A New Service on the Texas Legal Horizon: Texas Supreme Court Index
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Texas A&M University School of Law Texas A&M Law Scholarship Faculty Scholarship 1-1985 A New Service on the Texas Legal Horizon: Texas Supreme Court Index James Hambleton Jim Paulsen Follow this and additional works at: https://scholarship.law.tamu.edu/facscholar Part of the Law Commons Recommended Citation James Hambleton & Jim Paulsen, A New Service on the Texas Legal Horizon: Texas Supreme Court Index, 48 Tex. B.J. 992 (1985). Available at: https://scholarship.law.tamu.edu/facscholar/522 This Article is brought to you for free and open access by Texas A&M Law Scholarship. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Texas A&M Law Scholarship. For more information, please contact [email protected]. Legal Research A New Service on the Texas Legal Horizon: "Texas Supreme Court Index+" By James Hambleton, Director, State Law Library And Jim Paulsen, Associate, Liddell, Sapp, Zivley & LaBoon, Houston Since the late 1950's the Texas including motions, date of argu- position of an application (where Supreme Court Journal has been a ment, and so on. West's writs tables and Shepard's mainstay of Texas lawyers, offering For any lawyer or firm with a sub- citator differ, for example), the Jour- speedy copies of all supreme court stantial state practice, the informa- nal can settle disagreements, since opinions as well as writ dispositions. tion in the Index+ is quite valuable, the court orders for each week are Though the Texas Supreme Court as it is a key to unlocking the infor- printed at the beginning of each journal is invaluable, it does have mation contained in the Texas issue. one major deficiency. Marian Supreme CourtJournal. The Journal The problem with the Journal, as Boner's Reference Guide to Texas is a treasure trove of court informa- already noted, is that there is no Law and Legal History puts the tion not easily obtained elsewhere. index to this information. While problem succinctly: "There is no For example, the Journalis the most some of the material can be retrieved cumulation, and the cases are not current and readily available source by cross-referencing from the Auto- indexed." for the text of recent supreme court Cite computer system (see 48 Tex. B. A new publication, Texas opinions. When a motion for J. 585) some cannot. Perhaps the Supreme Court Index+, is now rehearing is pending, the delay most significant problem, even the making a creditable bid to fill that before publication in the South- Auto-Cite, is that there is no way to gap. A weekly service originating in western Reporter advance sheets get any information on the supreme Houston, the Index+ contains up- can be quite significant. court status of the most recent cases, to-date data on the disposition of The Journalis also the only source when the court of appeals opinion is appeals by the Texas Supreme for synopses of the issues presented not yet published. Court. The Texas Supreme Court in causes pending before the court, Until now, the only alternative Index+ is not designed to replace or and includes notations of the partic- has been to search the pages of the compete with the Journal. It does ular points of error on which an Journal, issue by issue, to find some not contain the text of opinions, application was granted. While this reference to the case in dispute. This synopses of applications granted, or information is no iron-clad guaran- takes considerable time, and if done the points of error upon which they tee of the points actually argued or a with any regularity will result in pre- were granted. blueprint of the contents of the even- mature nearsightedness. What the Texas Supreme Court tual decision, it is often a broad hint The Index+ saves all this trouble Index+ does provide is a convenient as to what issues in the case are most and is printed in larger type as well. and rapid way to ascertain the cur- troubling the court. Knowing either the case name or the rent status of a case pending before The Journal also provides infor- citation will give immediate access the supreme court. The Index + is an mation about which cases are not not only to information about the 8 '/2 by 11 photocopy of a computer final by listing the applications for current status of the appeal, but a printout. A case can be found either writ of error filed on a weekly basis. date for each significant event. This alphabetically by its name, through The major national services (West, date pinpoints the Texas Supreme a direct and reverse index to case Shepard, Bancroft-Whitney's Auto- Court Journalentry and unlocks all styles, or by checking the court of Cite) provide no such warning, the information with a fraction of