Texas voters will see a new statewide court on their ballot in 2026 — throwing even some of the closest political watchers for a loop.
The 15th Court of Appeals was created during the 2023 legislative session to hear challenges to cases with “statewide significance,” including those brought by and against state officials and state agencies, as well as cases challenging state statutes.
Such cases previously moved through regional appellate courts, including the San Antonio-based Fourth Court of Appeals, where judges are elected by the voters in a multi-county region.
But when Texas GOP leaders created a new business court to hear high-dollar corporate disputes — a concept that’s been trending among states competing for the most business-friendly reputations — they also created the new 15th Court of Appeals to hear challenges to its rulings.
While the 15th Court of Appeals has received far less attention than the new business court, experts on both sides of the aisle say it has perhaps much greater potential to become a political lightning rod.
The court hears appeals to many kinds of cases with statewide interest, beyond just the business court. That includes cases involving state leaders and state agencies, for example, ousted Alamo CEO Kate Rogers’ lawsuit naming Lt. Gov. Dan Patrick and Land Commissioner Dawn Buckingham, is the type of case that could go there.
The City of San Antonio’s challenge to the so-called “Death Star” law is another example of the type of case it could take, though the city’s appeal predated the court’s creation.
“The 15th Court of Appeals was basically created by the governor’s office … and it involves litigation involving the state,” said Dallas County Commissioner Andy Sommerman, a Democratic attorney who challenged the new court’s authority and lost. “So if you are suing Gov. [Greg] Abbott in his official capacity, you’ll be going through the 15th Court of Appeals, with the judges he appointed.”
Abbott appointed the court’s three inaugural justices, who will be elected on a statewide basis starting this year. Chief Justice Scott Brister, Justice Scott Field (Place 2) and Justice April Farris (Place 2) are all running to hold their current seats in 2026, and are unopposed in the Republican primary.
They each drew Democratic challengers who are also unopposed in the primary, though the races are still appearing for the first time on both parties’ March 3 ballots.
Because the positions are elected statewide — in a state that hasn’t gone blue in more than three decades — critics have called it a power grab by GOP leaders.
“It seems very clear that the Republican legislature did not like the results of Democrats who’ve been elected to the courts of appeals, so they decided to change the playing field,” Sommerman said in the interview last year.
As for the new business court, its judges aren’t on the ballot because the legislature gave the governor the power to appoint them. It’s a single statewide court, but it has branches in all of the state’s major metro areas, including San Antonio.
Read about all of the judicial candidates on the March 3 primary ballot in the San Antonio Report’s comprehensive judicial voter guide.
Texas’ 15th Court of Appeals candidates
Three Republicans appointed by Gov. Greg Abbott are running to hold their positions in November: Chief Justice Scott Brister, Scott Field (Place 2) and April Farris (Place 3). They are unopposed in the primary.
Three Democrats are running to challenge them in November, and are also unopposed in the primary.
