Chapter 10 – The Texas Judiciary

Learning Objectives 10.1 Outline the structure and functions of the Texas courts 10.2 Describe the function of each of the trial courts in Texas 10.3 Describe the function of the appellate courts in Texas 10.4 Evaluate the quality of justice in Texas 10.5 Identify problems associated with different methods of judicial selection 10.6 Analyze the changes in the court’s demographics 10.7 Evaluate proposals for reforming the selection of the judiciary

The Role of the Court Dispensing Justice Judicial Hierarchy Legal Jurisdiction Original jurisdiction Appellate jurisdiction Criminal cases Civil Cases Felony Misdemeanors

The Role of the Court Interpreting the Law Common Law Felony Misdemeanor Clarifying Laws Checking the Legislature Defining State Interests Advancing Rule of the People

Trial Courts Local Courts County Trial Courts State District Courts Municipal Courts Justice Courts County Trial Courts Constitutional County Courts County Courts at Law (Statutory) Probate Courts State District Courts Bench trial Jury trial

Appellate Courts Appellate Courts Intermediate Appellate Courts Appellate Courts of Last Resort Texas Court of Criminal Appeals Texas Supreme Court

Quality of Justice in Texas Caseload: Overworked Judges? Length of Court Cases Salary: Underpaid Judges? Turnover of Judges Access to Justice

Judicial Selection and Removal Judicial Selection in Texas Appointment Partisan Election Censure and Removal from Office State Commission on Judicial Conduct Recommendation of Removal by the Supreme Court Legislative Impeachment Judicial Qualifications

Judicial Selection and Removal Problems with Partisan Elections Low Turnout Reliance on Name Recognition Conflicts of Interest Compromising Judicial Experience The Influence of Money Harsher Criminal Sentencing

Who Are the Justices Diversity Women African Americans Hispanics Asians

Reforming the System Nonpartisan Elections Public Financing of Elections Limiting Fundraising Totals Merit Selection

Texas Takeaways The current Texas Constitution remedies the early frustrations with few outlets for the legal process by fragmenting the judiciary in Texas into many parts. The court’s roles at the trial court level are to introduce facts and make rulings. The court’s roles at the appellate court level are to interpret legislative statute, sort out policy contradictions, and advance public opinion. Texas courts clarify the laws, check the legislature’s power, check the executive’s power, and advance the rule of the people.

Texas Takeaways In these lowest-level courts, witnesses are heard, evidence is presented in the form of exhibits, testimony is taken, and ultimately a verdict is passed down. Municipal courts are the lowest trial courts. District courts are the highest. Most cases in Texas are handled at local levels. Very few cases end up making it to the appellate courts. Texas has two Supreme Courts: one for criminal and one for civil matters. The dual structure allows for judicial specialization and, in principle, quicker case resolution.

Texas Takeaways Some of the problems that limit the quality of justice are overworked judges, delays in court cases, low judicial salaries, turnover of justices, and underfunded or nonaccessed legal aid. Judges in Texas leave the bench to pursue more lucrative opportunities in private practice and to avoid having to run for reelection. There are currently two ways to become a judge or justice in Texas: appointment or partisan election. Judges and justices can be removed in three ways in Texas: by the State Commission on Judicial Conduct (by recommendation of removal), by the Texas Supreme Court (by removal), and by the legislature (by impeachment).

Texas Takeaways Judicial bias, low voter turnout, overreliance on name recognition, and straight ticket voting without regard to judicial quality are some of the problems with partisan elections. The judges and justices who sit on the state’s various courts are generally white males, but there are a growing number of females, African Americans, and Hispanics on the court. White males are overrepresented. Asian Americans are the most underrepresented. The rules allow a maximum of a $30,000 contribution for a firm’s associates for statewide, courts of appeals, and district courts candidates. Some of the proposals have included creating nonpartisan elections, public financing of elections, limiting fundraising, and moving to a merit selection system.