1. Pearson Longman PoliticalScienceInteractive Shea, Green, and Smith Living Democracy, Second Texas Edition Chapter 24: The Texas Judiciary

2. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary The Texas Court System The Texas Judiciary 1876: Establishment of the current court structure. 1891: Establishment of the court of criminal appeals to hear appeals of criminal cases. 1935: Sarah T. Hughes is the first woman to serve as a state district judge. 1977: Legislature enacts law providing for execution by lethal injection. 1982: First execution under new law. 1989: Lawsuit to federal court regarding minority underrepresentation on state courts. 1993: Fifth Court of Appeals ruled present system of judicial selection constitutional. 1995: Modest limits imposed on campaign contributions to judges and judicial candidates. 1995: Changes in state’s tort laws. 1999: Nine justices of the supreme court and nine judges of the court of criminal appeals are Republicans. 2003: Renewed legal attacks on school finance. 2003: Tort reforms.

3. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary The Texas Court System Mixture of state and federal courts –97% of cases are under state law Texas and U.S. Constitutions –Additionally, criminal and civil codes Legal Framework

4. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary The Texas Court System Up to Courts of Appeals (next)

5. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary The Texas Court System Structure From County Level Courts

6. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary Courts of limited jurisdiction –Municipal courts –County justice of the peace courts County courts Courts of general jurisdiction Intermediate courts of appeal The highest appellate courts –Supreme court Types of Courts The Texas Court System

7. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary Created to serve rural areas Share original jurisdiction with justice of the peace courts and district court 240 statutory county courts County Courts The Texas Court System

8. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary District court –Some with special jurisdiction Judicial Districts Board –Redrew judicial districts Courts of General Jurisdiction The Texas Court System

9. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary Texas Supreme Court –Coordination of state judicial system –Appoints Board of Law Examiners –Disciplinary Authority Texas court of criminal appeals The Highest Appellate Courts The Texas Court System

10. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary In 1994, ran for court of criminal appeals justice Reprimanded by state bar for campaign lies Served, but did not run for reelection Pathways Profile: Steve Mansfield

11. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary Higher positions elected, others appointed County and district clerks County attorneys and district attorneys Jury members Justices and other Court Personnel The Texas Court System

12. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary The Jury System Grand Jury Panel that reviews evidence submitted by prosecutors in order to determine whether to indict, or charge, an individual with a criminal offense Petit Jury The trial jury, on which citizens are most likely to serve

13. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary Pathways of Action: Is This Any Way to Round up a Jury? Justice of the Peace Mark Fury ordered constables to round up a jury after finding himself one juror short. The move was legal, though unusual

14. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary Judicial Decision Making and Controversies Cases to supreme court via petition for review –Also via writ of mandamus Most civil and criminal cases originate in intermediate courts of appeal Concerns over campaign contributions to judges and judicial candidates

15. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary Judicial Decision-Making and Controversies Early domination of Texas courts by establishment 1970s—Texas Trial Lawyers Association became more politically active Court sent down decisions, making it easier for consumers to win against businesses and insurers Judicial Activism

16. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary Judicial Decision-Making and Controversies Controversy come to a head in 1986 Sanctions against justices C.L. Ray and William Kilgarlin Another prominent case against Texaco It has been pointed out that Texas judges can legally take campaign contributions from the very attorneys that present cases before them Judicial Impropriety

17. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary Judicial Decision-Making and Controversies Chief Justice Hill called for a merit selection system – Resigned, returned to private practice, lobbied for reform Party realignment Six supreme court seats vacant in the 1980 election GOP wins majority in 1994 Campaign Contributions and Republican Gains

18. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary Judicial Decision-Making and Controversies Tort reform in the legislature – Texas Civil Justice League calls for change –Limits on lawsuits –Texans for Lawsuit Reform active, contributing to campaigns for state legislature Reaction to Activism

19. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary Judicial Decision-Making and Controversies Texas Watch—consumer watchdog group –86% of appeals won by physicians and hospitals (1995–1999) Continuing concern that campaign contributions amount to buying decisions Winners and Losers

20. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary Judicial Decision-Making and Controversies Barriers to minorities: –Cost of elections –Shortage of minority attorneys 1998: –8% of county court judges Latino –2.5% African American Minorities and the Judicial System

21. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary Judicial Decision-Making and Controversies Raul Gonzalez –First Latino appointed to supreme court –Conservative Alberto Gonzalez –Replaced Raul Gonzalez Wallace Jefferson –First African American on Supreme Court, and to serve as Chief Justice Minority Judicial Appointments

22. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary Judicial Decision-Making and Controversies Sarah T. Hughes –District judge, 1935–1961 Ruby Sondock –First woman to serve on Texas Supreme Court Rose Spector –First woman elected to the Texas Supreme Court Women in the Judiciary

23. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary Judicial Decision-Making and Controversies Campaign funds –Strict limitations? –District judge, 1935–1961 Merit selection –Appointments by governor –Retention elections The Search for Solutions

24. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary Crime and Punishment Application of due process and equal protection clauses of the Fourteenth Amendment to the U.S. Constitution Jury trials required in capital murder cases Sentences can include probation, fines, jail time The Criminal Justice System

25. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary Politics and the Courts Interest of trial judges, prosecutors, police and sheriffs versus defense attorneys –The former fight against reversals, the latter for them –Height of reversals in first decades of twentieth century Shift to right in 1994, complete by 1998 –Fall in number of reversals at state level –Criticism that the Texas court was “barely a court system” The Intersection between the Judiciary and Politics

26. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary Politics and the Courts Finance – Edgewood v. Kirby, supreme court ruled that education finance needed an overhaul –Court ordered finance reform 1993—School finance law passed Debate continues The Courts and Education

27. Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 24: The Texas Judiciary Politics and the Courts 1998: Supreme court fines antiabortion protestors $1.2 million for damages 2000: State law requiring parent notification for minors seeking abortions –“judicial bypass” possible The Courts and Abortion Rights