appeals citation, in much the same adding information only as action the effort required by other meth- way as one would use the West writs on writs is announced by the Texas ods. tables. The citation index gives the Supreme Court. The Index+ is also speedy. Writs current case status; the direct index Finally, in cases 'where there is tables and citators often suffer from provides full procedural history, some question as to the actual dis- a lag of a month or more. Even com- 992 TexasBarJournal September1985 accuracy. The only problems tion, new features can readily be encountered were one writ and man- added. damus that were merged, due to an Some room for improvement in almost identical cause number, and the format is possible. The Index+ one "n.r.e." where an accompany- currently lists cases in two columns ing per curiam opinion was not down the short side of the page. A noted. smaller, single-column format, with While this accuracy could be the binding on the side instead of the improved, the authors should note top, may be desirable. In addition, in fairness to the Index+ that the the direct and reverse indices might error level compares favorably with profitably be merged, saving some West's writs tables, Shepard's cita- time at the initial stage of determin- tors, and Bancroft-Whitney's Auto- ing whether an appeal has been Cite. (See 47 Tex. B. J. 1260 and 48 taken to the supreme court. Tex. B. J. 585) In addition, where the In short, the Texas Supreme puter services require a week to 10 Supreme Court Clerk's Office and Court Index+ is a very worthwhile days. On the other hand, the the Index + disagreed on the date of addition to any working Texas law Index+ follows a publication sched- Supreme Court action on one of the library. As its format evolves, it ule that places it in the hands of 100 applications checked, Index+ could easily become indispensable. subscribers in a week or so after turned out to be correct. At a cost of $125 per term, or just court action, about the same time as A final feature of the Texas more than $2 per issue, the Index+ the Supreme Court Journalarrives. Supreme Court Index+ that should could be expected to pay for itself In addition to providing the key be mentioned is adaptability. The quickly with time savings and useful to information already in the Jour- format (81/2X 11 xerox sheets) is information. nal, the Index + contains some valu- inexpensive and easily changed. For further information, contact: able information that is published Each issue is cumulative so errors, Texas Supreme Court Index+, 5615 nowhere else. Motions for rehearing once identified and corrected, disap- Morningside Drive, Suite 324, on a writ or on a decided case are pear the succeeding week. In addi- Houston, TX 77005. often filed, and remain pending until some disposition is made by the court. Court action is not officially "final" until a timely filed motion for rehearing is overruled. Cases in which motions for rehearing have been pending for suspiciously long periods of time therefore give rise to a great deal of sometimes-justified DEAN, South Texas speculation. Until the publication of the College of Law Index+, no published source existed through which an attorney could South Texas College of Law has initiated a national search to fill the effective on or before August 1,1986. determine whether a motion for position of Dean, the appointment to be South Texas is a private, independent law school housed at the new Jesse rehearing on an application or deci- H. Jones Legal Center in downtown Houston. The Legal Center, owned and sion had been filed. Even the Texas operated by the College, also provides quarters for the First and Fourteenth Supreme Court Journal contains Texas Courts of Appeals, the Legal Foundation of America, the other entities which enrich the educational environment. The College offers full and part- only the final disposition of a time study leading to the Doctor of Jurisprudence degree, and sponsors motion, not a notation of its filing. many CLE programs, including the Texas College of Trial Advocacy. South The Index+ contains this informa- Texas currently enrolls 1,000 FTE students and has 42 faculty. The College is tion, both in its detailed direct index ABA-approved and is rapidly developing as a major urban institution. As Chief Academic and Operating Officer, the Dean chairs the faculty and and in its case citation index. directs the educational programs of the College. Candidates considered for Like West's and Shepard's cita- the position must possess the J.D. or equivalent from an accredited school tors, the Index+ contains informa- and posses a record of scholarly achievement to qualify for appointment as tion on writ disposition keyed to professor with tenure.