Democrats Win Seats on Texas' Highest Courts for the First Time Since 1994 and Sweep the 15th Court of Appeals

For more than three decades, no Democrat had won a seat on either of Texas' two highest courts. That streak ended Tuesday.

Democrats won all four Texas Supreme Court seats on the ballot, won two contested seats on the Court of Criminal Appeals and led for a third and ousted all three Republican justices on the new 15th Court of Appeals, The Texas Tribune reported Wednesday.

Republicans will still hold a 5-4 majority on the Supreme Court and are set for a 6-3 majority on the Court of Criminal Appeals. But the GOP's total control of the state's statewide judiciary is over.

Texas Supreme Court

The Supreme Court is the state's highest court for civil cases. Its nine justices serve staggered six-year terms. Four seats were up this year, and Democrats took every one, according to the Tribune.

• Chief Justice: Republican Chief Justice Jimmy Blacklock, who has led the court since January 2025, lost to Democrat Maggie Ellis, a justice on the Austin-based 3rd Court of Appeals. With 100% of precincts reporting, unofficial Texas Secretary of State returns show Ellis with 5,102,288 votes to Blacklock's 4,625,886, about 52.4% to 47.6%.

• Place 2: Democrat Chari Kelly, also of the 3rd Court of Appeals, defeated Republican James Sullivan, appointed to the high court in 2025.

• Place 7: Republican Kyle Hawkins, appointed in October, lost to Democrat Kristen Hawkins, a Harris County state district judge.

• Place 8: Republican Brett Busby, on the court since 2019, conceded early Wednesday to Democrat Gisela Triana of the 3rd Court of Appeals. The Associated Press declared her the winner hours later.

The court has major cases pending, the Tribune noted, including one asking whether Democratic lawmakers who left Texas to block redistricting can be removed from office.

Court of Criminal Appeals

The Court of Criminal Appeals is the last word on criminal cases in Texas and hears death penalty appeals directly from trial courts. All nine of its judges are Republicans today. Three seats were contested.

• Place 3: Democrat Okey Anyiam, a criminal defense attorney, led Republican Thomas Smith, an assistant attorney general, by more than 237,000 votes with 99% counted, the Tribune reported. The Secretary of State has since reported 100% of precincts statewide. A lead that size is not expected to be overturned, but Dock Line had not confirmed a race call as of Wednesday evening, so we treat the race as unofficial and not yet called.

• Place 4: Democrat Audra Riley, a Dallas County criminal district judge, beat Republican incumbent Kevin Yeary, first elected in 2014.

• Place 9: Democrat Holly Taylor, an appeals attorney, beat Republican John Messinger, an assistant state prosecuting attorney.

15th Court of Appeals

The Legislature created the 15th Court of Appeals in 2023. It hears civil cases involving the state, appeals from the new business courts and challenges to the constitutionality of state laws. Gov. Greg Abbott appointed its first three justices in 2024, and Tuesday was their first general election. All three lost.

Democrat Jerry Zimmerer, formerly of the Houston-based 14th Court of Appeals, defeated Chief Justice Scott Brister. Democrat Tom Baker, formerly of the 3rd Court of Appeals, beat Scott Field, who conceded shortly after midnight; the AP called the race Wednesday afternoon. Democrat Marc Meyer, who runs a private law firm, defeated April Farris.

That court matters more than its size suggests. Lawsuits over state laws and agency actions now run through it, and its makeup changes on the same day Texas elected a Democratic governor and attorney general.

How it happened

The Tribune noted that the last time a Democrat won a seat on either high court was 1994. Judge Lawrence Meyers later switched parties in 2013, giving Democrats one seat on the criminal court until he lost re-election three years later. This year's judicial wins followed blowout Democratic victories at the top of the ticket and record early voting turnout, and several Republican incumbents lost despite far outraising their opponents.

It is fair to suspect that few voters studied the records of individual appellate judges. Many of these races appear to have been decided by the party label at the top of the ballot.

What conservatives should take from it

Many conservatives have long argued that judges should be chosen on their records, not swept in or out by whichever party has a good year. Tuesday makes that argument harder to dismiss. Several experienced judges lost their seats for reasons that had little to do with how they ruled.

That does not make the winners illegitimate. Voters chose them lawfully, and they deserve a fair chance. What Texans should ask of every judge, Democrat or Republican, is what Scripture asks of every judge: "You shall do no injustice in judgment: you shall not respect the person of the poor, nor honor the person of the mighty: but in righteousness shalt thou judge thy neighbor" (Leviticus 19:15).

Judges should apply the law as written, not as they wish it read. If the new justices do that, Texans of both parties will be well served. If they do not, the people who elected them can vote them out, as they did their predecessors.

For background on the down-ballot contests, see our Election Day preview of the Texas races most likely to change hands.

All results are unofficial until canvassed.