The Texas Judiciary

Chapter 25

O’Connor and Sabato

American Government: Continuity and Change

The Texas Judiciary

In this chapter we will cover…

1. Roots of the Texas Judiciary

2. The Structure of the Texas Judiciary

3. Judges and Judicial Selection

4. Criticism of the Texas Judicial Branch

5. The Judicial Process in Texas

Roots of the Texas Judiciary First courts established in Austin in 1822, in the

province of Texas Judiciary was a point of contention between

Anglo settlers and Mexican government An independent Texas judiciary reflected English

tradition 1876 Constitution created Supreme Court and

Court of Appeals Subsequent constitutional amendments have

created a judiciary in Texas among the most complicated and confusing in the United States

Structure of the Texas Judiciary Texas judiciary has five levels of courts

1. Local trial courts

2. County Courts

3. District Courts

4. Intermediate Courts of Appeal

5 Texas Supreme Courts

Structure of the Texas Judiciary

The Texas Supreme CourtsState’s highest appellate court and both are courts of last

resortTexas Supreme Court – one chief justice and eight

associate justicesTexas Court of Criminal Appeals – one presiding judge

and eight judgesEach court exercises discretion in review casesThe Texas Supreme Court also performs administrative

duties. For example it is responsible for rules governing trials.

Judges & Judicial Selection

Partisan elections Considerable variety in terms of education

and training (e.g., county judges only have to be “well informed in the law of the state”)

Most judges are male, average age just under fifty, overwhelmingly Anglo

Judges & Judicial Selection

Judicial Selection

-partisan elections

-gubernatorial appointment for vacancies for several of the higher courts

Issues: who are judges accountable to and the role of campaign finances

In polls most Texans (83%) believe campaign finances play a part in judges’ decisions

Criticism of the Texas Judicial Branch Court structure

Reform efforts include simplification of levels and mixed and confusing jurisdictional problems and merger of the two supreme courts

Selection process:Reforms include merit system adoption or system of appointment and retention election

Criticism of the Texas Judicial Branch Reforming campaign financing Reforming Minority Representation on the

BenchHispanics and African Americans have never been represented on the bench in proportion to their population numbersIssues include: at-large electoral base and minority voter strength dilution

The Judicial Process in Texas

Criminal Justice Process1. Arrest and searches2. Booking3. Magistrates appearance4. Grand Jury Indictment5. Arraignment 6. Pretrial Motions7. Jury Selection8. Trial9. Appeals

Criticism of the Texas Judicial Branch Civil Justice Process

1. Pretrial procedures2. Trial3. Appeals

Issues and items: Ruiz v. Estelle, jury selection, representation

United States and Texas Executions