The Texas Supreme Court: A Narrative History, 1836–1986

Appendix B. Justices of the Texas Supreme Court, 1836–2012, with Appointment/Election Dates

JusTiCes oF The Texas supreme CourT, 1836–2012, wiTh appoinTmenT/eleCTion daTes JusTiCes oF The repuBliC oF Texas (deCemBer 1836–January 1846) The Republic Supreme Court consisted of a chief justice and from three to eight associate judges, elected by Congress. The associate judges were the judges of the district courts. Chief Justices James T. Collinsworth (December 1836–July 1838) John Birdsall (August 1838–December 1838) Thomas Jefferson Rusk (December 1838–June 1840) John Hemphill (December 1840–January 1846) Associate Judges Shelby Corzine, 1836–1839 Benjamin Cromwell Franklin, 1836–1839 Robert McAlpin Williamson, 1836–1839 James W. Robinson, 1836–1840 Henry Whiting Fontaine, 1838–1839 Edward Thomas Branch, 1838–1840 Ezekiel Wimberly Cullen, 1839 John Scott, 1839 John T. Mills, 1839–1845 John Hemphill, 1840 Thomas Johnson, 1840 Anthony B. Shelby, 1840–1841 Richardson A. Scurry, 1840–1841 George Whitfield Terrell, 1840–1842 John M. Hansford, 1840–1842 William Jefferson Jones, 1840–1845 appendix B THe Texas supreme CourT 236 Anderson Hutchinson, 1841–1843 Patrick Churchill Jack, 1841–1844 Richard Morris, 1841–1844 Robert Emmett Bledsoe Baylor, 1841–1846 William Beck Ochiltree, 1842–1845 William Early Jones, 1843–1846 Royall Tyler Wheeler, 1844–1845 John Baker Jones, 1845–1846 Milford Phillips Norton, 1845–1846 JusTiCes oF The sTaTe oF Texas (1846–1861) and oF Texas under The ConFederaCy (1861–1865) Justices were appointed by the governor from 1846 to 1851; they were elected by the people beginning in 1851. The Texas Constitution under the Confederacy did not change the Court. Chief Justices John Hemphill (March 1846–October 1858) 1846: appointed by Gov. Henderson 1851: elected (unopposed) 1856: elected (unopposed) 1858: resigned to become U.S. senator Royall T. Wheeler (October 1858–April 1864) Aug. 1858: elected chief justice (unopposed); assumed position in October 1864: died in office (suicide) Oran M. Roberts (November 1864–1865) 1864: elected versus James H. Bell (to take Wheeler’s place) 1865: resigned/removed from office at end of Civil War Associate Justices Royall T. Wheeler (March 1846–August 1858) 1846: appointed by Gov. Henderson 1851: elected (unopposed) 1856: elected (unopposed) 1858: elected chief justice (unopposed); assumed position in October 237 JusTiCes of THe Texas supreme CourT, 1836–2012 Abner S. Lipscomb (March 1846–November 1856) 1846: appointed by Gov. Henderson 1851: elected (unopposed) 1856: elected (unopposed) 1856: died in office Oran M. Roberts (1857–October 1862) 1857: elected versus Peter W. Gray, Thomas J. Jennings, John Taylor, and Benjamin C. Franklin (taking Lipscomb’s place) 1862: resigned to fight in the Civil War James H. Bell (August 1858–August 1864) 1858: elected (as Independent) versus C. W. Buckley (Democrat); assumed position in October 1864: term expired; defeated in bid to be chief justice George F. Moore (October 1862–June 1866) 1862: elected versus Reuben A. Reeves, Medacus A. Long, Thomas J. Jennings, and William W. Wallace Reuben A. Reeves (August 1864–1865, 1876) 1864: elected versus C. W. Buckley (Democrat) and John Sayles 1865: resigned/removed from office at end of Civil War JusTiCes during presidenTial reConsTruCTion (1866–1867) Under the Constitution of 1866, the Supreme Court was increased from three justices to five, popularly elected for ten-year terms. The chief justice was selected by elected justices. All members of this Court were removed by U.S. military authorities in September 1867 as “impediments to Reconstruction.” Chief Justice George F. Moore (August 1866–September 1867) Associate Justices Richard Coke (August 1866–September 1867) Stockton P. Donley (August 1866–September 1867) George W. Smith (August 1866–September 1867) Asa H. Willie (August 1866–September 1867) THe Texas supreme CourT 238 JusTiCes appoinTed By The u.s. miliTary (1867–1870) Chief Justice Amos Morrill (September 1867–July 1870) Associate Justices Livingston Lindsay (September 1867–July 1870) Albert H. Latimer (September 1867–November 1869) Colbert Coldwell (September 1867–October 1869) Andrew J. Hamilton (November 1867–October 1869) Moses B. Walker (December 1869–July 1870) James Denison (January 1870–July 1870) C. B. Sabin (March 1870, no record of service) Judges in Congressional reConsTruCTion (1870–January 1874) Under the Constitution of 1869, the Supreme Court consisted of three judges, appointed by the governor and headed by a presiding judge. Presiding Judge Lemuel D. Evans (July 1870–August 1873) Wesley Ogden (August 1873–January 1874) Associate Judges Wesley Odgen (July 1870–August 1873) Moses B. Walker (July 1870–January 1874) J. D. McAdoo (August 1873–January 1874) JusTiCes in The posT-reConsTruCTion “redeemer” era (January 1874–april...