Fourth Court Update
The State of the Judiciary in Texas
By Justice Catherine Stone
Chief Justice Wallace B. Jefferson presented his State of the Judiciary address to the 80th Legislature
on February 20, 2007. Although the
complete text of the address can be
found on the Texas Supreme Court’s
website, the following is a brief summary of some of the highlights.
Chief Justice Jefferson reports
that the state of the judiciary is
strong due to the devotion of the
judges holding office as public
servants and the leadership of the
Legislature and Governor. Notably,
in the last legislative session, a judicial pay increase was passed thereby extending the tenure of many
talented judges. To ensure that the
judiciary remains strong, Chief
Justice Jefferson urged that everyone take a hard look at changes
required to meet the state’s evolving needs in the areas of structure,
funding, and effectiveness.
One challenge facing the judiciary is the need to re-evaluate its
structure. The increase in arbitration has led to a decrease in jury
trials. Although Chief Justice Jefferson acknowledges the valuable role
of private dispute resolution, he
notes the system contains hidden
costs in the loss of the public component of justice, the possibility of
inconsistent decisions, and the absence of complete appellate review.
Accordingly, he recommends that
the Legislature consider whether
the structure of the judicial system
needs to be modified “to incorporate the benefits of private dispute
resolution while still maintaining
the advantages of our public judicial system.” Chief Justice Jefferson
suggests that one potential change
would be to update the “patchwork court system” that has developed in Texas over many decades
and consider a more streamlined,
simplified system. Chief Justice Jefferson further suggests the possible
need for more specialization in trial
courts to enable courts to have a more
exclusive focus on a particular area of
the law, such as family law or complex
commercial litigation.
A second challenge Chief Justice
Jefferson sees facing the judicial system is the need to ensure justice for
all. He notes the need to focus on the
plight of abused and neglected children and the need to develop an efficient method for handling cases
involving criminal defendants with
mental illness. Chief Justice Jefferson
also remarks on the “unfortunate reality that our criminal justice system,
on rare occasions, convicts the innocent.” He urges the Legislature to establish a commission to study how to
free the innocent.
A third challenge to the judiciary
is the need for sufficient funding “to
dispense justice fairly and efficiently.” “The state’s funding for the entire
judicial branch of government is less
than four-tenths of one percent of the
entire state budget.” Chief Justice Jefferson comments on Texas’s need for
a systematic process to review judicial compensation which more than
half of the states have in place.
San Antonio Lawyer
18
May-June 2007
Finally, Chief Justice Jefferson
comments on the importance of judicial independence. Chief Justice Jefferson notes that judges “have a responsibility to rule fairly, impartially, and
in accordance with the law – even if it
means calling a foul against the home
team.” Although constructive criticism
of the judiciary is to be encouraged,
“threats of violence and attempts to restructure our government to eliminate
or minimize the protections offered by
the courts threaten our democracy.”
In closing, Chief Justice Jefferson
asked all members of the armed forces,
past and present, to stand, stating, “I
have spoken a long time this morning,
but the reality is that, ultimately, the
rule of law, the strength of the judiciary
and of our democracy, are secured by
these men and women. Let us thank
them for their service.”
Justice Catherine Stone has
served on the Fourth Court
of Appeals since March of
1994 and is board certified
in civil appellate law.