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Portrait of Hon. Marialyn Barnard

Hon. Marialyn Barnard

Judge · Seat 4A

Texas Business Court · Fourth Business Court Division (San Antonio)

Biography

Judge Marialyn Barnard was appointed by Governor Abbott as a Judge of the Fourth Business Court Division effective September 1, 2024. She has worked in business, private practice, and government. Her previous eleven years of judicial experience includes Judge of the 73rd Judicial District Court in Bexar County and Justice on the Texas Fourth Court of Appeals. She also served on the Bexar County Commissioners Court as Commissioner for Precinct 3. Before her judicial service, Judge Barnard served as an Assistant United States Attorney in the Western District of Texas. She then worked for over 10 years in business as Managing Director of Forensic Litigation for KPMG LLP, In-house Counsel and Director of Business Intelligence for CPS Energy and Vice President of Product Development for TXdocs Software. She also worked as an attorney in private practice at Prichard, Hawkins, McFarland & Young LLP. She is and has been a member of several legal bar associations, committees and civil groups. Judge Barnard received her J.D. from St. Mary’s University School of Law, and as a student, she was an intern for Justice John Cornyn on the Texas Supreme Court and Judge Charles Baird on the Texas Court of Criminal Appeals. Upon graduation, she served as a briefing attorney for Justice Orlando Garcia on the Texas Fourth Court of Appeals as well as a federal law clerk when he became a U.S. District Judge for the Western District of Texas. Prior to law school, Judge Barnard was a high school English teacher after receiving her undergraduate degree in Political Science and English from Texas A&M University Commerce. She also worked in insurance and banking. Judge Barnard is married to her high school sweetheart Dr. Gary Barnard PhD, Clinical Psychologist. They have two children, a married daughter and married son, as well as four grandchildren.

Source: txcourts.gov

Opinions by Judge Barnard (2)

Removal Procedure ×
2025 Tex. Bus. 14 Jurisdiction & Remand April 17, 2025

Post-Amendment Removal Fails: Business Court Reaffirms September 1, 2024 Commencement Date Controls Jurisdiction

In In Re J.W.B. Trust of 2007, Judge Barnard remanded a trust dispute originally filed in probate court in February 2024, holding that a February 2025 amended petition adding a corporate defendant and new claims after the Business Court's effective date did not commence a new action for purposes of HB 19's September 1, 2024 jurisdictional threshold. The decision aligns with ETC Field Services and Sebastian, rejecting arguments that post-effective-date amendments or new parties trigger Business Court jurisdiction.

Removal & Remand H.B. 19 Effective Date Section 8 Commencement Amended Pleadings Probate Court Opinion PDF ↓
2024 Tex. Bus. 5 Jurisdiction & Remand November 07, 2024

Business Court Lacks Jurisdiction Over Pre-Effective Date Cases Under Plain Language of H.B. 19

In Morningstar Winans v. Berry, the Texas Business Court held it lacked jurisdiction over a removal petition for a lawsuit originally filed in 2022, concluding that Chapter 25A's removal procedure applies only to cases commenced on or after September 1, 2024. The decision establishes that the Business Court's temporal jurisdiction is determined by the case filing date, not the date of underlying transactions or events.

Chapter 25A Subject-Matter Jurisdiction Removal & Remand Effective Date Statutory Construction Opinion PDF ↓