The Justice System
of Texas
Texas Justice System
• Topical Scenario
• Body of Laws
• Judicial Branch
• Criminal Justice System
• Judiciary and Political Change
• Judiciary and Democracy
Topical Scenario
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“Is justice for sale in Texas?”
1995 - Judicial Campaign Fairness Act
Texans for Public Justice
Campaign contributions for judicial elections
Plaintiff interests versus business interests
Republicans tend to favor business
Is system broken?
Chief Justice Tom Phillips thinks so!
– Resigned in 2004
Source of the Law
• Common law - tradition based on previous
judicial rulings (Law of Castile)
• Constitution - most fundamental source
• Statutory law - laws passed by congress
• Ordinances - statutes passed by city
councils
• Administrative law - rules and regulations
published by executive agencies to enforce
and administer congressional or executive
action.
Two Types of Law
• Criminal
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offenses against society
robbery, murder, embezzlement
misdemeanor or felonies
most are plea bargained
• Civil
– disputes between individuals
– law treat a corporation as an individual
– tort suits, claims of injury, receive greatest
attention
– most are settled out of court
Judicial Jurisdictions
• Original Jurisdiction
– First court where the trial is conducted
• local, county or state
• criminal or civil, state or municipal law, felony or
misdemeanor
– Local and county have limited jurisdiction
– District and state courts hear many type cases
• Appellate Jurisdiction
– Hearing to determine if proper procedures have been followed.
– Can return case or uphold decision
• Trial Phases – guilt determination and sentencing
Structure of Judicial Branch
• Decentralized with overlapping
responsibilities
• Local trial court
• County trial court
• District court
• State intermediate appellate court
• State highest appellate courts
Local Trial Courts
• Two types with limited jurisdiction
• Municipal courts (1122)
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ordinance violations
criminal misdemeanors with fines < $500
examining trials (county pretrial hearings)
issue warrants, inquests, statutory warnings
• Justice of the Peace courts (842)
– civil cases < $5000 (small claims court)
– criminal misdemeanors with fines < $500
– examining trials, issue warrants
County Trial Court
• Limited jurisdiction
• Three types of courts
– Constitutional court
– County court at law
– Probate court
Constitutional County Court
• One in every county
• Courts of record ( transcripts of
proceedings – de novo)
• Original jurisdiction in civil cases
between $250 and $5000
• Original jurisdiction in probate cases
• Exclusive jurisdiction in criminal
misdemeanors fine cases above $500
• Appellate jurisdiction over local courts
County Court at Law
• Assumes function of county judge who
oversee constitutional court
• Only 74 counties have such courts
• County judge servers on county
commissioners court (legislative)
• County judge servers as county CEO
• Hears any misdemeanors and civil cases
up to $100,000
• Appellate jurisdiction over local courts
Probate Court
• Only 16 in state
• Determines disposition of estate after
death of individual.
• 1999 Child protection cases
• Extra judges can be appointed to help
with backlogs.
District Court
• 420 state courts of general and special
jurisdiction
• Original jurisdiction for all felonies and
civil cases above $200
• Cases involving land titles, divorces,
contested elections, contested probate
• Drug-related cases, other family matters
• 64% criminal ( 1% murder), 31% civil,
and 5% juvenile
State Intermediate
Court of Appeals
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Created in 1891
13 Texas regions with 14 courts
Three judges on each court (no jury)
Appellate jurisdiction for all courts in
region except death penalty cases
• 55% Criminal Appeals and 45 % Civil
• Case duration criminal/civil - 1.8/8.5
months
Texas Supreme Courts
• Two separate courts of last resort
• Originally only appellate courts
established in constitution
• Nine justices on each court
– 35 years old, practicing attorney or judge for 10
years
• Texas Supreme Court
– civil case jurisdiction
• Texas Court of Criminal Appeals
– criminal case jurisdiction
Review Process
• Petition for review ( 8 - 10% granted)
• Writs of mandamus - court orders to
perform certain acts or tasks
• Writ of habeas corpus
• Majority rules
– majority opinion
– dissenting opinion
– concurrences
Other Responsibilities
• Establish lower court administrative
rules
• Conduct proceedings to remove judges
• Approval of law schools
• Appoints Board of Law Examiners
• Determines who passes and certifies those
who pass the bar examination.
Criticisms of Current System
• Too many overlapping jurisdictions
– lawyers can “judge shop”
• Too decentralized
• Courts can be simplified at local levels
• Retain intermediate and district levels
– design court of appeal regions
• Merge Supreme Courts
• Requires amending or rewriting
constitution
Judicial Selection Process
• Qualification
– “well informed in the law” voter
– no legal experience required in many cases
– Supreme Court
• 35 years old, practicing attorney or judge in court of record
for 10 years
• County Court at Law requires law degree
• Primary judicial attributes
– independence
– accountability
– knowledge of law with common sense
Independence versus
Accountability
• Tend to be contradictory
• Reforms needed to balance them
– nonpartisan elections
– eliminate judges on party-tickets
– campaign contributions issues
• Appointments allow independence
• Elections force accountability and voter
participation
The Missouri Plan
• Judicial Selection Commission
– introduces ideal of quality
– who selects commission?
– 3 best candidates selected
• Appointed by governor and confirmed by
legislature
• Retention election after first term
• Voters decide on second longer term
• Designed to meet independence,
accountability and quality concerns
Criminal Justice System
• Law enforcement and prosecution
• Trial court system
• Correctional system
Enforcement and Prosecution
• Enforcement is highly decentralized
– city police
– county constables or sheriff
– Department of Public Safety and Rangers
• Prosecution
– complaint filed by competent person
– bill of information - misdemeanors
– grand jury indictment - felonies
• evidence presented by county or district attorney
Juries
• Grand juries
– 12 members recommended by grand jury
commission
– Meet in secret
– Usually deal with felonies
• Petit ( trial) juries
– 6 or 12 members
– Venire (jury panel) - literate citizen, 18 years
old, of sound mind, without felony conviction
• Peremptory challenges - 15/10/5
• Challenges for cause - no limit
Correctional System
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Retribution versus rehabilitation
Verdicts - probation, incarceration, fine
Incarceration less than year - county jail
Overcrowding and lack of medical care
Ruiz v. Estelle - U.S. Court in 1971
Probation or early release to solve
Increases in recidivism rates
Overcrowding Factors
• Population increase
• Youthful population - 18 to 30 year old
males
• Emphasis on retribution
• Federal war on drugs in 1980s
• Ignoring problem by White and Clements
Major Prison
Building Program
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$2.3 billion in 1990s
Tripled bed capacity in 5 years
145,000 total capacity
100,000 for violent/repeat offenders
25,000 beds in state jails
10,000 beds for drug/alcohol rehab
Cost runs at $40 per prisoner per day
Juvenile Correction System
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Violent crimes by juveniles has increased
Trying juveniles as adults
In 1995 14 year olds treated as adults
Determinate Sentencing Act
– no fresh starts at 18 years old
– allows transfer to adult facilities at 18 not to
exceed total of 40 years
– tracking gang activities now mandated
Texas Justice
and Political Change
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Only piece-meal changes since 1876
Most changes in trial court structure
Calls to reform selection of judges
Shift to retribution rather than
rehabilitation
• Juvenile system also shifting to
retribution
Texas Justice and Democracy
• Popular judicial elections are ideal of
democracy
• Lack of information and deliberation on
qualifications is a drawback
• Elections tend to be popularity/party
contests
• Low voter turnout smacks of special
interest/elitism not democracy