Justice Don Willett with Judge Brantley Starr
Judge Brantley Starr’s appointment to serve as a federal district court judge in the Dallas Division of the Northern District of Texas is just the latest step in a legal career that exemplifies a deep commitment to public service. Having worked in many facets of Texas state government, on both sides of the bench, he brings a wealth of experience to his position in the federal judiciary.
Judge Starr recently took time out of his busy schedule to share some insights about his background, his career and his experiences so far on the bench. The wide-ranging discussion revealed that Judge Starr has a penchant not only for public service but also classic cars (he is the proud owner of a 1962 VW Ragtop Beetle), and he has fond memories of growing up in West Texas but is very much enjoying settling into the Dallas area.
West Texas roots
The youngest of four siblings, Judge Starr was born in San Antonio, but his family moved to Abilene when he was very young. Yes, he is related to the other (former) Judge Starr, his uncle Kenneth Starr. But this Judge Starr’s parents are not attorneys – his father is a barber, and his mother was a special education teacher.
Judge Starr attended the same public school from kindergarten through high school. Like many budding attorneys, he was active in speech during high school. Less common among attorneys but fitting for a West Texan, he was also involved in the FFA (formerly Future Farmers of America) and agricultural projects, including raising sheep.
Judge Starr pursued his undergraduate degree at Abilene Christian University, and it marked an early milestone in his public service journey. He was part of the Jack Pope Fellowship Program, which is named in honor of Chief Justice Jack Pope’s contributions as a longtime public servant. As part of this program, Judge Starr was able to pursue an interdisciplinary degree with the support of a scholarship. He was also exposed to a variety of public-service opportunities and mentors, including then-Attorney General John Cornyn.
After graduating with honors from ACU, Judge Starr obtained his juris doctor from the University of Texas School of Law. Among other activities during law school, he was the editor-in-chief of the Texas Review of Law & Politics.
Public-service oriented career
After graduating from law school, Judge Starr took his next step in public service, accepting a position in the Texas Attorney General’s office working for then-Deputy Attorney General for Legal Counsel, Don Willett. When Judge Willett was appointed to fill a vacancy on the Texas Supreme Court, he asked Judge Starr to make the move over to the Supreme Court building along with him as one of his first law clerks. Judge Starr accepted the offer and relished the experience of his clerkship with Judge Willett on Texas’s highest civil court – albeit during the pre-Twitter era.
At the end of his clerkship, Judge Starr moved to a position (now known as the Coleman Fellowship) in the Texas solicitor general’s office. This led to a permanent position working with then-Solicitor General Ted Cruz, then-Solicitor General James C. Ho and others to represent the State of Texas in high-stakes legal matters in courts at all levels across the country, including the United States Supreme Court.
Eager to continue developing his litigation skillset, Judge Starr accepted an offer to enter private practice and became the fifth attorney in King & Spalding’s Austin office. During his time at King & Spalding, Judge Starr had a broad-based commercial litigation and appellate practice. He enjoyed private practice – especially the better pay that came along with it – but when an opportunity presented itself to return to the Texas Supreme Court as a staff attorney for Justice Eva Guzman, Judge Starr could not pass it up.
Judge Starr’s second stint at the Texas Supreme Court lasted more than three years. He was then drawn back to the attorney general’s office by an offer to serve as Deputy Attorney General for Legal Counsel (the same position previously held by his former boss and mentor Judge Willett). This was followed by his appointment as deputy first assistant attorney general. In that role, Judge Starr had wide-ranging responsibilities, including maintaining the consistency of legal arguments on behalf of the State of Texas in myriad civil and criminal proceedings.
Judicial appointment
Although Judge Starr always had an interest in eventually serving in a judicial role, he did not anticipate the opportunity would come along when it did. Over the course of nearly a year and a half, Judge Starr was interviewed and vetted before President Donald Trump publicly announced his intent to nominate Judge Starr in March 2019. His nomination was confirmed by a vote of the Senate July 31, 2019, and Judge Starr received his commission early the next month.
Judge Starr’s experiences as a law clerk for Judge Willett and a staff attorney for Justice Guzman had an indelible impact on how he views the work of being a judge. He believes that a judge should not only faithfully apply the law as written but also render written opinions that are accessible and understandable. He appreciates what it takes to prepare opinions that are thorough yet concise, and he is committed to putting in the time and effort to do so.
Despite the COVID-19 pandemic looming over most of his time on the bench, Judge Starr has kept his docket moving. His opinions so far have addressed everything from “a doozy” of a case related to a failed fish-raising venture in VeroBlue Farms USA, Inc. v. Wulf, to issues of personal jurisdiction in DLR, LLC v. Montoya, limits of federal power in takings in Lane v. United States and matters of standing to assert constitutional claims in MA LEG Partners 1 v. City of Dallas.
Tips for practice before Judge Starr
With more than a year under his belt as a federal judge, Judge Starr has developed some pointers and practice tips that attorneys appearing in his court will likely benefit from knowing.
For written submissions, keep in mind the following:
- Do not stretch on the law. Judge Starr or his law clerks will identify overstatements or mischaracterizations, which take a significant toll on credibility with the court.
- When written text is at issue, such as a contract or statutory provision, focus your arguments on the plain text. Recognize that the Fifth Circuit is a textualist court, and the Fifth Circuit is “grading” Judge Starr’s work.
- Do not file unnecessary motions. For example, in most cases, a separate motion to strike evidence is not needed – simply state any objections in the briefing.
Judge Starr is open to scheduling oral arguments when appropriate and conducts those hearings much like an appellate argument. The movant will go first, followed by the respondent and then a brief reply argument. He does not impose strict time limits, but the parties should keep the arguments concise and be prepared to answer questions as he poses them.
Consistent with the procedures and handbook put together by Chief Judge Barbara Lynn, Judge Starr has held several socially distanced proceedings during the COVID-19 pandemic, including a jury trial in August 2020. Those proceedings have worked well, and he plans to continue in a similar fashion as appropriate.
Like the rest of us, Judge Starr is eager for a time when the current restrictions in place are lifted. He looks forward to meeting and interacting with more members of the local bar. In the meantime, you can be assured that he is carrying out the court’s work – whether it be from home or from chambers. If you spot an old VW Beetle on the road near the Earle Cabell Federal Building, you now have a good idea who may be behind the wheel.
Jason Jordan is a partner in the appellate section in the Dallas office of Haynes and Boone.
Editor’s Note: Haynes and Boone is sponsoring a series of articles on members of the judiciary in Texas. Here are links to the other articles lawyers at the firm have written:
https://texaslawbook.net/justice-paul-greens-legacy-on-the-texas-supreme-court/
https://texaslawbook.net/appellate-year-2020-in-review-scotx-and-the-fifth-circuit/
https://texaslawbook.net/qa-with-dallas-county-trial-judge-maricela-moore/
https://texaslawbook.net/houston-federal-judge-david-hittner-loves-jury-trials-and-good-humor/
https://texaslawbook.net/amicus-practice-at-the-texas-supreme-court/