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The Standards for Appellate Conduct were jointly promulgated by the Texas Supreme Court and the Texas Court of Criminal Appeals in 1999. The adoption of the Standards by the two highest appellate courts in Texas made Texas the first jurisdiction in the United Sates to adopt a set of ethical and professional standards specifically tailored to the appellate practice. They are intended to guide the conduct of attorneys and judges practicing in every appellate court in the State of Texas. ADJT’s attorneys are committed to practicing within the guidelines established by these Standards.
ADJT partner Kevin Dubose was instrumental in the development of the Standards for Appellate Conduct. In 1995-96, when he served as Chair of the State Bar of Texas Appellate Section, Mr. Dubose suggested that the Section draft and promote standards of professionalism applicable to those practicing in appellate courts. Kevin appointed a committee of respected appellate lawyers to execute this task, and even took advantage of the opportunity to serve on the committee himself, assisting in the drafting of the Standards. He then joined with several other appellate lawyers in the process of circulating a draft of the Standards to all appellate judges in the State for comment, guiding the Standards through the political channels of the State Bar of Texas to secure its approval, and, finally, lobbying the Supreme Court of Texas and the Texas Court of Criminal Appeals to adopt and promulgate the Standards.
The result of these efforts is a set of standards that acknowledges that appellate lawyers tend to live by a higher code of professionalism than what is sometimes seen among necessarily more combative trial lawyers. More importantly, it affirms that appellate justices want to see appellate advocates rise above gamesmanship, sharp practices, and personal attacks, and fairly present legal disputes on the merits to assist the appellate courts to achieve justice and improve the state of the common law.
To assist our clients to become better informed about the conduct that is expected of us in the appellate courts of Texas, we provide the Standards here in their entirety.
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