Perry Selects Scott Brister to Fill Appellate Court Seat

Lubbock, TX, Avalanche-Journal ^ | 11-22-03 | AP

[Theodore R.]

Perry selects Brister to fill appellate seat

AUSTIN (AP) – Appellate court judge Scott A. Brister was named Friday to fill an open seat on the Texas Supreme Court, a job he intends to run for in next year’s election.

Republican Gov. Rick Perry, surrounded by several of the court’s nine justices, announced Brister’s appointment and called him ‘‘one of the most qualified, experienced jurists in Texas.’’

‘‘I am very confident that Justice Brister will serve with distinction for many years on the Texas Supreme Court,’’ Perry said.

Most recently, Brister has been chief justice for the 14th Court of Appeals in Houston. He previously was a justice on the 1st Court of Appeals in Houston and was a trial court judge.

Brister, a Waco native and graduate of Harvard Law School, said he looks forward to working on the Texas Supreme Court and to running his first statewide campaign when he seeks election.

Brister, a Republican, is filling the unexpired term left open when Craig Enoch resigned this year to return to private law practice. That term runs through 2004.

‘‘I’m hoping to extend this opportunity that’s been given me for another six years beyond next November,’’ Brister said. Since becoming a judge in 1989, Brister said, he has run five successful contested races.

State Supreme Court justices serve staggered six-year terms.

As a trial judge, Brister drew attention when he was sued in 1998 by a Houston lawyer who didn’t want him displaying a copy of the Ten Commandments in his courtroom. Brister won the case on a summary judgment. It was permissible for him to have the display because it wasn’t the only item hung on his courtroom walls, he said.

Brister said he offered to take the Ten Commandments down whenever the lawyer came into his courtroom, but that attorney had no cases in his court. He said he never felt the display affected jurors’ decisions.

‘‘I’m not a judge so I can get the Ten Commandments up on the wall. At the same time, I think ... our society has become too worried about things like that,’’ said Brister, a member Salem Lutheran Church in Tomball.

Brister acknowledged he once did free legal work for abortion opponents but said that would have no bearing on his decisions on the state’s high court.

‘‘Of course I did pro bono work for a number of groups until I became a judge 14 years ago, when you have to quit that kind of thing. Let me make it clear, I welcome support from anybody and everybody,’’ he said.

[gunnedah]

Dont tell me the Democrats down there are not filibustering or are they still in New Mexico!

[Theodore R.]

This nomination does not require Senate confirmation, for the state Senate is out of session. If the Senate were in session, the nomination would require 21/31 senators. The judge must run in the March 2004 primary; so he could be there just 14 months if the Democrats have their way, which they usually do not have with the TX Supreme Court.

Also running in the March priamry will be the judge elected to a two-year unexpired term in 2002 -- the one who opposed affirmative action at the University of TX. His name is Steven Smith.

[gunnedah]

I didnt think so I was being funny about the Democrat Senators filibustering Bush's nominees and all their obstructing and the Texas Legislature for leaving the state
over restructuring.