A judicial forefront
by Catherine Deyarmond
As Texas continues to be a top relocation destination for corporations, the influx brings more than just employment and economic opportunities. This financial boon brings complex legal disputes.
The Texas Office of the Governor reports that the $2.6 trillion Texas economy makes it the eighth-largest economy in the world. Texas has 52 Fortune 500 headquarters, one in 10 publicly traded companies in the U.S., and more than 3.3 million startups and small businesses.
In response to this growing economy, the Texas Business Court was created by House Bill 19 as a statewide, specialized trial court designed to resolve certain complex business disputes. Opening with five Business Court Divisions and 10 appointed judges on Sept. 1, 2024, the St. Mary’s University School of Law is represented by the Hon. Marialyn Barnard (J.D. ’92) of the Fourth Business Court Division in San Antonio and the Hon. Patrick Sweeten (J.D. ’96) of the Third Business Court Division in Austin.
Michael S. Ariens, J.D., Aloysius A. Leopold Professor of Law, said St. Mary’s Law is proud to have two alumni appointed to the court.
“Our graduates are interested in serving their communities on the bench,” he said. “We have two of 10 judges on this court and two of nine Texas Court of Criminal Appeals members. We have judges in both state trial and appellate courts and in federal courts.”
Finding the perfect position
When asked to serve on the court, Barnard said she thought it would be the perfect position because of the culmination of her experiences. While in law school, she interned at the Texas Supreme Court, the Court of Criminal Appeals and the U.S. Attorney’s Office. After graduating, she gained invaluable experience in the Fourth Court of Appeals, the U.S. District Court and the U.S. Attorney’s Office.
Her career included stints at private law firms, accounting firm KPMG and CPS Energy. The courtroom beckoned her, and she was appointed in 2009 by then-Gov. Rick Perry as a judge for the Fourth Court of Appeals, retiring from that role in 2018. She returned to the business world at TXdocs Innovative Legal Software until she was appointed Bexar County Commissioner for Precinct 3 in 2021. Barnard was appointed in 2023 by Gov. Greg Abbott to the Bexar County 73rd District Court before being appointed to the Texas Business Court.
“Over the years, I have learned the importance of having judges with experiential backgrounds hear a case in a specialty court,” she said. “We want someone with expertise in a specific area.”
“Over the years, I have learned the importance of having judges with experiential backgrounds hear a case in a specialty court. We want someone with expertise in a specific area.”
— The Hon. Marialyn Barnard (J.D. ’92)
Barnard said 60 cases have been filed in the new court.
The 10 judges are in Austin, Dallas, Fort Worth, Houston and San Antonio.
Courting challenges
Sitting on a new court comes with challenges, but they often prove rewarding, Sweeten said.
“I’m learning what the court needs are, and I’m working with the other judge in this region to set up processes, hire staff and start working on our caseload,” he said.
The court was established to oversee complex business matters that “very broadly speaking fall in two buckets,” he said. The first bucket includes qualified transactions, including contract actions, of $10 million or more. The second is corporate governance issues impacting a jurisdictional limit of $5 million or more unless it is a publicly traded company with no jurisdictional limit.
“I learned a lot at St. Mary’s,” he said. “It gave me a strong foundation for my legal career.”
— The Hon. Patrick Sweeten (J.D. ’96)
Sweeten’s diverse background on behalf of the State of Texas includes serving as lead counsel in complex litigation matters, such as the Volkswagen Clean Diesel multidistrict litigation, fraud litigation against pharmaceutical giants Johnson & Johnson and Purdue, and in defense of Texas’ redistricting maps during three rounds of legislative redistricting litigation. In the Texas Office of the Attorney General, he spent almost a decade as Chief of the Special Litigation Unit and Deputy Attorney General for Special Litigation.
“I was interested in getting back into the courtroom, not as the advocate but as the arbiter of disputes,” he said. “This is a personal and intellectual challenge.”
Both judges appreciate their legal education at St. Mary’s Law. Sweeten said he remembers great professors, including Professors Paul Ferguson, David Schlueter and Michael Ariens.
“I learned a lot at St. Mary’s,” he said. “It gave me a strong foundation for my legal career.”
Barnard said the education was “phenomenal with wonderful professors.” “I was a full-time mom going to law school,” she said. “Each semester, I wondered how I would balance it, but by the grace of God and the help of my husband, it worked out. I had the maturity and support to start a career that I continue to enjoy today.”
