1. The judiciary
Chapter 9

2. Learning Objectives
After reading this chapter, students should be able to
Discuss the judiciary as a political branch of government.
Describe the major players in the judicial system, including the central roles of the attorney general, the bar, and lawyers in the process.
Understand the structure of the Texas Court system from the lowest courts to the two “supreme” courts.
Compare the roles of grand juries and trial juries.
Evaluate major issues in the Texas judiciary, including problems with crime, problems with judicial selection, and issues of equality in the administration of justice.

4. The Myth of the Nonpolitical Judiciary
American ideal is that of nonpolitical judge, impartial and incorruptible
Judicial decisions are interpretations, choices among competing interests
Judges make laws / constitution in the process of interpretation
Discussion: Are judges a component of the political process?

5. The Myth of the Nonpolitical Judiciary
Judicial election makes the political nature of the job even more obvious
Not all partisan judges agree with others in their party
Ex.: Abortion case

6. The Players in the System of Justice
Attorney General—represents the state / agencies in court
Gives advisory opinions on constitutional / statutory issues
Lawyers—must be trained and pass state bar exam
Practicing lawyers—must be members of State Bar of Texas

7. The Court System
Discussion: Is the court system in Texas inefficient and disorganized?
Some courts have duplicate jurisdiction
One court may try cases and hear appeals
Not all courts keep official records
System not standardized

8. Terminology Original jurisdiction / original trial court
Concurrent jurisdiction
Appellate jurisdiction
Exclusive jurisdiction
Civil jurisdiction
Criminal jurisdiction

10. Municipal Courts Established by city charter, ordinance
Judges usually appointed
Exclusive jurisdiction over violations of city ordinances
Minor criminal cases
Concurrent jurisdiction with justice courts
No civil cases; majority of cases traffic

11. Justice Courts Judges elected, not required to be lawyers
duties are broad, from conducting preliminary hearings to serving as the county’s coroner
Original trial jurisdiction in minor criminal cases, minor civil matters

12. County Courts Established by Texas Constitution
Judges elected, not required to be lawyers
judicial responsibilities and oversees commissioner's court
Original, appellate jurisdiction in criminal and civil cases

13. County Courts Specialized county courts—established by the Legislature
May hear only civil, criminal, probate, or appellate cases—or a combination
Judges must be attorneys

14. District Courts Principal trial courts for the state
Judges elected; attorneys w/ 4 years experience
Varied caseload - felony criminal trials, divorces, civil suits
Some concurrent jurisdiction with county courts on civil issues
Each county must have juvenile court

15. Courts of Appeal
Intermediate appellate jurisdiction, civil and criminal cases
Consider only written records from trial and oral arguments of counsel
Do not hear death penalty appeals

16. Courts of Appeal 14 Courts of Appeal Justices elected, 6 year term
Each with a specific geographical region
Justices elected, 6 year term
Must have 10 years experience
Multi-judge panel, no jury
En banc, panel of 3

17. Court of Criminal Appeals
One of two high appellate courts
Only criminal matters
Writs of error, writs of habeas corpus
9 elected judges, 6 year term
Normally 3-judge panels
In rare cases, rulings can be appealed to U.S. Supreme Court

18. Supreme Court One of two high appellate courts Other duties
Civil, juvenile appeals
Original jurisdiction limited
Writs of error, writs of mandamus
Other duties
Ex.: judicial removals
Ex.: Law schools, bar exam

19. Juries Grand juries – determine indictment
Selected by jury commissioners
12 people, set term
Trial juries – determine guilt, innocence
Lower courts – juries of 6
District court – juries of 12

20. Police Texas Department of Public Safety County sheriff’s offices
Local police departments
Coordination / cooperation - sometimes haphazard, sometimes effective

21. Removal and Reprimand of Lawyers and Judges
State Bar of Texas grievance committees
Impeachment by legislature
Supreme Court—remove district judges
District court—remove lower court judges

22. Removal and Reprimand of Lawyers and Judges
State Commission on Judicial Conduct
Censure, reprimand, removal
Punishment rare

23. Issues Facing the Texas Judiciary
Too much crime, too many criminals
Crime rate moderating
Juvenile offenses high
Courts, prisons overloaded
Community-based treatment programs
Plea bargains
Discussion: what should Texas do about its criminal justice issues?

24. Judicial Selection Balancing independence, accountability 6 Methods
Partisan elections (Texas)
Nonpartisan elections
Legislative appointment
Gubernatorial appointment
Merit plan
Combination

25. Judicial Selection Ideal of impartiality vs. reality
Partisanship may influence rulings
Campaigns privately funded
Appearance of justice “for sale”
Ohio study
JCFA ineffective
Discussion: Should we reform judicial selection in Texas?

26. Equal Justice? Legal representation to indigents unfair?
Texas Bar Foundation study
Reliance on private attorneys—inexperienced, distracted
Discussion: Should Texas move to a system of public defenders?

28. Equal Justice?
Inadequate representation especially problematic in death penalty cases
Analysis by Chuck Lindell found bungled death penalty appeals
“worst lawyers,” “sham review”
DNA analysis has resulted in some releases of those wrongfully convicted

30. Cameron Todd Willingham
Convicted of capital murder, sentenced to death
Arson discredited, witness recanted
Stay of execution denied
Executed in 2004