Overview of Texas Courts In the Texas court system, there are two basic types of courts, trial courts and appellate courts. Trial courts are courts in which witnesses are heard, exhibits are offered into evidence, and a verdict (in a jury trial) or a decision (in a case tried by a judge alone) is reached based on the facts of the case. A trial court has one judge. The trial courts in Texas are municipal courts, justice of the peace courts, constitutional county courts, statutory county courts, and district courts. Appellate courts hear appeals in cases which have been previously tried in the trial courts. No new evidence is presented and no witnesses are heard on the appeal of a case. An appellate court has more than one judge; cases are decided by a panel of judges. The appellate courts of Texas consist of fourteen courts of appeals, which have intermediate appellate jurisdiction in both civil and criminal cases; the Court of Criminal Appeals, which is the highest state appellate court for criminal matters; and the Supreme Court of Texas, which is the highest state appellate court for civil matters. In addition to its adjudicative functions, the Supreme Court of Texas has many administrative duties. It is responsible for the efficient operation of the Texas judicial system. The court makes the rules of practice and procedure governing trials and appeals in civil and juvenile cases in the State, the rules of administration for the Texas judicial system, and the rules for the operation of judicial agencies.i Structure of the Courts State Highest Appellate Courts State Intermediate Appellate Courts Supreme Court Civil Jurisdiction Court of Criminal Appeals Criminal Jurisdiction Court of Appeals Intermediate Appellate Jurisdiction State Trial Courts of General and Special Jurisdiction District Courts Trial Courts of General Civil and Criminal Jurisdiction (Some Courts Specialize by Subject Matter) County Trial Courts of Limited Jurisdiction County Level Courts Constitutional County County Courts at Courts Law Limited Civil and Criminal Limited Civil Jurisdiction and/or (1 in each County) Criminal Jurisdiction Local Trial Courts of Limited Jurisdiction Municipal Courts Limited Criminal Jurisdiction Statutory Probate Courts Limited to Probate Matters Justice of Peace Courts (Small Claims Courts) Limited Civil and Criminal Jurisdiction ii Municipal Courts Municipal judges are appointed to the bench. Municipal courts typically hear traffic cases, cases involving city ordinances, and a subset of class “C” misdemeanors. Justice of the Peace Courts The Texas Constitution requires that each county in the State establish between one and eight justice of the peace precincts, depending upon the population of the county. Also, depending on the population of the precinct, either one or two justice of the peace courts are to be established in each precinct. There are approximately 840 justice of the peace courts in Texas. Justice of the peace courts have original jurisdiction in Class C misdemeanor criminal cases, which are less serious minor offenses. These courts also have jurisdiction of minor civil matters. A justice of the peace may issue search or arrest warrants, and may serve as the coroner in counties where there is no provision for a medical examiner. These courts also function as small claims courts.iii County Courts at Law Because the Texas Constitution limits each county to a single county court, the Legislature has created statutory county courts at law in the larger counties to aid the single county court in its judicial functions. The legal jurisdiction of the special countylevel trial courts varies considerably and is established by the statute which creates the particular court. The jurisdiction of statutorily-created county courts at law is usually concurrent with the jurisdiction of the county and district courts in the county. The civil jurisdiction of most county courts at law varies, but is usually more than that of the justice of the peace courts and less than that of the district courts. County courts at law usually have appellate jurisdiction in cases appealed from justice of the peace and municipal courts.iv Texas District Courts The district courts are the trial courts of general jurisdiction of Texas. The geographical area served by each court is established by the Legislature, but each county must be served by at least one district court. In sparsely populated areas of the State, several counties may be served by a single district court, while an urban county may be served by many district courts. District courts have original jurisdiction in all felony criminal cases, divorce cases, cases involving title to land, election contest cases, civil matters in which the amount in controversy (the amount of money or damages involved) is $200 or more, and any matters in which jurisdiction is not placed in another trial court. While most district courts try both criminal and civil cases, in the more densely populated counties the courts may specialize in civil, criminal, juvenile, or family law matters.v Denton County 16th District Court 158th District Court 211th District Court 362nd District Court 367th District Court 393rd District Court Texas Courts of Appeals The fourteen Courts of Appeals have intermediate appellate jurisdiction in both civil and criminal cases appealed from district or county courts. Each Court of Appeals has jurisdiction in a specific geographical region of the State. Each Court is presided over by a chief justice and has at least two other justices. The specific number of justices on each Court is set by statute and ranges from three to thirteen. Appeals in the Courts of Appeals are usually heard by a panel of three justices, unless in a particular case an en banc hearing is ordered, in which instance all the justices of that Court hear and consider the case.vi First Court of Appeals, Houston Eighth Court of Appeals, El Paso Second Court of Appeals, Fort Worth Ninth Court of Appeals, Beaumont Third Court of Appeals, Austin Tenth Court of Appeals, Waco Fourth Court of Appeals, San Antonio Eleventh Court of Appeals, Eastland Fifth Court of Appeals, Dallas Twelfth Court of Appeals, Tyler Sixth Court of Appeals, Texarkana Thirteenth Court of Appeals, Corpus Christi Seventh Court of Appeals, Amarillo Fourteenth Court of Appeals, Houston Court of Criminal Appeals The Court of Criminal Appeals is the highest state court for appeals resulting from criminal cases. The Court holds sessions throughout the year in Austin, Texas. The Court is comprised of 9 members, a Presiding Judge and eight Judges. Decisions of the Courts of Appeals in criminal cases may be appealed to the Court of Criminal Appeals by petition for discretionary review, filed either by the state, or the defendant, or both. In addition, the Court may review a decision on its own motion. All cases which result in the Death Penalty are automatically directed to the Court of Criminal Appeals from the trial court level.vii The Supreme Court of Texas The Supreme Court of Texas is composed of nine justices, all elected to staggered six-year terms, the Texas Supreme Court has final authority in all civil and juvenile delinquency cases in the state. Most cases decided by the Supreme Court come as appeals from decisions by one of the 14 courts of appeals in Texas. Appeals from Central Texas cases generally come from the Austin-based Third District Court of Appeals, for example. Not all appeals from the state courts of appeals will be heard by the Supreme Court. It usually takes only cases presenting the most significant Texas legal issues in need of clarification. Each year the Court handles more than 3,000 appeals and other legal matters. The Supreme Court also supervises operations of courts throughout Texas, oversees conduct of Texas lawyers and writes rules and procedures for civil and juvenile cases.viii i http://www.courts.state.tx.us/txcrtoverview.asp http://www.courts.state.tx.us/publicinfo/crt_stru.htm iii http://www.courts.state.tx.us/trial/jpcourts.asp iv http://www.courts.state.tx.us/trial/catlaw.asp v http://www.courts.state.tx.us/trial/courtlin.asp vi http://www.courts.state.tx.us/appcourt.asp vii http://www.cca.courts.state.tx.us/ viii http://www.supreme.courts.state.tx.us/ ii