Justice, 1st Court of Appeals, Place 5
Amy Guerra
Democrat
Qualifications
What training, experience, and characteristics qualify you for this position?
I am the incumbent judge and have decided nearly 600 appeals in six years. I previously handled complex cases in state and federal trial and appellate courts, and I was named a Texas Super Lawyer.
Ethics
How will you ensure your rulings remain impartial and free from both political pressure and the interests of your campaign donors?
I have been on this court almost six years and have always decided cases fairly and impartially, based on the law and the facts of each case. I carefully review cases, and I voluntarily recuse myself when my impartiality might reasonably be questioned. And I have never allowed my personal beliefs, political persuasion, or campaign donors to influence my decisions.
Equity
What barriers prevent Texans from accessing the court system, and what can courts do to reduce those barriers?
Costs of litigation can prevent parties from appealing rulings against them. This is especially true for litigants in civil cases because defendants in criminal cases have the right to have a lawyer appointed to represent them for free. For civil litigants who cannot afford a lawyer, I recommend visiting the “Self-Help Resources” on the court’s website to help find a lawyer.
Precedent
: What factors should the Court of Appeals consider when deciding whether to change a past court ruling?
Overruling a prior decision from our court is not taken lightly. To consider a departure from our own precedent, we should determine whether there is a new decision from a higher court that informs our analysis, a change in the language of a statute, a new statute, or a noticeable shift in decisions from other courts with persuasive opinions on the same or similar facts.
Philosophy
What is your judicial philosophy?
I am passionate about public safety, upholding the rule of law, and ensuring everyone’s rights no matter who you are. I review each case starting from a neutral position to arrive at a decision that is faithful to the law. I have issued signed opinions in hundreds of cases and each of my opinions has been 100% unanimous, showing I work well with all my colleagues on both sides of the aisle.