State v. Audi Aktiengesellschaft (Per Curiam)Annotate this Case
In these consolidated appeals the Supreme Court denied Respondents' request to withdraw the Chief Justice's certification letter and dismiss the underlying petitions as improvidently granted, holding that the Governor's appointment of two substitute justices to participate in the determination of these cases did not violate due process or due course of law protections.
After two of the Supreme Court's nine justices voluntarily recused themselves from the case, the Chief Justice requested that the Governor appoint two qualified justices or judges to participate in the Court's determination of these appeals. Respondents objected, arguing that allowing the Governor to appoint justices would create due process and ethical problems where the State was not a party. The Supreme Court denied Respondents' requests to dismiss the petitions as improvidently granted, holding (1) there was no serious risk of actual bias under Caperton v. A.T. Massey Coal Co., 556 U.S. 868 (2009); and (2) the Governor's appointment of the two substitute justices did not taint the commissioned justices with the appearance of partiality or impropriety under the Texas ethical rules.