1. The Texas Judiciary Chapter 25 American Government O’Connor and Sabato
9th Edition
to accompany Comprehensive, Alternate, Texas, and Essentials Editions
O’Connor and Sabato
Pearson Education, Inc. © 2008

2. The Development of the Texas Judiciary
The first courts in Texas were established in the Austin colony.
Stephen F. Austin was appointed a provisional justice of the peace for the province of Texas in 1822.
As an independent republic, Texas created a judiciary that reflected English tradition primarily.
The basic judicial structure came from the 1836 constitution.
Every constitution retained popular election of judges.
Over time, constitutional amendments and legislative acts have made the system one of the most complicated and confusing in the country.

3. The Structure of the Texas Judiciary
Local Trial Courts
Have limited jurisdiction
Municipal courts
Exercise original jurisdiction over traffic misdemeanors
Maximum penalty in these cases—a fine or sanction that does not include confinement to jail or imprisonment
Class C misdemeanors such as public intoxication and simple assault
2005: over 8 million new cases filed in Texas municipal courts
83 percent involved traffic violations

4. The Structure of the Texas Judiciary
Justice of the peace courts
Local county court for minor crimes and civil suits
Exercise exclusive original jurisdiction in civil cases involving less than $200
Concurrent original jurisdiction with district and county courts in civil cases involving less than $5,000
Function as small claims courts
The people’s courts

6. The Structure of the Texas Judiciary
County Courts
Constitutional county courts
Constitutionally mandated court for criminal and civil matters
Have concurrent original jurisdiction with civil matters, justice of the peace courts and with district courts
Have jurisdiction over probate cases (wills and estates) unless they are contested
Also exercise appellate jurisdiction

7. The Structure of the Texas Judiciary
Trial de novo
New trial, necessary for an appeal from a court that is not a court of record
County court at law
Statutory county court to relieve county judge of judicial duties
County courts handle many cases
904,000 in 2007
70 percent were criminal cases

8. The Structure of the Texas Judiciary
District Courts
Court of general jurisdiction for serious crimes and high-dollar civil cases
Intermediate Courts of Appeal
Intermediate appellate court for criminal and civil appeals
14 courts of appeal with nearly 80 judges

9. The Structure of the Texas Judiciary
The Supreme Courts
Texas Supreme Court
Court of last resort in civil and juvenile cases
Texas Court of Criminal Appeals
Court of last resort in criminal cases
Petition for review
Request for Texas Supreme Court review, which is granted if four justices agree
Applications for discretionary review
Request for Texas Court of Criminal Appeals review, which is granted if four judges agree

10. Judicial Qualifications and Personal Characteristics
More than 3,200 judges in Texas
Except for municipal judges all are selected in partisan elections
Texas Constitution establishes the qualifications for most judges.
These vary by judicial office.
Variation in terms of education and training
Personal characteristics are similar.

12. Judicial Selection Partisan elections
One of only 8 states that elect all or most of their judges this way
Two exceptions
Municipal judges
Filling vacancies in other judicial offices
Questions of accountability and the ability to remain fair and impartial when campaign contributions are at stake

13. Criticisms of the Texas Judicial Branch
Reforming the Court Structure
Overlapping jurisdiction
Allows an attorney to “shop” for justice
Various suggestions for reform including merger of the two supreme courts
Reforming Judicial Selection
Recommendations have been made that Texas adopt a merit system for selecting judges
Other reforms suggested but no movement on compromise given the varied interests in judicial selection

15. Criticisms of the Texas Judicial Branch
Reforming Campaign Finance
High cost of judicial campaigns
Judicial Campaign Fairness Act in 1995
Act limits contributions to judicial candidates, depending on the office
Several loopholes in the act
Amassing large war chests
Conflict of interest (case involves contributor – no requirement to recuse)

16. Criticisms of the Texas Judicial Branch
Increasing Minority Representation on the Bench
Why so few minorities on the bench in Texas?
High cost of judicial campaigns
Racially polarized voting in statewide and countywide elections
Small numbers of Hispanics and African Americans who are licensed attorneys

17. The Judicial Process in Texas
The Criminal Justice Process
Arrest and Searches
Booking
Magistrate Appearance
Grand Jury Indictment
Arraignment
Pretrial Motions
Jury Selection
Voir dire
Trial
Appeals

20. The Civil Justice Process
Pretrial Procedures
Injured party (plaintiff) files petition with the clerk of the court that will hear the case
Complaints and indicates remedy sought
Written reply by defendant
May settle out of court
Either party may request a jury trial.
Otherwise the judge conducts a bench trial, determining the facts and applying the applicable law.

21. The Civil Justice Process
Trial
Presentation of evidence and witnesses to prove the bases of complaint
Challenge of defendant’s attorney of the evidence—cross-examination of witnesses
Presentation of defendant’s evidence, which may be challenged
Appeals