Supreme Court
Hensley v. St. Comm’n on Jud. Conduct
- Case number: 22-1145
- Legal category: Procedure-Trial and Post-Trial
- Subtype: Collateral Attack
- Set for oral argument: October 25, 2023
Case Summary
The issue is whether Hensley’s suit against the State Commission on Judicial Conduct is a collateral attack on a public warning the Commission issued against her.
Hensley is a justice of the peace. For religious reasons, she only officiates weddings between heterosexual couples. The State Commission on Judicial Conduct initiated an investigation into Hensley’s wedding practices. After the Commission issued a tentative public warning, Hensley elected to appear for an informal hearing. After the hearing, the Commission issued a public warning. Rather than appeal to a special court of review, Hensley filed this lawsuit asserting various claims under the Act.
The Commission and its members filed a plea to the jurisdiction, arguing that Hensley’s suit is an impermissible collateral attack on the public warning because Hensley failed to appeal that warning to the special court of review and that both the Commission and its members have sovereign immunity. The trial court granted the plea, and the court of appeals affirmed.
Hensley petitioned for review, arguing that neither preclusion principles nor sovereign immunity bar her suit. The Supreme Court granted Hensley’s petition for review.
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