Texas Judiciary
State Courts
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Approximately 85% of ALL criminal and civil cases filed in the United States are
handled by state courts
Federal courts are involved only if the case raises a “federal question”
– The interpretation of federal law or the U.S. Constitution
State Legal Environment
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State criminal laws are contained in the state’s PENAL CODE
Also defines crimes as either
– Misdemeanor
– Felony
Civil law is covered under various sections of other parts of the state code
– State code = all laws passed
Primary Characteristics of Texas Judiciary
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1. Multiple courts with complex and overlapping jurisdictions
2. Problematic selection method for judges
Courts of Limited Jurisdiction
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Broad original jurisdiction
– Federal District Courts have original jurisdiction over nearly all types of civil and
criminal cases
Limited Jurisdiction courts
– Can try only certain types of criminal and civil cases
– E.g., criminal cases punishable by a fine only
– Civil suits of $1,000 or less
Reconstruction Constitution AND Texas’ Rural / Agrarian Culture
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1876 Constitution wanted to spread power around, so
– Multiple courts
– Elected judges
Rural society meant citizens needed some courts close by
– Part-time judges and limited jurisdiction
The Structure of the Texas Judiciary
Outline in Article V of Texas Constitution
– Judicial power shall be vested in:
• One Supreme Court
• One Court of Criminal Appeals
• Courts of Appeals
• District Courts
• Commissioners Courts
• Courts of Justices of the Peace
• Any other courts provided by law
– One of the most complex systems in the United States
Municipal Courts
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Any incorporated city is allowed (but not required) to create a municipal court
May consist of multiple judges and courtrooms, but still called the municipal court
(singular)
Common in cities of 25,000 or above
City bears cost of court so small towns do not create them
Municipal Courts
Primary jurisdiction is over minor traffic offenses and violations of city ordinances
Also some Class C state misdemeanors such as public intoxication
Can impose a maximum fine of up to $2,000
May NOT impose any jail time
In 2005 over 8 million new cases filed in Texas municipal courts
– 83% of these were traffic violations
Justice of the Peace (JOP) Courts
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Elected by county and may be more than 1 per county
– 925 Texas JOP courts in 2006
Designed as very simple courts for rural counties when travel was difficult (horses)
– People could resolve small problems without traveling far away to a state court
Most states have eliminated their JOP courts
Justice of the Peace Courts
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Can handle civil suits and criminal fines up to $5,000
Can handle Class C misdemeanors
Currently serve primarily as small claims court
– Simple civil suits
– Attorneys not required
County Constitutional Courts
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So-called because the state constitution requires each county to have one
Again, so rural citizens would have to travel no further than the county courthouse for
most legal matters
Jurisdiction is over civil cases up to $5,000
And Class A and B Misdemeanors where penalty might be a jail sentence or a fine
over $500
County Constitutional Courts
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Also have appellate jurisdiction over cases from municipal and JOP courts
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To save money, many municipal and JOP courts are “courts of no record”
Appeals from these courts result in a trial de novo
County Courts at Law
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State constitution mandates only 1 court per county
Plus a County Judge who served both as a court judge and head of the county
government (the Commissioners Court)
As population grew, the Constitutional Court became overburdened
And the County Judge spent more time with county government and less time in court
County Courts at Law
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Legislature created additional courts whenever a county requested them
Since created by legislative statute, not the constitution, entitled County Courts at Law
Same jurisdiction as County Constitutional Courts, :
Except may also hear civil suits up to $100,000
Specialized Probate Courts
A specialized type of a County Court at Law
Probate:
– Settling a person’s estate after he or she dies
– Affirms an existing will, if legitimately drawn
Or decides distribution of estate if no legitimate will
County Constitutional and at Law courts also handle probate as long as the will or
estate is not contested
If contested, must go to a state district court
State District Court
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The primary general original jurisdiction courts in the state
Handle
– Civil suits over $500
– Divorces
– Election contests
– Contested probate
– All Felony criminal cases
Overlapping jurisdiction
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County Constitutional Courts, County Courts, and state district courts have
overlapping jurisdictions
Constitutional and at Law both handle Class A and B misdemeanors
All three handle various civil suits of $5,000 and under, though claims for higher
amounts go to at Law or District Courts
Courts of Appeals
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Hear civil and criminal appeals from District and county-level courts
14 Court of Appeal districts
Each appeals court has a chief justice and between 2-12 other justices
Cases usually heard by a panel of 3 judges
Texas Appellate Court Districts
Texas Supreme Courts
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Texas has two “supreme” courts
Only one has the name “The Supreme Court of the State of Texas”
The other is entitled the “Texas Court of Criminal Appeals”
Each is a court of last resort (unless a federal question is involved) one for civil cases
and the other for criminal cases
The Supreme Court of the State of Texas
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The Texas Supreme Court handles appeals of civil cases only
There is one Chief Justice and eight associate justices (9 total)
Always sit en banc – all 9 justices hear a case (not a panel of only 3)
The Supreme Court of the State of Texas
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Similarities to the U.S. Supreme Court:
– Are able to decide which cases they will hear
– Base their decisions on written briefs
– Render written opinions
• Majority opinions
• Concurrent opinions
• Dissenting opinions
Texas Court of Criminal Appeals
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Hears appeals of criminal cases only
One Presiding Judge and 8 associate judges
Base their decisions on written briefs
Hear cases en banc
Issue written opinions
– Majority opinion
– Concurrent opinion
– Dissenting opinion
Texas Court of Criminal Appeals
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Can decide which cases appealed from the lower courts to hear
