The Texas Judiciary

Criminal Cases Burden of Proof: legal obligation of one party in a lawsuit to prove its position to a court ---- In a criminal case, the prosecutor has the burden of proof Parties in the lawsuit are the litigants Adversary Proceeding – sides argue

Classified according to severity Misdemeanor – minor criminal offense, traffic violation Class A misdemeanors are most serious, C are least Maximum punishment for C is $500 fine Max for A is $4000 and/or jail term of 1 year Criminal Cases

Criminal Cases Under the Texas Penal Code, misdemeanors range from breaking into a coin- operated machine, to criminal trespass, to calling 911 and remaining silent. Under the law, some crimes are misdemeanors the first time they are committed, but the person who commits the same crime a second time is charged with a felony offense.

Criminal Cases A property crime can be charged as a misdemeanor depending on the value of the property taken or damaged. Example: theft is a misdemeanor if the value of the property is under $ If over $1500 or more, the crime becomes a felony. This is true whether the theft involves tangible property or services. Other crimes involving property are misdemeanors without regard to the value of the property. Examples: Trespassing on another's land, destroying a flag, obstructing a highway, disrupting a meeting or a procession, causing a riot, and many forms of gambling

Criminal Cases FELONY - more serious crime, like murder, sexual assault, or burglary Felonies are divided into 5 categories – capital, first, second, third, and fourth- degree Fourth degree is least serious Convicted felons may receive 90 years in prison or capital punishment for capital murderers

Civil Cases Plaintiff & Defendant Plaintiff initiates the suit Defendant responds Burden of proof is on the plaintiff, but is not as heavy as in criminal case Weight of evidence is only slightly in plaintiff’s favor Property Case -

Civil Cases Property Case – civil suit of ownership of real estate or personal possession Probate Case – civil suit dealing with disposition of property of deceased individual Domestic Relations case – involves husband & wife, parents & kids, divorce, or custody Contract Case – ex: faulty roof repair job Tort Case – involves personal injury, damage to property

Texas Courts Municipal Courts – operate in 848 cities, cases involve minor criminal matters – violation of city ordinances, max. fine of $2000, most are traffic cases Justice of Peace Courts – TX law requires each county to have at least JP court, up to 16 JP courts; have criminal & civil jurisdiction, hear criminal cases with Class C misdemeanor, most are traffic, some game law, also public intoxication, disorderly conduct

Texas Courts County Courts – required by TX Constitution, have criminal & civil jurisdiction, can hear Class A & Class B misdemeanors; criminal make up ¾, most common are theft, bad checks, DWI/DUID,; civil disputes between $200 and $5000; probate uncontested wills, appoint guardians, conduct mental health competency County Courts of Law supplement Constitutional County Courts in urban areas

Texas Courts District Courts – 396 in Texas, 60 in Harris County alone, basic trial court of state, hear all felony cases and civil jurisdiction of $200 or more Civil Cases make around 60% of District Court Cases Appeals from district court decisions are taken to the courts of appeal, except capital murder cases w/ death penalty Those cases go directly to the Texas Court of Criminal Appeals

Texas Courts Appellate Courts – Texas Court of Criminal Appeals and Texas Supreme Court Appellate Courts in TX need not hold hearings in every case, often decide after reading legal briefs and reviewing trial court record Appeals court justices may simply affirm lower court by rejecting the appeal May affirm, reverse, modify, affirm party, or remand a case to the trial court

Appellate Courts – TX has 14 courts of appeals, each serves a court of appeals district Number of justices in each varies from 3 – 13, depending on workload 80 justices work in the 14 Appellate Courts Hear both Civil & Criminal Majority are criminal cases Texas Courts

Texas Court of Criminal Appeals – TX and OK are only 2 states with 2 supreme courts TX Court of Criminal Appeals is last resort for all criminal cases Has 9 judges, one presiding and 8 others All 9 hear a case, decide by majority vote Usually hear more than 2,000 cases a year, around 40 – 50 death penalty cases Hears about 7% of cases Empowered to issue Writ of Habeas Corpus – order requiring officials to show cause why a person is being held in custody Texas Courts

Texas Courts Texas Supreme Court – 9 members, one chief justice & 8 associate justices Civil Court with highest authority Jurisdiction limited to civil matters Most cases come from courts of appeal, but can be directly appealed Empowered to issue writs of mandamus to public officials to fulfill duties Sets the rules of administration and civil procedure for the state court system Can approve law schools in the state Appoints the Board of Law Examiners to administer the bar exam Has final authority over involuntary retirement or removal of all judges in TX