--- title: "Walter David Counts III | KnowJudges" canonical: "https://knowjudges.com/kyj/judge/walter-david-counts-iii" page_type: "judge_profile" updated: "2026-10-09" --- # Walter David Counts III U.S. District Court for the Western District of Texas · Judge ## Profile - Court: U.S. District Court for the Western District of Texas - State: Texas - Role: Judge - Service status: active - Last verified: 2026-07-25 ## Summary Official statewide and applicable court procedural guidance applies to this judge. ## Biography ### Professional career - Texas Army National Guard (1989–present) U.S. Army (2004–2006, Operation Enduring Freedom, Afghanistan) State Judge Advocate, Texas (2006–2019) Current rank: Colonel - Judge, District Court, W.D. Texas, 2018-present - Current role: Judge, U.S. District Court for the Western District of Texas (2018–present) - Incumbent United States District Judge for the Western District of Texas, appointed by President Donald J. Trump and confirmed by the Senate on January 11, 2018, with commission issued January 17, 2018 - Previous role: U.S. Magistrate Judge, same court (2009–2018) - Assistant U.S. attorney, Western District of Texas, 1995-2009 - Assistant District Attorney, Travis County, TX (1987–1990; 1991–1995) - Legal practice: Associate at Martin, Cox, Greenberg & Jones (1986–1987) - Official court page: U.S. District Court – Judge David Counts ### Education - Saint Mary's College — J.D. (1986) - St. Mary’s University School of Law — J.D. (1986) - Texas Tech University — B.A. (1983) ### Additional information - colonel, 2007-present - Magistrate, District Court, W.D. Texas, 2009-2018 - Nomination history: First nominated by President Obama in 2016; nomination expired without Senate vote Renominated by President Trump in 2017; confirmed 96–0 by the Senate - U.S. Army lieutenant colonel, 2004-2006 - Private practice, Austin, TX, 1990-1991 - Private practice, Austin, TX, 1986-1987 - Born 1961 in Knox City, Texas. - Date of birth: 1961-01-01 - Predecessor: Robert A. Junell (senior status) - Birth place: Knox City, TX ## Before you appear - Read the judge-specific standing order first when one is listed. - Check the docket and case orders for requirements that supersede broader guidance. - Confirm current remote-access and courtroom technology arrangements before the proceeding. ## Courtroom Rules ### electronic trial exhibits Scope: courtwide The Western District of Texas publishes JERS guidance for electronically capturing trial evidence and provides evidence-presentation equipment to members of the bar practicing in the district. Evidence excerpt: The U.S. District Court for the Western District of Texas uses the Jury Evidence Recording System (JERS) to capture evidence electronically during a trial. The Court provides evidence presentation equipment to any member of the bar practicing within the Western District of Texas. [JERS, Jury Evidence Recording System](https://www.txwd.uscourts.gov/for-attorneys/jers-jury-evidence-recording-system) Source checked: 2026-07-26 ### electronic exhibit submission Scope: courtwide For JERS electronic exhibit submission, the Western District of Texas publishes a single-storage-device requirement and directs parties to submit files by the deadline set by the assigned courtroom deputy. Evidence excerpt: All files must be provided on a single storage device such as a CD, DVD, or USB drive. ... All files must be submitted based on the deadline set by the CRD associated with your case. [JERS, Jury Evidence Recording System](https://www.txwd.uscourts.gov/for-attorneys/jers-jury-evidence-recording-system) Source checked: 2026-07-26 ### civil remote testimony Scope: courtwide In federal district-court civil proceedings, testimony is ordinarily taken in open court; remote contemporaneous testimony requires good cause in compelling circumstances and appropriate safeguards. Evidence excerpt: For good cause in compelling circumstances and with appropriate safeguards, the court may permit testimony in open court by contemporaneous transmission from a different location. [Federal Rule of Civil Procedure 43(a), Testimony in Open Court](https://www.uscourts.gov/forms-rules/current-rules-practice-procedure/federal-rules-civil-procedure) Source checked: 2026-07-26 ### criminal recording and broadcasting Scope: courtwide Federal district courts may not permit courtroom photography or broadcasting during criminal judicial proceedings unless a statute or another federal rule provides an exception. Evidence excerpt: Except as otherwise provided by a statute or these rules, the court must not permit the taking of photographs in the courtroom during judicial proceedings or the broadcasting of judicial proceedings from the courtroom. [Federal Rule of Criminal Procedure 53, Courtroom Photographing and Broadcasting Prohibited](https://www.uscourts.gov/court-records/access-court-proceedings/remote-public-access-proceedings/history-cameras-broadcasting-and-remote-public-access-courts) Source checked: 2026-07-26 ## Sources - [Official profile](https://www.fjc.gov/node/4028221) - [Official roster](https://www.fjc.gov/node/4028221) - [Federal Judicial Center biography](https://www.fjc.gov/node/4028221) - [CourtListener judicial biographical directory](https://www.courtlistener.com/person/8566/walter-david-counts-iii/) - [JERS, Jury Evidence Recording System](https://www.txwd.uscourts.gov/for-attorneys/jers-jury-evidence-recording-system) - [Federal Rule of Civil Procedure 43(a), Testimony in Open Court](https://www.uscourts.gov/forms-rules/current-rules-practice-procedure/federal-rules-civil-procedure) - [Federal Rule of Criminal Procedure 53, Courtroom Photographing and Broadcasting Prohibited](https://www.uscourts.gov/court-records/access-court-proceedings/remote-public-access-proceedings/history-cameras-broadcasting-and-remote-public-access-courts) - [CourtListener judicial biographical directory](https://www.courtlistener.com/person/8566/walter-david-counts-iii/) - [Wikidata: Walter David Counts III](https://www.wikidata.org/wiki/Q23073339) ## JSON-LD ```json { "@context": "https://schema.org", "@graph": [ { "@type": "WebPage", "@id": "https://knowjudges.com/kyj/judge/walter-david-counts-iii", "url": "https://knowjudges.com/kyj/judge/walter-david-counts-iii", "name": "Walter David Counts III | KnowJudges", "description": "Walter David Counts III, U.S. District Court for the Western District of Texas. 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Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. [Official source](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-civil-procedure.pdf). Collected 2026-10-27. - [Federal Rules of Criminal Procedure, December 1, 2025](https://knowjudges.com/courtroom-rules/national-shared-set-8721a344fececced2257fe1d) — Criminal proceedings in United States District Courts; this conservative mapping does not distribute appellate-specific provisions to appellate judges. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. [Official source](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-criminal-procedure.pdf). Collected 2026-10-27.