Texas Supreme Court Accused of Hiding Behind Per Curiam Opinions
Updated: A report issued today accuses the Texas Supreme Court of using unsigned per curiam opinions to shield the justices from criticism.
The report found that 57 percent of the court’s opinions issued in the 2006-07 term were unsigned, more than double the number issued in the 2002-03 term, the Associated Press reports.
“All too often, the Texas Supreme Court uses per curiam opinions as a shield to hide behind when they render decisions that are controversial, leaving them unaccountable to voters,” the report said. “By relying too heavily on unsigned per curiam opinions, the court operates in the shadows, allowing little public scrutiny and failing to light the way for future jurists.”
The report, In the Shadows: A Look into the Texas Supreme Court’s Overuse of Anonymous Opinions (PDF), was issued by the judicial watchdog group Texas Watch.
Texas Supreme Court Chief Justice Wallace Jefferson told AP the secrecy claim was a “relatively frivolous allegation.” He said he has worked to make the court’s work available to the public by publishing opinions online and broadcasting oral arguments. He said more per curiam opinions are issued when there are “dozens of opinions waiting on the issuance of a single case.”
Updated at 12:47 p.m. to include link to the report.
