice Busby are defending their seats against challengers Kathy Cheng of Cheng & Associates PLLC and Third Court of Appeals Justice Gisela Triana, respectively.
Here, Law360 breaks down each race.
Place 1 – Hecht vs. Meachum
Chief Justice Nathan L. Hecht is the longest-serving Texas Supreme Court judge in history. He was first elected to the bench in 1988 and became chief justice in 2014. Before his high court tenure, he served on the Fifth Court of Appeals in Dallas and as a Dallas County district judge.
In an interview with Law360, Justice Hecht cited his experience running the Supreme Court and providing guidance to all Texas courts. Justice Hecht said that, especially in light of the coronavirus pandemic and its effects in the future, he is uniquely qualified to make sure the court stays on top of its work and that poor Texans receive the legal help they deserve.
"For years, I have secured hundreds of millions of dollars in state and federal funding for legal aid for hundreds of thousands of poor Texans, including veterans, domestic violence victims, the elderly and children," he said. "I have also worked for reforms in the justice system that I want to continue."
He added that while a backlog has developed during the court's unprecedented hiatus due to COVID-19, he has been able to keep it on top of its work for the past six years, establishing a track record of clearing all argued cases from the court's docket each term.
His challenger is Travis County's 201st District Judge Amy Clark Meachum, who, if elected, would be the first female chief justice in the court's history. Before her election as district judge in 2011 — and subsequent reelections in 2014 and 2018 — Judge Meachum was a partner at McGinnis Lochridge LLP.
For what she called "the most consequential election of our lifetime," Judge Meachum urged Texans to vote for justices who are committed to commonsense rulings and who will listen to science, facts and evidence.
"Now more than ever, we need to elect judges who respect the Constitution, judicial independence and integrity," she told Law360. "This moment demands that we all find the courage to stand up for our democracy."
She said the high court needs to become part of an inclusive justice system that will recognize its failings, try to better the system and establish a renewed commitment to equal justice under the law.
"Quite simply put, this monolithic court needs diversity of thought and diversity of opinion, as well as fresh voices and competing schools of legal thought," she said.
Justice Hecht earned his undergraduate degree from Yale University and his law degree from the Southern Methodist University's Dedman School of Law. Judge Meachum holds an undergraduate degree from Southern Methodist University and a law degree from the University of Texas School of Law.
Place 6 – Bland vs. Cheng
Justice Jane Bland, the high court's newest member, was appointed in August 2019 by Gov. Greg Abbott to replace Justice Jeff Brown, who now serves as a federal judge in the Southern District of Texas. Prior to that, Justice Bland served on the First Court of Appeals for 15 years until she lost her seat in 2018. She served as a Harris County District Court judge before that.
Justice Bland said her 22 years of experience serving as a judge at the trial and appellate levels provided her with experience that helps her handle the cases that rise to the state's high court. She said voters should pay attention to the favorable bar polls and wide support her campaign has received.
"The Texas Supreme Court handles the most complex and challenging legal issues that arise in our state," she said. "Lawyers have a strong interest in assuring that Texas maintains an excellent judicial system."
Her challenger, Kathy Cheng, is a managing member of Cheng & Associates PLLC in Houston who unsuccessfully challenged Justice Brown for the same seat in the 2018 election. She has been a practicing attorney for 20 years, primarily focusing on estate planning, family law and complex commercial litigation.
Cheng has run for various judgeships in the past, but has never served as a judge in the Lone Star State. Despite that, she said Texans should vote for her because the high court needs the diversity that she would bring to the bench.
"Since not all laws are black and white, but sometimes gray areas, the inclusion of diverse perspectives will enable the in-depth analysis and critical thinking required for seeing those gray areas," Cheng said. "The current panel of nine justices composed of nine Republicans and zero Democrats lacks diversity and has swung the pendulum to the right that resulted in earning a reputation of being corporate-friendly. When I am elected, I am looking to swing the pendulum back to the middle, in the neutral position as it shall always be."
Justice Bland earned her undergraduate degree from the University of Texas at Austin and her law degree from the University of Texas School of Law. Cheng holds an undergraduate degree from Louisiana State University at Shreveport and a law degree from the South Texas College of Law.
Place 7 – Boyd vs. Williams
Justice Jeff Boyd is seeking his second full term as the Place 7 justice after he was appointed to the position in 2012 by former Gov. Rick Perry and reelected in 2014. Prior to his high court tenure, Justice Boyd served as general counsel and chief of staff for Perry, deputy attorney general for civil litigation for now-Sen. John Cornyn during his time as Texas attorney general, and a partner at Thompson & Knight LLP.
He pointed to his broad group of supporters — from Sen. Ted Cruz and multiple state-level land and agriculture commissioners to various attorneys and former Texas Supreme Court justices — as a reason Texans should reelect him.
"My consistently demonstrated and broadly recognized commitment to fairly applying the law without regard to personal, policy or political preferences sets me apart from my opponents," he said.
His challenger, Dallas County's 101st District Judge Staci Williams, was first elected in 2014 and reelected in 2018. During her tenure, she has presided over commercial disputes, personal injury and medical malpractice cases, as well as real estate, oil and gas, and consumer disputes. She has said the state's high court has lost touch with what it's like to be an everyday Texan and that she would bring fairness and understanding to the bench.
Judge Williams didn't reply to multiple interview requests for this story.
Justice Boyd earned his undergraduate degree from Abilene Christian University and his law degree from Pepperdine University School of Law. Judge Williams holds an undergraduate degree from Smith College and a law degree from the Georgetown University Law Center.
Place 8 – Busby vs. Triana
Justice Brett Busby is one of the newest members of the high court, having served slightly less than two years since he was appointed in February 2019 by Abbott to fill the seat of retiring Justice Phil Johnson. Before his appointment, Justice Busby served on the Fourteenth Court of Appeals in Houston from 2012 until 2018, when he lost his seat during a blue wave that swept through the state's lower courts. Prior to that, he worked as an appellate litigator for Bracewell LLP and has argued cases in front of both the state's high court and U.S. Supreme Court.
He is leaning heavily on his 22-year career as an appellate litigator in his election bid. He is also consistently rated among the best and most impartial appellate judges in Texas in bar association polls, he said.
"My record shows that I serve the people of Texas as a fair judge who delivers justice for all by listening attentively, working hard and ruling impartially based on the law — not on personal or political views," Justice Busby said.
Justice Busby's challenger, Third Court of Appeals Justice Gisela Triana, a first-generation Cuban-American, says her additional 10 years of judicial experience, which includes serving at every level of the lower courts, makes her the better candidate. She started her judicial career as a municipal court judge, climbing from there to justice of the peace, county court judge and then district court judge, a position she held for 14 years before joining Austin's appellate court.
Justice Triana said she has presided over every type of case that comes before the state's high court, and pays attention to the people behind the briefs who will be affected by the court's decisions.
"Texans deserve a level playing field with an independent court that will follow the rule of law, not one that rules on the basis of a political agenda," she said.
Justice Busby earned his undergraduate degree from Duke University and his law degree from Columbia Law School. Justice Triana completed her undergraduate degree at the University of Texas at San Antonio and earned her law degree from the University of Texas School of Law.
--Editing by Alanna Weissman and Aaron Pelc.
Correction: A previous version of this story incorrectly listed the schools Justices Busby and Triana attended. The error has been corrected.
For a reprint of this article, please contact reprints@law360.com.
