As Chief Justice of the Texas Supreme Court, Charles Waterbury will fight to restore your right to a fair trial by a jury of your peers, as guaranteed in the Texas Constitution. Early 19th century Texans fought for their independence because Mexico "failed and refused to secure, on a firm basis, the right of a trial by jury." In fact, their declaration characterized jury trials as the "palladium of civil liberty, and only safe guarantee for the life, liberty, and property of the citizen." Now, early 21st century Texans need to start a new revolution, rebuking the current Supreme Court for failing just as Mexico did 200 years earlier. How has the Texas Supreme Court failed to secure the right of trial by jury? Read on, and as you wonder, "Can they really do that?" remember the answer is, "Yes, they can-they already have!"

Arbitration Clauses:

An arbitration clause waives your right to trial by jury. How does this affect you? Some corporations require the signing of arbitration clauses as a condition of employment. Even if you refuse to sign, the Texas Supreme Court has ruled that continuing to work under protest constitutes consent to the clause.
Think you can sue your credit card company if they violate their agreement with you? Think again-most credit card agreements include arbitration clauses, meaning you have to argue your case in front of an arbitrator of their choosing, at a location of their choosing, usually at your expense. Think you'll win that battle?

Disregarding Jury Verdicts:

Suppose you were accused of a crime. Suppose a jury in a criminal trial finds you not guilty. Furthermore, a jury in a civil trial rules that you were maliciously persecuted by your accuser. Case closed-you win, right? Not in Texas. In Kroger v. Subaru, juries in both a criminal and civil trial ruled in favor of the defendant, whom Kroger alleged had shoplifted. However, the Texas Supreme Court ruled that Kroger's "belief" of shoplifting justified their actions, overturning two jury verdicts.

Voluntary Payment Rules:

These rulings bar you from seeking a refund if you unknowingly pay a fee later determined to be illegal. How might this affect you? If you attended a Dallas County Community College recently, you probably paid some fees ruled illegal by the Court. If you demanded a refund of those fees, you would find that the Texas Supreme Court has ruled that you are not entitled to a refund because you "voluntarily" paid them in the first place. Do you wonder what might happen if you voluntarily take medication later revealed to be harmful to your health?