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Chapter 25 The Texas Judiciary

Copyright © 2511 Pearson Education, Inc. Publishing as Longman Chapter Outline and Learning Objectives Roots of the Texas Judiciary LO 25.1: Trace the historical development of the Texas judiciary. The Structure of the Texas Judiciary LO 25.2: Outline the structure and jurisdiction of the Texas courts.

Copyright © 2511 Pearson Education, Inc. Publishing as Longman Chapter Outline and Learning Objectives Judges and Judicial Selection LO 25.3: Identify the formal and informal qualifications of judges for office, and evaluate the current system of judicial selection. The Judicial Process in Texas LO 25.4: Explain the judicial process in Texas.

Copyright © 2511 Pearson Education, Inc. Publishing as Longman Chapter Outline and Learning Objectives Toward Reform: Changing the Texas Judiciary LO 25.5: Evaluate proposals to reform the Texas judiciary.

Copyright © 2511 Pearson Education, Inc. Publishing as Longman Roots of the Texas Judiciary LO 25.1: Trace the historical development of the Texas judiciary. LO 25.1: Trace the historical development of the Texas judiciary first court: Spanish law Under Republic: English tradition Changes in structure through constitutional amendments More courts and judges as caseloads increased To Learning Objectives

Copyright © 2511 Pearson Education, Inc. Publishing as Longman Which country has had the greatest impact on Texas’s legal system? A.Canada B.Mexico C.Spain D.France E.England LO 25.1 To Learning Objectives

Copyright © 2511 Pearson Education, Inc. Publishing as Longman Which country has had the greatest impact on Texas’s legal system? A.Canada B.Mexico C.Spain D.France E.England LO 25.1 To Learning Objectives

Copyright © 2511 Pearson Education, Inc. Publishing as Longman Texas judiciary 5 levels of courts5 levels of courts –Local trial courts Municipal courts Justice of the peace courts –County Courts Constitutional county court –Appellate cases must hold new trials because most local trial courts are not courts of records County court at law –District Courts –Intermediate Courts of Appeal The Structure of the Texas Judiciary LO 25.2: Outline the structure and jurisdiction of the Texas courts. LO 25.2: Outline the structure and jurisdiction of the Texas courts. To Learning Objectives

Copyright © 2511 Pearson Education, Inc. Publishing as Longman Texas Supreme Court –Civil matters –Petition for review Texas Court of Criminal Appeals –Criminal matters –Applications for discretionary review LO 25.2 The Courts of Last Resort To Learning Objectives

Copyright © 2511 Pearson Education, Inc. Publishing as Longman Which Texas court does not have appellate functions? A.A municipal court B.A constitutional county court C.An intermediate court of appeals D.The Texas Supreme Court E.The Texas Court of Criminal Appeals LO 25.2 To Learning Objectives

Copyright © 2511 Pearson Education, Inc. Publishing as Longman Which Texas court does not have appellate functions? A.A municipal court B.A constitutional county court C.An intermediate court of appeals D.The Texas Supreme Court E.The Texas Court of Criminal Appeals LO 25.2 To Learning Objectives

Copyright © 2511 Pearson Education, Inc. Publishing as Longman Over 3,300 judges in Texas ‒ All but municipal judges selected in partisan elections ‒ Trial judges 4 yr terms ‒ Appellate judges 6 yr terms Judicial qualifications and personal characteristicsJudicial qualifications and personal characteristics ‒ Judges vary in education, but similar in personal characteristics Judges and the Judicial Selection LO 25.3: Identify the formal and informal qualifications of judges for office, and evaluate the current system of judicial selection. LO 25.3: Identify the formal and informal qualifications of judges for office, and evaluate the current system of judicial selection. To Learning Objectives

Copyright © 2511 Pearson Education, Inc. Publishing as Longman TX 1 of 8 states in which all or most judges selected in partisan elections. Exceptions: –Municipal judges elected or appointed by city council –County Commissioners court or governor appoints judges when vacancies arise. Issues –Long ballots and name recognition –Campaign contributions –Accountability –The role of partisan politics LO 25.3 Judicial Selection To Learning Objectives

Copyright © 2511 Pearson Education, Inc. Publishing as Longman How are most judges in Texas selected? A. partisan elections B. nonpartisan elections C. gubernatorial appointment D. through a merit system E. All of the above LO 25.3 To Learning Objectives

Copyright © 2511 Pearson Education, Inc. Publishing as Longman How are most judges in Texas selected? A. partisan elections B. nonpartisan elections C. gubernatorial appointment D. through a merit system E. All of the above LO 25.3 To Learning Objectives

Copyright © 2511 Pearson Education, Inc. Publishing as Longman The Judicial Process in Texas LO 25.4: Explain the judicial process in Texas. LO 25.4: Explain the judicial process in Texas. The Criminal Justice Process –Arrests and searchesArrests –Booking –Magistrate appearance –Grand jury indictment Can waive: 9 of 12 needed to issue a “true bill” –Arraignment –Pretrial motions –Jury selection Can waive: need unanimous verdict –Trial –Appeals To Learning Objectives

Copyright © 2511 Pearson Education, Inc. Publishing as Longman Pretrial Procedures –Plaintiff files petition with court –May request a jury trial; otherwise judge conducts a bench trial Trial Appeals LO 25.4 The Civil Justice Process To Learning Objectives

Copyright © 2511 Pearson Education, Inc. Publishing as Longman At what point in the criminal justice procedure are the charges first explained to the defendant? A.Arrest B.Booking C.Magistrate appearance D.Grand jury trial E.Arraignment LO 25.4 To Learning Objectives

Copyright © 2511 Pearson Education, Inc. Publishing as Longman At what point in the criminal justice procedure are the charges first explained to the defendant? A.Arrest B.Booking C.Magistrate appearance D.Grand jury trial E.Arraignment LO 25.4 To Learning Objectives

Copyright © 2511 Pearson Education, Inc. Publishing as Longman Toward Reform: Changing the Texas Judiciary LO 25.5: Evaluate proposals to reform the Texas judiciary. LO 25.5: Evaluate proposals to reform the Texas judiciary. Reforming the court structure –Simplifying and unifying Reforming judicial selection –Unqualified judges  combine election and appointment –Countywide elections dilute minority vote Reforming campaign finance To Learning Objectives

Copyright © 2511 Pearson Education, Inc. Publishing as Longman In the 1980s, plaintiffs challenged the method of selection of Texas district court judges using the U.S. Voting Rights Act in an attempt to A.simplify the court structure. B.ensure that qualified judges were selected. C.increase minority representation on the bench. D.reduce the influence of large judicial campaign contributors. E.All of the above. LO 25.4 To Learning Objectives

Copyright © 2511 Pearson Education, Inc. Publishing as Longman In the 1980s, plaintiffs challenged the method of selection of Texas district court judges using the U.S. Voting Rights Act in an attempt to A.simplify the court structure. B.ensure that qualified judges were selected. C.increase minority representation on the bench. D.reduce the influence of large judicial campaign contributors. E.All of the above. LO 25.4 To Learning Objectives

Copyright © 2511 Pearson Education, Inc. Publishing as Longman Figure 25.1: What is the structure of the Texas court system? Back To Learning Objectives

Copyright © 2511 Pearson Education, Inc. Publishing as Longman Table 25.1: What are the qualifications for Texas judges? Back To Learning Objectives

Copyright © 2511 Pearson Education, Inc. Publishing as Longman Table 25.3: What punishments do Texas courts give for different offences? Back To Learning Objectives