News & Insights

Dykema’s Michael C. Toth Sworn in as Justice for the Texas 3rd Court of Appeals

Toth Becomes Third Dykema Attorney to Take a Bench Position in Recent Years

September 27, 2018

Dykema, a leading national law firm, is proud to announce that Michael C. Toth, Austin-based senior counsel in the firm’s Commercial Litigation Practice Group, was sworn in as justice on the Texas 3rd Court of Appeals yesterday, September 26, 2018. Toth was appointed by Texas Governor Greg Abbott to replace Justice Bob Pemberton, who retired after 15 years on the Court.

Toth joins Dykema alumni David Schenck and Christine Nowak as Texas-based attorneys who have taken bench positions in recent years. Schenck was appointed by Texas Governor Rick Perry as a Justice on the Fifth Court of Appeals in Dallas, and Nowak took the bench as Magistrate Judge for the United States District Court for the Eastern District of Texas, Sherman Division.

While practicing at Dykema, Toth was also running as a judicial candidate for the Third Court of Appeals, which handles criminal and civil appeals from 24 Central Texas counties. His recent appointment as a justice on the Court is for a term set to expire December 31, 2018, but he will continue to run as a candidate in the November 2018 election to retain his seat beyond 2018.

Prior to joining Dykema, Toth served as Special Counsel to the First Assistant Attorney General in the Texas Office of Attorney General in Austin. Earlier in his career, he clerked for the Hon. Edith H. Jones of the U.S. Court of Appeals for the Fifth Circuit, and for the Hon. Ursula Ungaro of the Southern District of Florida. He is on the Steering Committee of the Federalist Society’s Austin Lawyers Chapter and a member of the American Enterprise Institute’s Leadership Network.

Toth earned his J.D., as well as an M.A. in History, from the University of Virginia, and a B.A., magna cum laude, in History from Stanford University. He also served on active duty as a military trial attorney in the U.S. Marine Corps, rising to the rank of major, and remains active in the reserves. He was awarded two Navy and Marine Corps Commendation Medals, including one for an overseas deployment.