1. The Court System in Texas
Chapter 5
The Court System in Texas

2. 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.

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

10. 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.

12. 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

13. 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

15. 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

19. 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

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

21. 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?

22. 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

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

26. 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.

27. 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

28. 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

29. 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

30. 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

31. Under certain circumstances, juveniles may be tried as adults.

33. 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?

34. 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

37. The Case of Cameron Todd Willingham