1. The Texas Judicial System

2. Texas is Special and Especially Confusing
Many types of courts
Special courts
Overlapping jurisdiction
Elected judges

3. The Most Jury-Happy State in the Nation
1876 Constitution
You get a jury for everything in Texas
6 or 12 members

4. The importance of being a juror
Direct participation in democratic government
Voting
Juror
$40 a day

5. Taking a Trip Through the Courts
Big flag decal
Rear window
Transportation Code

6. A Constitutional Question
1st Amendment right
Political speech
vs.
Police Power
Legislative acts
Public safety

7. Justice of the Peace Rural Areas
“The people’s court”
Judge--need not be a lawyer
You don’t need a lawyer
Fine only
Small claims
No court reporters

8. Municipal Court Urban Areas
Like J.P. Courts, but. . .
Judges are lawyers
Court reporters
Only criminal cases

9. Jury Verdict
Safety over Speech
Guilty

10. County Court Mid-level trial courts Class A & B misdemeanors
Appeal of J.P. & Muni guilty verdicts
Civil cases– $200-10,000

11. Original Trials County Court
DWI, assaults, shoplifting, possession of marijuana, etc.
6 person jury

12. Appeals to County Court
What do you get?
Retrial from J.P. because no record
Appellate review of record from Muni court

13. District Courts “Big” cases Felony crimes Complex civil cases
Juvenile court

14. These are really important
12 person juries
Capital murder trials
Election contests

15. Recap 3 levels of trial courts High: District courts
Mid: County courts
Low: JP & Muni

16. What trial courts have in common
Witnesses
Juries
Umpire judges
Court reporters (except JP)

17. What do sore losers do? Go to the court of appeals
14 intermediate courts of appeals
All across the state
Must have a good legal question
Costs $$ to file, so be certain you have a good argument.

18. Court of Appeals 3 judge panels Review record Read briefs- very long.
Hear oral arguments, but not often.
Write an opinion- all are online.

19. Opinion
“The First Amendment guarantees the right of a driver to express his political opinion about his patriotism with a decal on his rear window as long as it does not totally obstruct the driver’s view.”

20. Is there a higher authority?
Loser in court of appeals
Discretionary review- at
“discretion” of the S.C.
- Usually if lower courts split,
there was a dissent, or new law.
Texas Supreme Court--civil
Court of Criminal Appeals--criminal

21. Texas Supreme Court Civil cases only Includes juvenile cases 9 members
Statewide election & jurisdiction

22. Texas Court of Criminal Appeals
Criminal cases only
Death penalty—direct
9 members
Statewide election & jurisdiction

23. Common Features Choose what to hear Less than 10%
Briefs, oral arguments, written opinions
All 9 judges hear all cases

24. Decision
“We hold that the driving public’s safety in an unobstructed view out of the front and rear windows of a car is, in this case, more important that the unrestricted expression of political speech by a flag decal.”

25. Is It Over? Pay the fine? United States Supreme Court
1-2% probability of certiorari
Federal constitutional questions from state courts
“Bong Hits 4 Jesus” – Morse v. Frederick
2007; 551 U.S. 393

26. THE END