The Texas Judiciary
Chapter 25
O’Connor and Sabato
American Government: Continuity and Change
The Texas Judiciary
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In this chapter we will cover…
1. Roots of the Texas Judiciary
2. The Structure of the Texas Judiciary
3. Judges and Judicial Selection
4. Criticism of the Texas Judicial Branch
5. The Judicial Process in Texas
Roots of the Texas Judiciary
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First courts established in Austin in 1822, in the
province of Texas
Judiciary was a point of contention between
Anglo settlers and Mexican government
An independent Texas judiciary reflected English
tradition
1876 Constitution created Supreme Court and
Court of Appeals
Subsequent constitutional amendments have
created a judiciary in Texas among the most
complicated and confusing in the United States
Structure of the Texas Judiciary
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Texas judiciary has five levels of courts
1. Local trial courts
2. County Courts
3. District Courts
4. Intermediate Courts of Appeal
5 Texas Supreme Courts
Structure of the Texas Judiciary
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The Texas Supreme Courts
State’s highest appellate court and both are courts of last
resort
Texas Supreme Court – one chief justice and eight
associate justices
Texas Court of Criminal Appeals – one presiding judge
and eight judges
Each court exercises discretion in review cases
The Texas Supreme Court also performs administrative
duties. For example it is responsible for rules
governing trials.
Judges & Judicial Selection
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Partisan elections
Considerable variety in terms of
education and training (e.g., county
judges only have to be “well informed
in the law of the state”)
Most judges are male, average age
just under fifty, overwhelmingly Anglo
Judges & Judicial Selection
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Judicial Selection
-partisan elections
-gubernatorial appointment for vacancies for
several of the higher courts
Issues: who are judges accountable to and the role
of campaign finances
In polls most Texans (83%) believe campaign
finances play a part in judges’ decisions
Criticism of the Texas Judicial Branch
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Court structure
Reform efforts include simplification of levels
and mixed and confusing jurisdictional
problems and merger of the two supreme
courts
Selection process:
Reforms include merit system adoption or
system of appointment and retention election
Criticism of the Texas Judicial Branch
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Reforming campaign financing
Reforming Minority Representation on the
Bench
Hispanics and African Americans have never
been represented on the bench in proportion
to their population numbers
Issues include: at-large electoral base and
minority voter strength dilution
The Judicial Process in Texas
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Criminal Justice Process
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Arrest and searches
Booking
Magistrates appearance
Grand Jury Indictment
Arraignment
Pretrial Motions
Jury Selection
Trial
Appeals
Criticism of the Texas Judicial Branch
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Civil Justice Process
1. Pretrial procedures
2. Trial
3. Appeals
Issues and items: Ruiz v. Estelle, jury
selection, representation
United States and Texas Executions