Elrod confirmed

Another Texan is headed to the 5th U.S. Circuit Court of Appeals. On Oct. 4, the full U.S. Senate confirmed the nomination of Jennifer Elrod to the 5th Circuit. Elrod’s nomination was remarkably smooth, with one minor bump, compared to some nominations to the court. During her July hearing before the Senate Judiciary Committee, Republicans and Democrats gushed over her dedication to legal services and pro bono work. But because Elrod is currently judge of the 190th District Court in Harris County, she has written no opinions; state trial court judges rarely issue written decisions. That seemed to be a problem for U.S. Sen. Benjamin Cardin, D-Md., who questioned whether Elrod had enough experience to sit on the appellate bench. “Judge Elrod has never written a single judicial opinion,” Cardin said. Cardin also pointed out that Elrod had limited experience in criminal law and federal law. But U.S. Sen. John Cornyn, R-Texas, came to Elrod’s defense. “I hope we are not saying that it is a prerequisite to becoming an appellate judge to have previously served as an appellate judge,” Cornyn said. The Senate then confirmed Elrod’s nomination by a voice vote. Elrod did not return a telephone call seeking comment before presstime on Oct. 4. But her nomination stands in stark contrast to that of Priscilla Owen, the last Texas nominee to the 5th Circuit. Owen, a former Texas Supreme Court justice, waited nearly four years before the Senate confirmed her nomination.

-- John Council