Justice Kerry Fitzgerald

254days since
Election Day

 
 
Personal
 
Kerry and his wife, Kathy, have five children and three grandchildren.  Kathy has worked for years as a volunteer at North Dallas Shared Ministries.  They are members of St. Patrick Catholic Church.  He serves as Eucharistic Minister and is a member of the St. Thomas More Society and the Knights of Columbus.
 
Fifth District Court of Appeals
 
Justice Fitzgerald is a Justice on the Fifth District Court of Appeals.  The Court of Appeals decides criminal, civil, family, juvenile, and probate matters that are appealed from the trial courts in Dallas, Collin, Rockwall, Grayson, Kaufman, and Hunt Counties.  He has served on the Fifth District Court of Appeals since his appointment in 1999.  He was elected in 2000, and re-elected to a full six year term in 2002.
 

Previous Employment
 
Chief, Appellate Section, Dallas County District Attorney's Office:  Supervised the appellate section representing the State of Texas by (1) filing briefs in all criminal appeals, (2) filing the State's appeals in appropriate cases, (3) filing responses in post-conviction applications for writs of habeas corpus in capital and non-capital cases, and (4) advising prosecutors in tiral section.
 
Private Practice (30 years):  Represented individuals, and corporations in civil and criminal litigation at trial and appellate levels in both state and federal courts.  Wrote appellate briefs filed in Texas and Federal appellate courts and presented oral arguments.
 

Education
 
University of Texas School of Law, Austin, Texas, J.D.
Southern Methodist University, Dallas, Texas, B.B.A.
Georgetown University, Washington, D.C.
 
 
Professional Admissions
 
Supreme Court of Texas; United States Supreme Court
United States Court of Appeals for the Fifth, Sixth, and Eleventh Circuits
United States District Court for the Northern District of Texas
 
Contributions
 
Presents "Responsible Choices: A Journey Through The Texas Judicial System" Program to students and adult organizations.  The program stresses core principles, including morals and integrity, personal responsibility and accountability, the importance of making the right choices, and earning a good education.
 
Serves as guest speaker at several area schools and various youth programs, including the Southwest Youth Leadership Conference.
 
Participates in Dallas Bar Association's annual summer Law School Intern Program, the Law Student Professionalism program, the e-Mentoring program, and the Transition to Law Practice Program; coordinator and moderator of annual three hour Ethics Program; Participated on Court of Appeals panel of three Justices which heard oral arguments in a pending civil case at Lake Highlands High School in a program entitled "Appealing to the Public" sponsored by the Law in the Schools and Community Committee of Dallas Bar Association; Judge at the Texas High School Mock Trial Program and Southern Methodist University Law School Moot Court Competition.
 
Board Certified, Criminal Law, Texas Board of Legal Specialization; Former President, Texas Association of Certified Specialists in Criminal Law; Former Director and frequent speaker on state and federal appellate practice at Advanced Criminal Law Course, sponsored by the State Bar of Texas.
 
Texas Court of Criminal Appeals Rules Advisory Committee (Current Member)
 
Texas Bar Journal Editorial Board (Current Member)
 
Former Member of Legislative Subcommittee (analysis of Texas Rules of Evidence); Former member of Dallas Merit Selection Panel (recommends candidates for United States Magistrate Judge to the United States District Judges for the Northern District of Texas at Dallas); Served as assistant foreman of a Dallas County Grand Jury.
 
Former Editor, Voice for the Defense magazine and the Significant Decisions Report, published by the Texas Criminal Defense Lawyers Association; Recipient of President's Award of Excellence, 1989, and President's Award for outstanding service, 1992 and 1994.
 
Speaker at legal conferences, seminars, and programs, and participant on judicial panels sponsored by the State Bar of Texas, the State Bar College "Summer School," the Texas Center for the Judiciary, University of Texas School of Law (2007 Robert O. Dawson Conference on Criminal Appeals), Dallas Bar Association, Dallas Association of Young Lawyers, Collin County Bar Association, Collin County Young Lawyers Association, Grayson County Bar Association, Rockwall County Bar Association, Trans Pecos Bar Association, the Dallas County District Attorney's Office, the Texas Municipal Courts Education Center, and the Council of Appellate Lawyers of the American Bar Association on subjects including "Ethics, The Private Practioner and The Grievance Committee Process in Texas," professionalism, appellate rules and procedure, and other state and federal topics; Delivered Commencement Address, Windham School District GED Graduation Ceremony at Hutchins State Jail (2008).
 

Publications Include
 
"Texas Court of Criminal Appeals Decisions," Texas Bar Journal, (2008)(with Associate Dean Catherine Greene Burnett, South Texas College of Law); "Criminal Law: Confrontation," Texas Bar Journal (2007)(with Associate Dean Burnett); "Changes to the Texas Rules of Appellate Procedure: Ethical and Practical Impacts on Criminal Trial and Appellate Practice," Texas Bar Journal, (2007)(with Associate Dean Burnett); "Criminal Law: Experts and Expertise - An Update," Texas Bar Journal, (2006)(with Bradley Foxman); "Petition For Discretionary Review Revisited: Claimed Malfeasance and Remedial Measures," Texas Bar Journal (2006)(with Associate Dean Burnett); "Criminal Procedure: Pre-Trial, Trial and Appeal," 53 S.M.U. Law Review 833 (2000)(with Katherine Drew, Louisa Wier, and Judy King); "Criminal Law," 51 S.M.U. Law Review 881 (1998); "Criminal Procedure: Pre-Trial, Trial and Appeal," 52 S.M.U. Law Review 937 (1999); 46 S.M.U. Law Review 1261 (1993); and 45 S.W.L.J. 1593 (1992); "The 1980-1981 term: Significant Decisions of the Texas Court of Criminal Appeals," 33 Baylor Law Review 877 (1981).
 

Associations
 
State Bar of Texas
Texas Bar Foundation, Life Fellow
College of the State Bar
Participated in Judicial Section, Appellate Section, Litigation Section, and Criminal Justice Section (Former Chair)
Grievance Committee (Former Member)
 
Dallas Bar Association
Dallas Bar Foundation, Life Senior Fellow
Dallas Association of Young Lawyers Foundation, Founding Fellow
Participated in Law in the Schools & Community Committee (Former Co-Chair), Bench/Bar Conference Committee (Former Co-Chair), Juvenile Justice Committee, Continuing Legal Education Committee, Appellate Law Section, and Criminal Justice Section (Former Chair and Advisory Chair).