A Stay, You Say?

A recent dispute about various statistical-reporting requirements for prosecutors led to a lively summary of the law in Texas about appellate stays.

1. Fifteenth Court. After an appeal by Texas stayed the trial court’s temporary injunction, the Fifteenth Court granted temporary relief, reinstating the trial court’s injunction for the named parties only, and thus staying enforcement of the reporting rules as to those prosecutors during the appeal. Relying on Tex. R. App. P. 29.3, the court said that it was not deciding the merits on limited briefing but found greater risk of immediate, irreparable harm without a short, party-limited stay. A dissent argued that the majority granted injunctive relief without the required preliminary merits assessment or a likelihood-of-success finding.
2. Supreme Court. In December 2025, the supreme court conditionally granted mandamus relief, concluding that the 15th Court limited the State’s legislatively protected supersedeas without undertaking the preliminary merits assessment required by Rule 29.3, and required a further opinion from that court about the matter by early January. A concurrence elaborated further on several points.
3. Fifteenth Court, Redux. Shortly thereafter, the Fifteenth Court affirmed the temporary injunction for the named prosecutors but narrowed it to exclude non-parties. The court held appellees showed a probable right to relief because the Government Code does not grant the Attorney General authority to promulgate the reporting rules, and such authority cannot be implied absent an express grant. The court also upheld findings about injury, including reporting burdens requiring thousands of staff hours and diversion from prosecutions, and compelled disclosure of privileged and confidential. Notably, the Court deemed the injunction overbroad as to non-parties: temporary relief preserves the parties’ status quo, not statewide interests absent proof of irreparable injury to non-parties. A 15th concurrence again provided further explanation.