The Court System in Texas Chapter 5 The Court System in Texas

Demonstrate knowledge of the judicial branch of Texas government. Upon completing this chapter, you will be able to… Demonstrate knowledge of the judicial branch of Texas government.

Court Decision Making Two sources of law: legislatures and courts Statutory law, Codes of Criminal and Civil procedure Precedent and Constitutional law Majoritarianism and counter-majoritarianism The rule of law governs Maintains a passive role Upholds rules of access and procedure Confines decisions to specifics of the case Appears objective Key terms: stare decisis objectivity

Judicial Federalism Conflicts between federal and state law resolved in favor of federal authority Article VI Most cases go to state courts Original versus Appellate jurisdiction

Trial and Appellate Courts Trial courts Appellate courts Localized Citizen participation Facts of a case Centralized Limited citizen participation Points of law and procedure Key terms: trial courts appellate courts

The Structure of State Courts Magistrate or Minor Courts Municipal Courts JP Courts County Courts Constitutional and Statutory County Courts District Courts Appellate Courts Supreme Courts Texas Criminal Court of Appeals Texas Supreme Court Key terms: magistrate functions trial de novo courts

Minor Courts Municipal Courts (915) Justice of the Peace Courts (822) Judges are appointed by City Council Exclusive jurisdiction over city ordinances Appeals heard de novo Limited civil jurisdiction Justice of the Peace Courts (822) Judges are elected to 4-year terms by precinct Original jurisdiction in civil cases under $10K Original jurisdiction in fine-only criminal cases Key terms: magistrate functions trial de novo courts

County Courts Judges are elected for 4 year terms in county wide elections and the County Judge presides over County Commissioner’s Court—required to be “well-informed” Constitutional Courts (254) Original jurisdiction $200-10K Probate (statutory—18) Misdemeanors with fines over $500 or jail Juvenile matters Appeals tried de novo Statutory Courts (231) All civil, criminal original and appeals defined by law Matters involving more than 100K

District Courts Primary trial court in Texas (453) Original jurisdiction in civil actions over $200 or $500 Divorce, land titles or contested elections Original jurisdiction in felony criminal matters 13 are designated criminal district courts, but others may be directed to give preference to other certain specialized areas.

Appellate Courts Appellate Courts (14) are the intermediate courts of appeal in their respective districts, two courts (1st and 14th are based in Houston) Each court has a chief justice and at least two additional members of the bench but the legislature can and has expanded this number (Houston has 9 and Dallas has 13) Appellate judges are elected to six-year terms 35 years old 10 years of legal experience *judge or attorney

Highest Appellate Courts Texas Supreme Court Decide civil appeals and matters involving juveniles Sets up the administrative rules and procedures for the Texas Judiciary Appoints the Board of Law Examiners Texas Court of Criminal Appeals Decides criminal appeals Automatically hears death penalty cases Appellate judges are elected to six-year, staggered terms 35 years old 10 years of legal experience *judge or attorney

Judicial Selection Federal judicial appointments Appointed by president and serve for life Variety of methods used at state level Key terms: merit system, or Missouri system

Judicial Selection in Texas Names Can Skew Judicial Elections Straight Ticket Voting Campaign Contributions Gender and Minority Representation in the Texas Judiciary Key terms: partisan election nonpartisan election name familiarity straight ticket voting

Being Socially Responsible… CORE OBJECTIVE Being Socially Responsible… What impact, if any, do you think partisan election of judges has on judicial outcomes?

DISCUSSION As you learned from the discussion on minority representation in the Texas judicial system, African Americans represent about 12 percent of the population of Texas, but reflect only about 4 percent all judges in Texas are black. Do you think this could affect conviction /incarceration rates in Texas jails and prisons?

The “Appointive-Elective” System in Texas Governor can make some judicial appointments Many in Texas initially receive seats by appointment Key term: appointive-elective system

Judicial Selection: Is There a Best System? Citizens’ expectations of judges Competent Independent Responsive

Bill Day. Reprinted by permission of United Features Syndicate, Inc. Some methods of selecting judges do not always result in the selection of qualified individuals. Bill Day. Reprinted by permission of United Features Syndicate, Inc.

Removing and Disciplining Judges Impeachment Rarely used and VERY political Recall by voters Not allowed in Texas Removal by governor, legislature, or state supreme court Judicial conduct commissions

The Legal System--Actors Prosecuting Attorneys and Clerks County and District Attorneys County and District Clerks Baliffs Juries Grand Jury- 12 members where at least 9 must agree to indict (true bill) Petit Jury- 12 members in District courts and 6 in County Courts (with alternates) who will hear a trial and determine guilt. Selected from voter registration/driver’s licenses and screened by attorneys (challenges for cause [not limited] or preemptory challenges are allowed [limited]) Key terms: grand juries information or administrative hearing petit juries

Court Rulings Rulings are the decisions made by the court Majority opinion Minority (dissenting) opinion Concurring opinion Rulings are the result of the bench considering oral arguments and any amicus briefs filed

Crime and Punishment in Texas Factors that contribute to crime rate Juvenile Justice---Family Code Three general legal duties State operates in loco parentis Parens patriae Doctrine of police powers Juvenile district courts Texas Youth Commission and Texas Juvenile Probation Commission

Under certain circumstances, juveniles may be tried as adults.

Taking Personal Responsibility… CORE OBJECTIVE Taking Personal Responsibility… Currently, at what age does the State of Texas consider a person an adult in criminal and civil proceedings? At what age do you think the state should require individuals to take personal responsibility?

Punishment of Crime Crime is classified in the criminal code depending upon the degree of seriousness Felonies Capital (Death penalty, life in prison without benefit of parole) First degree (5 years – life in prison) Second, (2- 20 years) Third degree (2- 10 years) State jail (180 days – 2 years) Misdemeanors Class A, B, C Key term: recidivism

The Case of Cameron Todd Willingham