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Texas Tenth District Court of Appeals

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The Texas Tenth Court of Appeals is one of 15 intermediate appellate courts in Texas. The court serves the Waco, Texas, area.[1]

Published opinions of the Tenth District Court of Appeals can be found here.
 
Texas Tenth District Court of Appeals
Intermediate Appellate Courts Seal-template.png
Court information
Judges:   3
Salary:  Associates: $192,500[2]
Judicial selection
Method:   Partisan election of judges
Term:   6 years

Jurisdiction

The Tenth District Court of Appeals has appellate jurisdiction over appeals arising from district and county courts in 18 counties:

Texas Eighth District Court of AppealsTexas Seventh District Court of AppealsTexas Eleventh District Court of AppealsTexas Second District Court of AppealsTexas Fifth District Court of AppealsTexas Sixth District Court of AppealsTexas Twelfth District Court of AppealsTexas Ninth District Court of AppealsTexas Tenth District Court of AppealsTexas Third District Court of AppealsTexas Fourteenth District Court of AppealsTexas First District Court of AppealsTexas Thirteenth District Court of AppealsTexas Fourth District Court of AppealsTexas appeals court.png



Judges

Judge Tenure Appointed By

Matt Johnson

January 1, 2025 - Present

Lee Harris

January 6, 2025 - Present

Greg Abbott

Steve L. Smith

September 1, 2021 - Present

Greg Abbott

Salary

See also: Texas court salaries and budgets

In 2025, associate judges serving on the Texas District Courts of Appeals in districts 1 through 14 received a base salary of $192,500, according to the Office of Court Administration. Judges on the Fifteenth District Court of Appeals earned a base salary of $205,000.[3]

Judicial selection

See also: Partisan election of judges and Judicial selection in Texas

The justices of the Texas Court of Appeals are selected in district level partisan elections. The elected justices serve six-year terms, after which they must run for re-election if they wish to remain on the court.[4]

Qualifications

To serve on the Texas Court of Appeals, a justice must be:

  • a U.S. citizen;
  • a resident of Texas;
  • licensed to practice law in the state;
  • between the ages of 35 and 75;*[5][6] and
  • a practicing lawyer and/or judge for at least 10 years.[4]

Chief justice

The chief justice of each district court is selected by voters at large. He or she serves in that capacity for a full six-year term.[4]

Vacancies

In the event of a midterm vacancy, the governor appoints a replacement who must be confirmed by the Texas Senate. The appointee serves until the next general election, in which he or she may compete to serve for the remainder of the unexpired term.[4]

Elections

Texas Tenth District Court of Appeals Chief Justice

See also: Texas intermediate appellate court elections, 2030


There are no official candidates yet for this election.


Texas Tenth District Court of Appeals Place 3

See also: Texas intermediate appellate court elections, 2028


There are no official candidates yet for this election.


Texas Tenth District Court of Appeals Place 2

See also: Texas intermediate appellate court elections, 2026

General election

The primary will occur on March 3, 2026. The general election will occur on November 3, 2026. General election candidates will be added here following the primary.

Democratic primary

The Democratic primary scheduled for March 3, 2026, was canceled.

Republican primary

Republican primary for Texas Tenth District Court of Appeals Place 2

Incumbent Lee Harris (R) is running in the Republican primary for Texas Tenth District Court of Appeals Place 2 on March 3, 2026.


Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Texas Tenth District Court of Appeals Chief Justice

See also: Texas intermediate appellate court elections, 2024

General election

General election for Texas Tenth District Court of Appeals Chief Justice

Matt Johnson (R) won election in the general election for Texas Tenth District Court of Appeals Chief Justice on November 5, 2024.

Candidate
%
Votes
Matt Johnson (R)
 
100.0
 
408,449

Total votes: 408,449
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Democratic primary

The Democratic primary scheduled for March 5, 2024, was canceled.

