Friday marked a changing of the guard at the U.S. Court of Appeals for the Fifth Circuit as Judge Jennifer Walker Elrod, who has served on the court since 2007, took over the role of chief judge for Priscilla Richman, who had helmed the court since 2019.
In an interview Friday, Chief Judge Elrod told The Texas Lawbook she is “honored” to serve as the court’s 13th chief judge.
“I hope to follow the excellent example set by my predecessor, Chief Judge Priscilla Richman,” she said. “Our court is one of the busiest in the nation, and we take very seriously our responsibility to correctly decide the cases that come before us according to the rule of law. I expect to continue our court’s focus on resolving cases efficiently, using technology to enhance our processes, and educating the public about the judiciary’s role in our system of government.”
Gregg Costa, who formerly was a judge on the Fifth Circuit alongside Chief Judge Elrod and now is in private practice with Gibson Dunn in Houston, told The Lawbook that Judge Richman is “an outstanding chief judge.”
“Early on in her tenure, Covid hit and she did a great job of transitioning the court to the unprecedented situation of remote arguments and keeping the docket moving,” he said. “I look forward to seeing Judge Elrod in the chief judge role. She is very collegial and has extensive experience leading various judicial committees. So, she is very well suited for the role.”
Chief Judge Richman’s legacy will be one of efficiency, said Christopher Kratovil of Dykema, noting she both guided the court in its efficient handling of a busy docket and also guided the court through the unknowns that went along with administering justice in the middle of a global pandemic.
“Chief Judge Richman successfully led the Fifth Circuit through the unprecedented COVID era, implementing practical measures such as the temporary switch to Zoom arguments and increased ECF/CM capabilities,” he said. “Under Chief Judge Richman’s leadership the Fifth Circuit Clerk’s Office also deployed several tools that make life easier on practitioners by simplifying the brief filing process and identifying technical errors before a brief is filed. I believe Chief Judge Richman will be remembered for leading an efficient, productive, and user-friendly appellate court.”
The Fifth Circuit decides more cases per judge than any other court in the country. Chief Judge Elrod said one of her priorities in her new role will be to “continue to engage technology” to both aid in access to justice and to help the court “perform our duties in an efficient way.”
She received a bachelor’s degree in economics from Baylor University in 1988 and has been recognized as an Outstanding Young Alumna of that school and formerly served as a member of its Board of Regents. She earned her law degree from Harvard University in 1992 and, in 2018, was recognized by the Harvard Federalist Society as its Alumni of the Year. After law school, she clerked for U.S. District Judge Sim Lake in Houston and then joined Baker Botts in private practice. She previously served as judge of the 190th District Court in Harris County for six years. Currently, she also serves as the Jurist-in-Residence at the South Texas College of Law Houston, teaching civil procedure and First Amendment law.
Kratovil said Chief Judge Elrod will bring “a different background to the leadership of the Fifth Circuit than her predecessors.”
“She’s the first former trial judge to lead the Fifth Circuit in decades,” he said. “Judge Elrod is probably categorized by most observers as a judicial conservative, but she’s not viewed and an idealogue and — as you might expect from a former trial judge — there appears to be pragmatism in her judicial philosophy.”
Fifth Circuit Judge James Ho told The Lawbook that Judge Elrod is “beloved on our court.”
“She genuinely respects her colleagues, engages with different viewpoints, and always listens and keeps an open mind,” he wrote in an email. “These are attributes that everyone should have, and that you especially want to see in a judge, but that we don’t always see in life.”
David Coale of Lynn Pinker Hurst Schwegmann also said Judge Elrod is well suited for the role.
“Judge Elrod’s a great match for that job because, as her extensive bar activity shows, she works hard to get along with lawyers of all perspectives and points of view,” he said.
Chief Judge Elrod said Friday it’s always been important to her to listen and engage with those who have differing points of view.
“I believe that we are all in this endeavor together to uphold our Constitution and try to follow the rule of law and this enterprise works best when everyone gets to participate and have their say,” she said, explaining her philosophy. “And we can learn from each other if we’re all at liberty to engage.”
“I also believe iron sharpens iron … by learning what others who think differently believe, and what the basis for that belief is, that can help you to better reinforce your view, or perhaps, to change your mind.”
Preparation for her new role, which comes with many administrative duties, including the handling of disciplinary issues involving other judges, came in some ways from her service as the Chair of the Committee on Codes of Conduct for the Judicial Conference of the United States.
She wrapped her tenure as chair on Monday and took on the role of Chief Judge four days later.
“It’s a great joy of my life to serve on this court,” she said. “And I look forward to continuing to do that.”
Chief Judge Elrod is the 2015 recipient of the Texas Center for Legal Ethics Chief Justice Jack Pope Professionalism Award, which is presented annually to an appellate lawyer epitomizing “the highest level of professionalism and integrity.”
Warren Harris of Bracewell, who chairs the firm’s appellate practice, has known Chief Judge Elrod for nearly 20 years. They’ve worked on various committees together over the years, but one collaboration that stands out to him, he said, involves Harris’ pet project, called Teach Texas, which aims to enlist lawyers and judges to visit seventh-grade students at school and teach them about the judiciary and its history.
“She has been one of the most active participants and one of the best advocates” of the program, Harris said. “I’ve gone out and taught with her, and she’s wonderful with the students. That’s a passion of hers … She had such a nice touch with them.”
Harris also has had the opportunity to argue before Judge Elrod and was complimentary of her tough but fair questioning of attorneys who appear before her. “She is always kind and polite even in asking very hard questions,” he said. “You never feel like she is trying to put you on the spot or demean you or demean your position in the case. She’s there to ask a hard question … But she always has a great demeanor in that regard.”
Mark Curriden contributed to this report.