T EXAS E XECUTIVE ( S ) Dr. Patrick Larue University of Texas at Dallas Fall 2018 Dr. Patrick Larue (University of Texas at Dallas) GOVT 2306 Fall 2018 1 / 19 T HE I NSTITUTION Established in Article V of the Constitution: The role of the judicial system is to interpret Texas laws - both criminal law and civil law Criminal law: Specific violation of behavior regulation, with specific punishments. Civil law: Other violations that are not criminal in nature Judges are supposed to apply the law fairly and objectively so that people’s interests are protected Whether or not that actually happens in a different question. The judicial system in Texas is hierarchical, with varying types of jurisdiction, and in some instances, has some overlap - making things quite complex. Dr. Patrick Larue (University of Texas at Dallas) GOVT 2306 Fall 2018 2 / 19 T HE I NSTITUTION Established in Article V of the Constitution: The role of the judicial system is to interpret Texas laws - both criminal law and civil law Criminal law: Specific violation of behavior regulation, with specific punishments. Civil law: Other violations that are not criminal in nature Judges are supposed to apply the law fairly and objectively so that people’s interests are protected Whether or not that actually happens in a different question. The judicial system in Texas is hierarchical, with varying types of jurisdiction, and in some instances, has some overlap - making things quite complex. Dr. Patrick Larue (University of Texas at Dallas) GOVT 2306 Fall 2018 2 / 19 T HE I NSTITUTION Established in Article V of the Constitution: The role of the judicial system is to interpret Texas laws - both criminal law and civil law Criminal law: Specific violation of behavior regulation, with specific punishments. Civil law: Other violations that are not criminal in nature Judges are supposed to apply the law fairly and objectively so that people’s interests are protected Whether or not that actually happens in a different question. The judicial system in Texas is hierarchical, with varying types of jurisdiction, and in some instances, has some overlap - making things quite complex. Dr. Patrick Larue (University of Texas at Dallas) GOVT 2306 Fall 2018 2 / 19 W HAT THE C OURTS DO The primary role of the courts in to interpret the law in the adjudication of legal disputes. Common law tradition Jurisdiction Original jurisdiction Appellate jurisdiction Legal disputes Criminal law: Specific violation of behavior regulation, with specific punishments. Guilt beyond a reasonable doubt Civil law: Other violations that are not criminal in nature A preponderance of evidence Dr. Patrick Larue (University of Texas at Dallas) GOVT 2306 Fall 2018 3 / 19 W HAT THE C OURTS DO The primary role of the courts in to interpret the law in the adjudication of legal disputes. Common law tradition Jurisdiction Original jurisdiction Appellate jurisdiction Legal disputes Criminal law: Specific violation of behavior regulation, with specific punishments. Guilt beyond a reasonable doubt Civil law: Other violations that are not criminal in nature A preponderance of evidence Dr. Patrick Larue (University of Texas at Dallas) GOVT 2306 Fall 2018 3 / 19 W HAT THE C OURTS DO The primary role of the courts in to interpret the law in the adjudication of legal disputes. Common law tradition Jurisdiction Original jurisdiction Appellate jurisdiction Legal disputes Criminal law: Specific violation of behavior regulation, with specific punishments. Guilt beyond a reasonable doubt Civil law: Other violations that are not criminal in nature A preponderance of evidence Dr. Patrick Larue (University of Texas at Dallas) GOVT 2306 Fall 2018 3 / 19 J UDICIAL S ELECTION Generally, there are four different selection strategies for judgeships: Appointment Missouri Plan Nonpartisan election Partisan election Dr. Patrick Larue (University of Texas at Dallas) GOVT 2306 Fall 2018 4 / 19 J UDICIAL S ELECTION Dr. Patrick Larue (University of Texas at Dallas) GOVT 2306 Fall 2018 5 / 19 C ENSURE AND R EMOVAL State Commission on Judicial Conduct 13-member commission of judges, attorneys, and citizens - appointed by the lawyer to investigate and prosecute allegations of misconduct Supreme Court recommendation Can remove/sanction District Court judges Impeachment “willful neglect of duty, incompetency, habitual drunk, oppression in office, or other reasonable causes” Dr. Patrick Larue (University of Texas at Dallas) GOVT 2306 Fall 2018 6 / 19 T EXAS PARTISAN E LECTIONS Partisan elections come with a set of issues: Low turnout Low interest Influence of money Harsher criminal sentencing Dr. Patrick Larue (University of Texas at Dallas) GOVT 2306 Fall 2018 7 / 19 J UDICIAL Q UALIFICATIONS Dependent upon the Court, but generally involves three qualifications: Age Residency Law experience Dr. Patrick Larue (University of Texas at Dallas) GOVT 2306 Fall 2018 8 / 19 F IVE TIER COURT SYSTEM Local trial courts - Justices of the Peace and Municipal Courts (limited jurisdiction) County trials courts - Constitutional courts and probate courts (limited jurisdiction) State trial courts - District courts (general jurisdiction) State intermediate courts - Court of Appeals (appellate jurisdiction) State high courts - Supreme Court and Court of Criminal Appeals (appellate jurisdiction) Dr. Patrick Larue (University of Texas at Dallas) GOVT 2306 Fall 2018 9 / 19 J UDICIAL Q UALIFICATIONS Dr. Patrick Larue (University of Texas at Dallas) GOVT 2306 Fall 2018 10 / 19 J UDICIAL Q UALIFICATIONS Dr. Patrick Larue (University of Texas at Dallas) GOVT 2306 Fall 2018 11 / 19 J UDICIAL Q UALIFICATIONS Dr. Patrick Larue (University of Texas at Dallas) GOVT 2306 Fall 2018 12 / 19 J UDICIAL Q UALIFICATIONS Dr. Patrick Larue (University of Texas at Dallas) GOVT 2306 Fall 2018 13 / 19 J UDICIAL Q UALIFICATIONS Dr. Patrick Larue (University of Texas at Dallas) GOVT 2306 Fall 2018 14 / 19 J UDICIAL S TRUCTURE Dr. Patrick Larue (University of Texas at Dallas) GOVT 2306 Fall 2018 15 / 19 J UDICIAL S TRUCTURE Dr. Patrick Larue (University of Texas at Dallas) GOVT 2306 Fall 2018 16 / 19 J UDICIAL S TRUCTURE Dr. Patrick Larue (University of Texas at Dallas) GOVT 2306 Fall 2018 17 / 19 J UDICIAL S TRUCTURE Dr. Patrick Larue (University of Texas at Dallas) GOVT 2306 Fall 2018 18 / 19 J UDICIAL S TRUCTURE Dr. Patrick Larue (University of Texas at Dallas) GOVT 2306 Fall 2018 19 / 19