Chapter 25
The Texas Judiciary
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American Government2006 Edition(to accompany Comprehensive, Alternate, Texas, and Essentials Editions)
O’Connor and Sabato
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The Roots 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.
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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
2003: over 8 million new cases filed in Texas municipal courts 82 percent involved traffic violations
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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
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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
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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 800,000 in 2003 69 percent were criminal cases
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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
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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
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Judicial Qualifications and Personal Characteristics
More than 3,100 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
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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
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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
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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 No requirement that a judge who has
received a large contribution from a lawyer or party to a suit before the court recuse him/herself from the case
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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
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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
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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