Zach Gibson was kind enough to sit down and discuss his race for the First Court of Appeals, Place Three. Gibson currently practices in the Harris County District Attorney’s Office Appellate division which often has him before the Court of Appeals and emphasized that the experience of regularly appearing before the court is what motivated him to run. “My job is to practice in front of the court of appeals,” he said. “That’s where my qualifications fit.”
The Role of the Court of Appeals
The Court of Appeals is the front line appellate court that reviews decisions from the trial courts. As we have seen on a national level lately, the Courts of Appeals have enormous powers to constrain judicial activism at the district court level.
However, these courts also are, with few exceptions, the court of relief for criminal cases also. Any defendant who is convicted at trial has right to appeal to seek remedy before the Court of Appeals. Also, depending on how the upcoming Constitutional Amendment election fares in November the Court will also have a potentially increasing caseload in bail/bond disputes.
Zach addressed this area directly noting the court occasionally becomes involved in bond disputes. Under recently enacted legislation, if a bond is set by a magistrate, the state has 20 days to appeal, and the Court of Appeals has 20 days to decide whether the bond is insufficient. The change gives both the state and the defendant the same right to seek review through a writ of habeas corpus, creating a more balanced appellate process – an important change since crime victims have no direct access to the courts to challenge bond amounts or conditions that do not protect them or the public safety.
Judicial Oversight and Reversal Standards
When asked about the Court’s role in regulating judicial behavior, Gibson observed that the appellate process sometimes exposes situations where the trial court’s actions cannot be fully corrected because of limits in the law. “The biggest power a judge has over the state,” he explained, “is the ability to strike evidence for the most frivolous reason during trial. If the defendant is acquitted, then the State will never have any recourse.”
We also discussed when reverse and remand versus reverse and render was an appropriate remedy as a render is the Appellate Court substituting their decision for that of the trial court. His answer was more technical than philosophical noting in criminal cases, reversals generally result in remand unless the record shows legal insufficiency, in which case the appellate court may render a judgment of acquittal. In civil cases, factual insufficiency typically leads to remand so that the trial court can address the deficiencies.
Why Choose You? – Experience and Qualifications
Turning to what makes him the best candidate for the position, Gibson stressed that appellate practice is its own specialized area of law. “No one will come to the court with deep expertise in every substantive area,” he said, “but understanding appellate procedure and how to read a record matters most.” He currently handles criminal appeals in front the local courts of appeals, but noted he had a civil practice before hiring on with the Harris County District Attorney Office, so has a broad depth of experience with practice areas.
He currently handles exclusively criminal appeals. 30 to 40% of the COA’s workload is criminal. Before moving to the HCDAO, he handled some parental termination appeals, and some appeals from mental-health civil commitments.
He contrasted his background with his opponents’ experience, noting that Texas public records show he has been lead counsel in 102 appellate cases, compared to roughly 10 for one opponent and 16 for the other. (Note: both opponents continue to practice law so these numbers may rise over time.)
Campaign Approach
When asked about his path to victory, Gibson said his focus is on meeting as many voters as possible across the ten counties within the Court’s jurisdiction. He has already visited each county and plans to continue attending Republican events to share his message. “My goal is simple,” he said. “If voters get to know who I am and what I stand for, they’ll see I’m the most qualified candidate.”
Reducing Division and Improving Efficiency
On the issue of backlog at the Court of Appeals, Gibson said the problem cannot be completely eliminated but can be managed through diligence and sound administration. “The key is to work hard, keep staff-attorney positions filled, and delegate when appropriate,” he explained, adding that the court must also follow its internal operating procedures to maintain consistency and fairness.
Civility and Public Discourse
I had intended to ask about civility and public discourse in all of the interviews this upcoming cycle. Between the assassination attempts on President Trump and the successful assassination Charlie Kirk it seems that we have reached a tipping point in society where political violence is seemed as acceptable to some segment of the population.
This has broader political ramifications, though, as primaries tend to give greater weight to the extreme positions in the party – on both sides – and the discourse in the primaries makes it harder to tack back to the center for the general election.
While judicial races tend to be less partisan in rhetoric, the issue is still important.
He believes candidates bear responsibility for maintaining civility. “You can’t always follow the rule that if you don’t have anything nice to say, don’t say anything at all,” he noted, “but it doesn’t have to be hateful. Never speak of your opponents in a dehumanizing way.”
Closing Thoughts
Gibson’s measured, professional tone throughout the discussion reflected his view that appellate judges serve best when they focus on the law and the record rather than politics or personalities. With years of experience before the Court of Appeals and a deep familiarity with appellate procedure, he hopes voters will see him as a candidate grounded in both expertise and respect for the judicial process.
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