EXCEPT
Is required to hear and review all capital cases from state district courts
– Capital case = death penalty case
Judicial Qualifications
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Municipal courts
– Set by the city creating the court
– In 2005 only slightly more than half of municipal court judges held a law degree
Justice of the Peace Courts
– Required only to be registered voters
• In 2005, only 7% held a law degree
County Constitutional Courts
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Texas Constitution requires judges to be “well informed in the law of the State”
In 2005 14% held a law degree
But all must 30 hours of instruction (about 1 3 hour college course
County Courts at Law
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At least 25 years old
Licensed attorney
Minimum of four years experience as a judge or practicing attorney
District Courts
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Must have resided in the district for at least two years
Been a licensed attorney or judge in Texas for four years
Appeals Courts, Supreme Court, Court of Criminal Appeals
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At least 35 years old
A practicing attorney or judge of a court of record for at least 10 years
Judicial Selection
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Partisan election
– All judges in Texas are elected in a partisan (Republican candidate versus
Democratic candidate) election
From Justices of the Peace to the Chief Justice of the Supreme Court
Only exceptions are some municipal judges
– Selection method decided when city creates its municipal court
– Most elected in a non-partisan election
– Some appointed by the City Council for “good behavior”
Judge’s Terms – Trial courts
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Municipal judge -- 2 or 4 years
– Set by the city
Justice of the Peace – 4 years
County Constitutional Court – 4 years
County Courts at Law – 4 years
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District Courts – 4 years
Judge’s terms, appellate courts
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Courts of Appeals -- 6 years
Texas Court of Criminal Appeals -- 6 years
Texas Supreme Court – 6 years
All courts of appeals judges are elected to staggered terms
– some judges come up for reelection every 2 years
Is Justice for Sale in Texas?
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Title of a 1987 60 Minutes segment
If you attain office via an election, you must campaign
Partisan elections mean campaigning in both a primary and a general election
Campaigns cost money
In 2000, supreme courts justices spent over $1,000,000 in their campaigns
Sources of Campaign Funds
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Justices of the Peace, County Judges, Court of Criminal Appeals judges
– Usually members of the local or state bar (attorneys)
Means judges will hear civil and criminal cases where one of the attorneys may have
been a major contributor to her or his reelection campaign
Sources of Campaign Funds:
Texas Supreme Court
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Handles civil matters only
Interested parties (contributors) are trial attorneys and business corporations
E.g., Texas’ Deceptive Trade Practices – Consumer Protection Act
– What is deceptive is an interpretation often made by a judge
• Fine print in a purchase contract?
OR Sexual Harassment of employees
– Is inviting a subordinate to dinner more than once harassment?
• What about out for a drink?
• What about a drink in the supervisor’s apartment?
Trial attorneys and Texas Trial Lawyers Association
– Handle mostly civil suits
– Income derived from contingency fees
– Largest awards come from suing wealthy corporations
Business corporations
– Interested in a judiciary that will interpret who can sue and for what very narrowly
– E.g., are class action or only individual suits allowed?
– Class action means low per person costs and high attorneys fees
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Historically, Texas Supreme Court very conservative and pro-business
In 1970s Texas Trial Lawyers Association started contributing millions to elect justices
more favorable to employees and consumers
Successful in electing justices
In 1980s and 1990s businesses fought back
Contributed their own millions to pro-business judges
Successful in the 1990s and since
How fair can a justice be if the case being decided involves a business that
contributed $10,000 + to your campaign?
Potential Changes / Reforms
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Some argue much can be solved by going to non-partisan elections
Your brilliant instructor strongly disagrees
Non-partisan does not mean non-political
– Will still have candidates with different values
Non-partisan only means a candidate’s party affiliation does not appear on the ballot
Non-Partisan Elections
• Candidates still have to campaign and raise campaign funds
• A party label is often the only information a voter has
– Can make some reasonable guesses about a candidates policy preferences by
knowing party
• In non-partisan elections name recognition is all-important
– Comes from incumbency, OR
– Being a community leader – usually business leader
– Produces a general bias in favor of Republicans
• Still issue of whether voting public can make a decision about an individual’s legal
qualifications
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Are Courts Another Majority Rule Instrument, or a Minority Protection Instrument?
Any election, partisan or non-partisan, makes the judiciary a vehicle for majority rule
Federal judges have life tenure so they can make unpopular decisions if justified by
the law
Sometimes means protection of an unpopular minority against the “tyranny of the
majority”
– Protecting free speech even when unpopular
– Protecting freedom of religion for different groups
– Perhaps voting pro-life even if majority is pro-choice
Alternatives
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Gubernatorial Nomination with Senate approval
– Usually means judges have life tenure
– Governor usually able to judge a candidate’s legal qualification (or have good
advice available from aides)
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OR
Some form of a merit plan
Most common is the Missouri Plan
Missouri Plan
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Panel of scholars or members of the state bar association identify 3-5 candidates for
any judicial opening
Governor selects judge form among that group
Judge / Justice serves a (usually) 4-year term
At end of term undergoes a retention election
Retention Election
Only question on the ballot is whether current judge should be retained or not
– No opposition candidate
– No major campaign expenses
If vote is yes, judge serves another term
If vote is no, judge removed and begin the process over again
Combines selection by experts who can judge legal qualifications
With public’s ability to remove problematic judges
State practices
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Partisan election of judges
– About 8 states
Non-partisan election of judges
– About 15 states
Gubernatorial or Legislative Appointment
– About 12 states
Some form of merit plan
– About 15 states