© 2012 The Texas Lawbook.
By Mark Curriden, JD
Senior Writer for The Texas Lawbook
When then Texas Supreme Court Justice Dale Wainwright resigned in September, more than a dozen prominent sitting appellate and trial court judges publicly applied for the opening.
On Monday, Gov. Rick Perry made his choice: none of the above.
Instead, Perry appointed Jeffrey S. Boyd, the governor’s chief of staff and former general counsel – a decision that is getting widespread approval from defense and plaintiffs lawyers alike.
A former litigation partner at Thompson & Knight, Boyd has no judicial experience but he was state deputy attorney general over litigation between 2000 and 2003.
“I’ve known Jeff since he was a baby lawyer at Thompson & Knight,” says Deborah Hankinson, a former state justice and now a partner who specializes in appellate law and mediation at the Hankinson Law Firm in Dallas. “Jeff is a very fine lawyer. He is very even-tempered and is willing to listen to all sides. I think he will apply that quality to his decision making and he will be a thoughtful judge.”
Boyd will be sworn in as a justice on Dec. 3, but, in an odd twist, will face Senate confirmation hearings next year. Should Boyd decide to stay on the court, he will face the electorate in 2014.
In a written statement, Gov. Perry said he selected Boyd because he is a “highly-respected attorney who has consistently excelled.”
“His addition to the court will continue to protect the rule of law and further the tradition of defending the freedoms that Texans so vigorously uphold,” Gov. Perry said in a written statement. “He has earned my confidence, and the confidence of those he has worked with in all his endeavors… He has a brilliant legal mind [and] he is committed to preserving the rule of law.”
Boyd majored in religion at Abilene Christian University and graduated summa cum laude from Pepperdine School of Law in 1991.
State Senator Robert Duncan (R-Lubbock), who worked with Boyd on various legislative matters, says the new justice is a “pragmatic lawyer who has a good handle on public policy and is a good choice” for the state Supreme Court.
“I think this is a very positive choice,” says Duncan, who is a partner at Crenshaw, Dupree & Milam in Lubbock.
James Ho, a former Texas Solicitor General and now a partner at Gibson, Dunn & Crutcher in Dallas, says Boyd is “an exceptionally strong appointment.”
“His extensive experience at the highest levels of state government, combined with his impeccable legal mind, make him a dream appointment for our state’s highest court,” says Ho.
Even plaintiff’s lawyers are praising Boyd as a good selection.
“Jeff is analytic, reasonable and very knowledgeable,” says Houston attorney Mike Gallagher, a past president of the Texas Trial Lawyers Association who worked with Boyd in negotiating HB-274, the loser pays and expedited trials legislation in 2011.
“He’s a good lawyer, knows what he’s doing and will make an excellent contribution to the court,” says Gallagher. “He’s a fair-minded person and he has a deep commitment to doing the right thing. He has all the attributes to be a great justice.”
Reagan Simpson, a partner at Yetter Coleman in Austin, says that Boyd’s name “caught a lot of us by surprise,” noting that several prominent appellate court judges were thought to have been frontrunners for the appointment.
“Maybe it shouldn’t have surprised us, as Gov. Perry appointed Justice Willet, who had no judicial experience, and Justice Medina, who also was in the governor’s office,” says Simpson, who heads the firm’s appellate practice. “It gives a different dimension to the Supreme Court.”
© 2012 The Texas Lawbook. Content of The Texas Lawbook is controlled and protected by specific licensing agreements with our subscribers and under federal copyright laws. Any distribution of this content without the consent of The Texas Lawbook is prohibited.