Chapter 25

The Texas Judiciary

Pearson Education, Inc. © 2008

American Government9th Editionto accompany Comprehensive, Alternate, Texas, and Essentials Editions

O’Connor and Sabato

The Development of the Texas Judiciary The first courts in Texas were established in the

Austin colony. Stephen F. Austin was appointed a provisional justice

of the peace for the province of Texas in 1822. As an independent republic, Texas created a judiciary

that reflected English tradition primarily. The basic judicial structure came from the 1836

constitution. Every constitution retained popular election of

judges. Over time, constitutional amendments and legislative

acts have made the system one of the most complicated and confusing in the country.

The Structure of the Texas Judiciary Local Trial Courts

Have limited jurisdiction Municipal courts

Exercise original jurisdiction over traffic misdemeanors

Maximum penalty in these cases—a fine or sanction that does not include confinement to jail or imprisonment

Class C misdemeanors such as public intoxication and simple assault

2005: over 8 million new cases filed in Texas municipal courts 83 percent involved traffic violations

The Structure of the Texas Judiciary

Justice of the peace courts Local county court for minor crimes and

civil suits Exercise exclusive original jurisdiction in

civil cases involving less than $200 Concurrent original jurisdiction with district

and county courts in civil cases involving less than $5,000

Function as small claims courts The people’s courts

The Structure of the Texas Judiciary

County Courts Constitutional county courts

Constitutionally mandated court for criminal and civil matters

Have concurrent original jurisdiction with civil matters, justice of the peace courts and with district courts

Have jurisdiction over probate cases (wills and estates) unless they are contested

Also exercise appellate jurisdiction

The Structure of the Texas Judiciary

Trial de novo New trial, necessary for an appeal from a

court that is not a court of record

County court at law Statutory county court to relieve county

judge of judicial duties

County courts handle many cases 904,000 in 2007 70 percent were criminal cases

The Structure of the Texas Judiciary

District Courts Court of general jurisdiction for serious

crimes and high-dollar civil cases

Intermediate Courts of Appeal Intermediate appellate court for criminal

and civil appeals 14 courts of appeal with nearly 80 judges

The Structure of the Texas Judiciary

The Supreme Courts Texas Supreme Court

Court of last resort in civil and juvenile cases Texas Court of Criminal Appeals

Court of last resort in criminal cases Petition for review

Request for Texas Supreme Court review, which is granted if four justices agree

Applications for discretionary review Request for Texas Court of Criminal Appeals

review, which is granted if four judges agree

Judicial Qualifications and Personal Characteristics

More than 3,200 judges in Texas Except for municipal judges all are

selected in partisan elections Texas Constitution establishes the

qualifications for most judges. These vary by judicial office. Variation in terms of education and

training Personal characteristics are similar.

Judicial Selection Partisan elections One of only 8 states that elect all or most of

their judges this way Two exceptions

Municipal judges Filling vacancies in other judicial offices

Questions of accountability and the ability to remain fair and impartial when campaign contributions are at stake

Criticisms of the Texas Judicial Branch

Reforming the Court Structure Overlapping jurisdiction Allows an attorney to “shop” for justice Various suggestions for reform including merger

of the two supreme courts Reforming Judicial Selection

Recommendations have been made that Texas adopt a merit system for selecting judges

Other reforms suggested but no movement on compromise given the varied interests in judicial selection

Criticisms of the Texas Judicial Branch

Reforming Campaign Finance High cost of judicial campaigns Judicial Campaign Fairness Act in 1995

Act limits contributions to judicial candidates, depending on the office

Several loopholes in the act Amassing large war chests Conflict of interest (case involves contributor –

no requirement to recuse)

Criticisms of the Texas Judicial Branch

Increasing Minority Representation on the Bench Why so few minorities on the bench in

Texas? High cost of judicial campaigns Racially polarized voting in statewide and

countywide elections Small numbers of Hispanics and African

Americans who are licensed attorneys

The Judicial Process in Texas The Criminal Justice Process

Arrest and Searches Booking Magistrate Appearance Grand Jury Indictment Arraignment Pretrial Motions Jury Selection

Voir dire Trial Appeals

The Civil Justice Process Pretrial Procedures

Injured party (plaintiff) files petition with the clerk of the court that will hear the case

Complaints and indicates remedy sought Written reply by defendant May settle out of court Either party may request a jury trial. Otherwise the judge conducts a bench trial,

determining the facts and applying the applicable law.

The Civil Justice Process

Trial Presentation of evidence and witnesses

to prove the bases of complaint Challenge of defendant’s attorney of the

evidence—cross-examination of witnesses

Presentation of defendant’s evidence, which may be challenged

Appeals