Texas Supreme Court Rejects Petition for Writ of Mandamus Against Court of Appeals by Sitting Appellate Justice
In In re the Honorable Errlinda Castillo, a sitting justice on Texas's Thirteenth Court of Appeals filed a petition for writ of mandamus against the Thirteenth Court of Appeals as a whole and its other sitting justices. Justice Castillo brought the petition after the court enacted a transition plan that limited Justice Castillo's assignment of additional opinions after Justice Castillo lost a bid for reelection to the court. After the Thirteenth Court amended its transition plan in response to Justice Castillo's petition, the remaining justices argued that her petition was without merit because appellate justices may have a constitutional right to participate in appellate proceedings but they have no entitlement to initial authorship of majority opinions. The Texas Supreme Court agreed, denying Justice Castillo's petition for writ of mandamus.
The Thirteenth Court's Brief
The Texas Supreme Court Opinion