Republican primary

Republican primary for Texas Tenth District Court of Appeals Chief Justice

Matt Johnson (R) advanced from the Republican primary for Texas Tenth District Court of Appeals Chief Justice on March 5, 2024.

Candidate
%
Votes
Matt Johnson
 
100.0
 
115,824

Total votes: 115,824
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Texas Tenth District Court of Appeals Place 3

See also: Texas intermediate appellate court elections, 2022

General election

The general election scheduled for November 8, 2022, was canceled. Incumbent Steve L. Smith (R) won election in the special general election for Texas Tenth District Court of Appeals Place 3 without appearing on the ballot.

Democratic primary

The Democratic primary scheduled for March 1, 2022, was canceled.

Republican primary

Special Republican primary for Texas Tenth District Court of Appeals Place 3

Incumbent Steve L. Smith (R) advanced from the special Republican primary for Texas Tenth District Court of Appeals Place 3 on March 1, 2022.

Candidate
%
Votes
Steve L. Smith
 
100.0
 
96,556

Total votes: 96,556
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

See also: Texas intermediate appellate court elections, 2020

Texas Tenth District Court of Appeals Place 2

General election

General election for Texas Tenth District Court of Appeals Place 2

Matt Johnson (R) won election in the general election for Texas Tenth District Court of Appeals Place 2 on November 3, 2020.

Candidate
%
Votes
Matt Johnson (R)
 
100.0
 
397,639

Total votes: 397,639
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Democratic primary

The Democratic primary scheduled for March 3, 2020, was canceled.

Republican primary

Republican primary for Texas Tenth District Court of Appeals Place 2

Matt Johnson (R) advanced from the Republican primary for Texas Tenth District Court of Appeals Place 2 on March 3, 2020.

Candidate
%
Votes
Matt Johnson
 
100.0
 
118,046

Total votes: 118,046
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Texas Tenth District Court of Appeals Place 3

General election

General election for Texas Tenth District Court of Appeals Place 3

Incumbent John Neill (R) won election in the general election for Texas Tenth District Court of Appeals Place 3 on November 3, 2020.

Candidate
%
Votes
Image of John Neill
John Neill (R)
 
100.0
 
394,964

Total votes: 394,964
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Democratic primary

The Democratic primary scheduled for March 3, 2020, was canceled.

Republican primary

Republican primary for Texas Tenth District Court of Appeals Place 3

Incumbent John Neill (R) advanced from the Republican primary for Texas Tenth District Court of Appeals Place 3 on March 3, 2020.

Candidate
%
Votes
Image of John Neill
John Neill
 
100.0
 
117,091

Total votes: 117,091
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Texas Tenth District Court of Appeals Chief Justice

General election

General election for Texas Tenth District Court of Appeals Chief Justice

Incumbent Thomas Gray (R) won election in the general election for Texas Tenth District Court of Appeals Chief Justice on November 6, 2018.

Candidate
%
Votes
Image of Thomas Gray
Thomas Gray (R)
 
100.0
 
278,273

Total votes: 278,273
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Republican primary

Republican primary for Texas Tenth District Court of Appeals Chief Justice

Incumbent Thomas Gray (R) advanced from the Republican primary for Texas Tenth District Court of Appeals Chief Justice on March 6, 2018.

Candidate
Image of Thomas Gray
Thomas Gray

Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Previous election results


Ethics

The Texas Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in Texas. It consists of eight overarching canons:

  • Canon 1: Upholding the Integrity and Independence of the Judiciary
  • Canon 2: Avoiding Impropriety and the Appearance of Impropriety in All of the Judge’s Activities
  • Canon 3: Performing the Duties of Judicial Office Impartially and Diligently
  • Canon 4: Conducting the Judge's Extra-Judicial Activities to Minimize the Risk of Conflict with Judicial Obligations
  • Canon 5: Refraining from Inappropriate Political Activity
  • Canon 6: Compliance with the Code of Judicial Conduct
  • Canon 7: Effective Date of Compliance
  • Canon 8: Construction and Terminology of the Code[8]

The full text of the Texas Code of Judicial Conduct can be found here.

