1. Understanding the Policy-Making Bodies of the Texas Judicial Branch
David Slayton, Administrative Director
County and District Clerks’ Winter Conference
February 10, 2017

2. Texas Civics 101 Executive Legislative Judicial
The powers of the Government of the State of Texas shall be divided into three distinct departments…and no person, or collection of persons, being of one of these departments, shall exercise any power properly attached to either of the others.
- Art. 2, Sec. 1, Texas Constitution

3. Court of Criminal Appeals
The Judicial Branch
Court of Criminal Appeals
Responsible for efficient administration of branch & uniform administration of justice
Supreme Court
Courts of Appeals
County Courts
Statutory and Constitutional
District Courts
Justices of the Peace
Commissioners Courts
Municipal Courts

4. Other Judicial Branch Constitutional Actors (Article V)
State Commission on Judicial Conduct (Sec. 1-a)
Clerk of the Supreme Court, Court of Criminal Appeals, and Courts of Appeals (Sec. 5a)
Judicial Districts Board (Sec. 7a)
District Clerk (Sec. 9)
County Clerk (Sec. 20)
County Attorney, District Attorney (Sec. 21)
Criminal District Attorney (Sec. 30)
Sheriff (Sec. 23)

5. Texas Judicial Council – Govt Code Ch. 71
Agency of the state created in 1929 by legislature
Chair - Chief Justice, SCOTX; Vice Chair – Presiding Judge, CCA
2 judges from every level of court appointed by Chief Justice
2 senators appointed by Lt. Governor
2 representatives appointed by the Speaker of the House
6 citizen members appointed by the Governor (3 must be attorneys, 2 must be non-lawyers)
Administrative Director of OCA is the Executive Director
Policy-making body for the branch
“Study organization, rules, procedures and practice, work accomplished, results, and uniformity of discretionary powers of the state courts and methods for their improvement”
“Design methods for simplifying judicial procedure, expediting transaction of judicial business, and correcting faults in or improving administration of justice”
Monthly Activity Report - Statistics

6. Texas Indigent Defense Commission – Govt Code Ch. 79
Permanent Standing Committee of the Judicial Council
Separate Board – 8 ex-officio members and 5 appointed members
6 members of the Council (Chief Justice, Presiding Judge, Senator, Representative, Court of Appeals Justice, County Court Judge)
Chair of House Criminal Jurisprudence Committee and Senator designated by Lt. Gov
5 members appointed by Governor (regional presiding judge, county judge/commissioner, criminal defense attorney, public defender, judge/commissioner of large county)
Executive Director appointed by the Board
Administratively attached to OCA; OCA provides staff support
Responsible for providing grant funding and policies/standards for indigent defense

7. Administrative Judicial Regions – Ch. 74
9 judges appointed by the Governor
Promulgate and implement rules of regional administration
Advise local judges on judicial management
Recommend changes to SCOTX for improvement of judicial administration
Act for LAJs in their absence
Assign visiting judges
Approve death penalty attorney lists
Oversee Children’s Courts
Appellate panel for Rule 12 (Judicial Open Records) decisions

8. Judicial Branch Certification Commission – Ch. 151-157
Nine members appointed by the SCOTX – 5 judges, 4 public members
Advisory Committees for each regulated profession
Administrative Director of OCA is Director of JBCC
Administratively attached to OCA; OCA provides staff support
Responsible for licensing and disciplining:
Court Reporters
Licensed Court Interpreters
Private Process Servers
Private Professional Guardians

9. Judicial Compensation Commission – Ch. 35
Nine members appointed by the Governor
No more than 3 can be attorneys
OCA provides administrative support and resources
Recommends the proper salaries to be paid by the state for all justices and judges of the supreme court, the court of criminal appeals, the courts of appeals, and the district courts
Salaries of district judges linked to:
District attorneys
County attorney supplements
Statutory County Court Judges
Constitutional County Court Judge supplements
State prosecuting attorney
Legislative retirement

10. Judicial Committee on Information Technology – Ch. 77
15 voting members appointed by Chief Justice of SCOTX
Additional nonvoting members appointed by CJ
Under the direction and supervision of the CJ
Exercises power of statute or duties/functions imposed by legislature or SCOTX
OCA provides staff and resource support
Duties:
Develop technology standards;
Develop coordinated statewide computer network linking all courts in this state;
Develop minimum standards for an electronically based document system to provide for the flow of information within the judicial system in electronic form and recommend rules relating to the electronic filing of documents with courts;
Develop security guidelines for controlling access to and protecting the integrity and confidentiality of information available in electronic form;
Develop a state judicial system web page for use on the Internet accessible to the public for a reasonable access fee set by the supreme court after consultation with the committee.

11. Supreme Court Advisory Committee
Created by the SCOTX in 1940
46 members appointed by SCOTX
5 additional members appointed by CCA, Lt. Gov, Speaker, AG, Chair of SBOT Court Rules Committee
Assists SCOTX in the continuing study, review, and development of rules of administration and procedure
Drafts rules as directed by the Court; solicits, summarizes, and reports to the Court the views of the bar and the public on court rules and procedures; and makes recommendations for change
Recommendations are advisory only

12. Other Task Forces/Commissions
Children’s Commission
Criminal Justice Integrity Unit
Task Force on Judicial Emergency Preparedness
Texas Commission to Expand Civil Legal Services
Timothy Cole Exoneration Review Commission

13. All of these are open meetings
Many offer webcast or teleconference services
All have websites with information
Annual Report of Judicial Support Agencies, Boards and Commissions released in December every year - a/ /2016-ar-of- the-judicial-support- agencies-boards-and- commissions.pdf

14. Questions?