1. Chapter 10 – The Texas Judiciary

2. Learning Objectives
10.1 Outline the structure and functions of the Texas courts
10.2 Describe the function of each of the trial courts in Texas
10.3 Describe the function of the appellate courts in Texas
10.4 Evaluate the quality of justice in Texas
10.5 Identify problems associated with different methods of judicial selection
10.6 Analyze the changes in the court’s demographics
10.7 Evaluate proposals for reforming the selection of the judiciary

3. The Role of the Court Dispensing Justice Judicial Hierarchy
Legal Jurisdiction
Original jurisdiction
Appellate jurisdiction
Criminal cases
Civil Cases
Felony
Misdemeanors

4. The Role of the Court Interpreting the Law Common Law Felony
Misdemeanor
Clarifying Laws
Checking the Legislature
Defining State Interests
Advancing Rule of the People

5. Trial Courts Local Courts County Trial Courts State District Courts
Municipal Courts
Justice Courts
County Trial Courts
Constitutional County Courts
County Courts at Law (Statutory)
Probate Courts
State District Courts
Bench trial
Jury trial

6. Appellate Courts Appellate Courts Intermediate Appellate Courts
Appellate Courts of Last Resort
Texas Court of Criminal Appeals
Texas Supreme Court

7. Quality of Justice in Texas
Caseload: Overworked Judges?
Length of Court Cases
Salary: Underpaid Judges?
Turnover of Judges
Access to Justice

8. Judicial Selection and Removal
Judicial Selection in Texas
Appointment
Partisan Election
Censure and Removal from Office
State Commission on Judicial Conduct
Recommendation of Removal by the Supreme Court
Legislative Impeachment
Judicial Qualifications

9. Judicial Selection and Removal
Problems with Partisan Elections
Low Turnout
Reliance on Name Recognition
Conflicts of Interest
Compromising Judicial Experience
The Influence of Money
Harsher Criminal Sentencing

10. Who Are the Justices Diversity Women African Americans Hispanics
Asians

11. Reforming the System Nonpartisan Elections
Public Financing of Elections
Limiting Fundraising Totals
Merit Selection

12. Texas Takeaways
The current Texas Constitution remedies the early frustrations with few outlets for the legal process by fragmenting the judiciary in Texas into many parts.
The court’s roles at the trial court level are to introduce facts and make rulings. The court’s roles at the appellate court level are to interpret legislative statute, sort out policy contradictions, and advance public opinion.
Texas courts clarify the laws, check the legislature’s power, check the executive’s power, and advance the rule of the people.

13. Texas Takeaways
In these lowest-level courts, witnesses are heard, evidence is presented in the form of exhibits, testimony is taken, and ultimately a verdict is passed down.
Municipal courts are the lowest trial courts. District courts are the highest.
Most cases in Texas are handled at local levels. Very few cases end up making it to the appellate courts.
Texas has two Supreme Courts: one for criminal and one for civil matters. The dual structure allows for judicial specialization and, in principle, quicker case resolution.

14. Texas Takeaways
Some of the problems that limit the quality of justice are overworked judges, delays in court cases, low judicial salaries, turnover of justices, and underfunded or nonaccessed legal aid.
Judges in Texas leave the bench to pursue more lucrative opportunities in private practice and to avoid having to run for reelection.
There are currently two ways to become a judge or justice in Texas: appointment or partisan election.
Judges and justices can be removed in three ways in Texas: by the State Commission on Judicial Conduct (by recommendation of removal), by the Texas Supreme Court (by removal), and by the legislature (by impeachment).

15. Texas Takeaways
Judicial bias, low voter turnout, overreliance on name recognition, and straight ticket voting without regard to judicial quality are some of the problems with partisan elections.
The judges and justices who sit on the state’s various courts are generally white males, but there are a growing number of females, African Americans, and Hispanics on the court.
White males are overrepresented. Asian Americans are the most underrepresented.
The rules allow a maximum of a $30,000 contribution for a firm’s associates for statewide, courts of appeals, and district courts candidates.
Some of the proposals have included creating nonpartisan elections, public financing of elections, limiting fundraising, and moving to a merit selection system.