TGOV: Ch. 10 MT Activities

Texas has separate highest courts for criminal and civil cases. Criminal cases can be appealed as high as the Texas Court of Criminal Appeals, while civil cases can be appealed to the Texas Supreme Court. Most cases go through the Texas Court of Appeals, with the exception of death penalty cases, which can be decided at the district court level and appealed directly to the Texas Court of Criminal Appeals.

Every judge in Texas must be elected to their position, with the exception of judges who are appointed to complete a judicial term. Those judges may finish out another judge's term before facing election.

All trials in Texas involve a jury. True or False?

False

Which of the following are potential consequences from the system of plea bargaining? (Select all that apply.)

Felonies can be pled down to misdemeanors, Court dockets become less congested, Defendants may feel pressured to agree to plea bargaining

Which of the following courts have original jurisdiction in Texas? (Select all that apply.)

Municipal courts, County courts

Which of the following is a characteristic feature of the Texas method of selecting judges?

Partisan election

The judicial process in Texas follows a strict process, with many possible outcomes depending on the progression of the case. It begins when someone is arrested or given notice to appear in court. In the case of the latter, if the person concerned fails to appear then a warrant will be issued for their arrest. In some cases, an investigation takes place immediately before the arrest. Anyone being detained must be made aware of their Miranda Rights, derived from the 1966 Supreme Court case Miranda v. Arizona where it was established that the accused was not aware of their constitutional right to avoid self-incrimination.

The Texas Constitution protects the rights of the accused. Everyone is entitled to a speedy, public trial by an impartial jury, the right to know the nature of the accusation against them, the right to remain silent, the right to representation, the right to be confronted by witnesses, and the right to be charged by a grand jury in cases of felony. The Texas court system adjudicates thousands of cases every year, and over 90 percent of these cases are concluded by a process known as plea bargaining. This is where a prosecutor offers a defendant a reduced punishment in exchange for pleading guilty to a lesser offense.

Texas has two final appellate courts. True or False?

True

True or False: The fifty states use various methods to select judges for the bench.

True

The majority of judges in Texas serve _____ year terms

four

How many courts does Texas have?

3,400

In the United States, most states do not employ partisan elections to select judges, but Texas remains one of six states to continue to elect all judges based on partisan elections. Partisan election refers to when candidates listed on a ballot indicate their political party affiliations. Texas holds partisan primaries in which candidates are nominated from each party and compete to represent the Republican or Democratic Party in the general election. In Texas, judicial appointments come into play only under two circumstances. To fill interim court vacancies, the Texas constitution allows appointments by the governor (and county officials) in place of interim elections. Also, in Texas, nearly all municipal judges are appointed by city councils. Otherwise, most judges serving in Texas courts are elected through partisan elections.

However, partisan election of judges has not been without its controversies. One major criticism of the partisan election has been that an overwhelming majority of Texas voters have not been voting for judicial candidates based on legal qualifications and judicial philosophy or even on the candidates' campaign efforts. Instead, voters make their choice based on the political party's performance they wanted to support at the time. As a result, many highly qualified justices have been swept out of office because their party was no longer popular in their jurisdiction. Hence, partisan sweeps have been criticized as demoralizing to judges, disruptive to the legal system, and degrading to the administration of justice. Partisan election of justices has also come under added scrutiny because of its potential to undermine judicial impartiality because of the influences of politics and money. Politics manifests itself in elections in the form of the hyper-partisanship that has come to define American politics. Partisanship has excessively polarized debates, reducing most issues down to right versus left alternatives. Whenever partisan politics is the driving force and the political climate has turned as harsh as it has today, then judicial independence becomes a casualty. And as the former Texas Chief Justice Wallace Jefferson underlined, "A justice system built on some notion of Democratic judging or Republican judging is a system that cannot be trusted." Hence, partisanship has posed a severe challenge to judicial efficacy and legitimacy.

In a nonpartisan election, judicial candidates compete without a party label next to their names similar to those elections employed at the municipal level in Texas. Nonpartisan elections make candidates win elections on their campaign efforts and not on their party's popularity. This method is believed to provide voters with a voice in the selection of their judges and is therefore more democratic and accountable than the appointment system. Thereby, nonpartisan elections have the possibility of mitigating "judicial sweeps" as voters assess and cast their votes based on a candidate's message and merits.

In the merit-based appointment system, judges are selected and appointed to serve for an interim period by an independent body. The selection is made either by a commission, the governor, the legislature, or the state supreme court. Of all the merit-based appointment systems, the most common method is the commission. The commission (often consisting of lawyers and judges) presents a panel of names to the governor, who appoints a judge for an interim period (one year or so). At the end of the interim period, voters determine whether the appointee will be retained for a full term. When the governor nominates a judge, it will be for an interim period. After the interim period, the appointed judge must win a full term in an uncontested popular election. The same basic principle also applies when the legislature or the state supreme court makes the appointment. In Texas, the appointment of judges occurs only under various circumstances that can create a vacancy, then the governor fills the vacancy (with the consent of the state senate) until the next election cycle

Several weaknesses have been associated with the Texas's system of electing judges. Select all that apply.

It allows highly qualified judges to be swept out of office, It allows money to sway election outcomes, It allows politics to distort judicial decision-making.

By which methods do individuals in Texas become judges? (Select all that apply.)

Joining a political party, Appointment, Winning an election

What is the largest number of justice courts a county in Texas can have?

Sixteen

Article 5 of the Texas Constitution specifies the structure and powers of the Texas Court System. It declares that "The judicial power of this State shall be vested in one Supreme Court, in one Court of Criminal Appeals, in Courts of Appeals, in District Courts, in County Courts, in Commissioners Courts, in Courts of Justices of the Peace, and in such other courts as may be provided by law." There are multiple courts in Texas that have original jurisdiction in different matters. Original jurisdiction is the power to hear a case for the first time.

Texas district courts are the trial courts of general jurisdiction of Texas. There are almost 500 of these, with the majority located in the most populous counties. They have original jurisdiction in felony criminal cases, divorce cases, cases involving title to land, and election contest cases. They can also hear civil cases where the damages exceed $200.

The Texas Constitution provides for a county court in each county, but limits these to one. As the number of counties grew in population, it became necessary to create a larger court system. This is why the county courts exist as both constitutional county courts and county courts at law. The former have original jurisdiction over class A (such as burglary of a vehicle) and class B (including possession of less than 2 oz of marijuana) misdemeanors and have appellate jurisdiction in cases appealed from the lower courts in counties where there are no county courts at law. These courts also have civil jurisdiction between those of the inferior and superior courts. In addition to county courts at law, more populous counties can have probate courts that specialize in probate matters.

The lowest level in the Texas court system includes the justice courts and the municipal courts. The former number between one and eight precincts, and either one or two courts in each precinct, depending on the population of the county. They have original jurisdiction in class C misdemeanors, which include theft of items valued at less than $50, and minor civil matters. Municipal courts have original jurisdiction over violations of city ordinances.

Which of the following rights are protected under the Texas Constitution? (Select all that apply.)

The right to know the nature of the charges against them, The right to a trial by jury, The right to remain silent

Which of the following are true of county courts in Texas? (Select all that apply.)

They have both original and appellate jurisdiction over cases, The legislature had to create county courts at law, The Constitution provides for one county court per county.

Why must a detained person be read their Miranda Rights? (Select all that apply.)

To ensure they understand their rights under the Constitution, To protect all evidence obtained during questioning