Removal of judges

Court of Appeals judges in Texas may be removed in one of three ways:

  • Removal or retirement by a review tribunal upon a Texas Commission on Judicial Conduct recommendation to the Supreme Court. The Commission investigates and, if warranted, prosecutes allegations of judicial misconduct. After a Commission recommendation, the Supreme Court selects a review tribunal made up of Court of Appeals judges to verify the Commission's findings and enter a judgment. Decisions are subject to appeal to the Supreme Court.
  • By the governor on the address of two thirds of the Texas Senate and the Texas House of Representatives.
  • By a two-thirds vote of the Senate, upon impeachment by a majority vote of the House.


History

Below are some key highlights in the court's history:[9]

  • The Texas Legislature authorized courts of civil appeals to issue writs of mandamus and all other writs necessary to enforce their jurisdiction in 1892.
  • The Texas State Legislature created the Tenth District Court of Appeals (then called the Court of Civil Appeals for the Tenth Supreme Judicial District) in 1923.
  • Associate justices James M. Robertson of Meridian and G. W. Barcus of Waco constituted the first court.
  • The Court held its first regular session on the fourth floor of the McLennan County Courthouse at 10:00 a.m. on June 30, 1923.
  • The court's jurisdiction originally included "twelve counties: Bosque, Brazos, Coryell, Falls, Freestone, Hamilton, Hill, Leon, Limestone, Madison, McLennan, and Robertson. The Legislature added Johnson, Navarro, Somervell, and Hood Counties in 1927; removed Hood County in 1929; added Ellis County in 1932; and added Burleson and Walker Counties in 2005."[9]
  • Texas Governor Pat Neff appointed J. N. Gallagher the court's first chief justice. He was sworn in on November 1, 1923.
  • Chief Justice Tom Gray was appointed to his current position by Governor Rick Perry on December 4, 2003.

State profile

Demographic data for Texas
 TexasU.S.
Total population:27,429,639316,515,021
Land area (sq mi):261,2323,531,905
Race and ethnicity**
White:74.9%73.6%
Black/African American:11.9%12.6%
Asian:4.2%5.1%
Native American:0.5%0.8%
Pacific Islander:0.1%0.2%
Two or more:2.5%3%
Hispanic/Latino:38.4%17.1%
Education
High school graduation rate:81.9%86.7%
College graduation rate:27.6%29.8%
Income
Median household income:$53,207$53,889
Persons below poverty level:19.9%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Texas.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Texas

Texas voted Republican in all seven presidential elections between 2000 and 2024.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, one is located in Texas, accounting for 0.5 percent of the total pivot counties.[10]

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Texas had one Retained Pivot County, 0.55 percent of all Retained Pivot Counties.

More Texas coverage on Ballotpedia

See also

Texas Judicial Selection More Courts
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Courts in Texas
Texas Courts of Appeals
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Judicial selection in Texas
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External links

Footnotes

  1. Texas Tenth District Court of Appeals
  2. This is the base salary, which may increase with years of service or if you hold the position of chief judge. Judges on the Texas Fifteenth District Court of Appeals had a base salary of $205,000.
  3. Texas Courts, "Judicial salaries," accessed October 8, 2025
  4. 4.0 4.1 4.2 4.3 American Judicature Society, "Methods of Judicial Selection: Texas," archived October 3, 2014
  5. Texas State Historical Association, "Judiciary," accessed September 12, 2014
  6. While no justice older than 74 may run for office, sitting justices who turn 75 are permitted to remain on the court until their terms expire.
  7. Texas Secretary of State, "Statewide and Court of Appeals Judges Permanent Place Designations"
  8. Texas Judicial Branch, "Texas Code of Judicial Conduct," amended September 1, 2024
  9. 9.0 9.1 Texas Tenth Court of Appeals, "A Brief History of the Tenth Court of Appeals," accessed December 22, 2011
  10. The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.