TX Gov Chapter 9: The Texas Judiciary

Statutory County Courts

-The Texas legislature has created 233 additional statutory county courts and 18 statutory probate courts. -Criminal jurisdiction-Class A and B misdemeanor offenses. -Civil jurisdiction-civil cases involving amounts of money up to $100,000. -Class C misdemeanor appeals from JP or municipal courts and civil case appeals from JP court.

Municipal Courts

-The Texas legislature has created municipal courts in every incorporated city in the state. -Operate in 920 cities staffed by 1,531 judges. -Criminal jurisdiction-Class C misdemeanor offenses. -Exclusive jurisdiction involving violations of city ordinances-laws enacted by the governing body of a municipality. -Traffic cases account for more than 80 percent of the workload. -Perform magistrate duties.

Grand Jury

-The grand jury, consisting of 12 persons, determines whether there is sufficient evidence to justify a trial. -prior to the trial. -If jurors decide a trial is warranted, they will issue an indictment [a written statement issued by a grand jury that charges a suspect with a crime and states that a trial is warranted]. [also known as a "true bill"]. [If a grand jury does not believe a trial is warranted, the jury issues a "no bill"]. -If the defendant is found guilty, a separate hearing is held for sentencing. The defendant may also appeal a verdict: -An appeal may allege, a trial error (by the judge). [that effected the outcome]. [In rare cases, a prosecutor may also appeal].

Plea Bargain

a negotiated agreement in a criminal case: -defendant agrees to plead guilty in return for reduce criminal charge or prison sentence. -Whose interests are served or not served?

Texas Judge Elections

are Selected in Partisan Elections: -Candidates for the bench must organize electoral campaigns and run for office. -must raise campaign donations, hire staff, make speeches, advertise, organize events, and take policy positions. -Threatening judicial neutrality? Partisan elections impact: -Accountability. -Independence and professional ability of the state's judges. [but in different ways and to differing degrees]. -Trial lawyers often back Democratic judges [likely to be the more liberal, or pro-plaintiff]. -Civil defense lawyers may back Republican judges [more likely to be conservative, or pro-defendant (business)]. -Additionally, Prosecutors' offices can be quite political.

The Legal Process

Law is divided into two parts: -Civil Law. -Criminal Law.

Judicial Campaign Costs

-A candidate for the Texas Court of Criminal Appeals may raise $100,000 [Relatively fewer dollars and interest in criminal law]. -A candidate for the Texas Supreme Court may raise around $1 million for a campaign [Dollar amounts are far greater] [$99.5 million in 2012 / jury found Audi 55 % negligent]. -2003 constitutional amendment limited payouts in medical malpractice lawsuits [$750,000 cap on payouts for pain, suffering, disfigurement and mental anguish]. [The limit often makes litigation cost prohibitive].

Judicial Elections Became Highly Partisan

-By the early 1980s, competition began to appear in judicial races, making election more expensive [William Clements, the first Republican governor to be elected (1978) since Reconstruction, began appointing Republicans to the bench]. -Contributors (and the $$$) for judicial races raise concerns about the neutrality of Texas judges. -86 % of judges polled believed campaign contributions had some influence on judicial decisions.

County Trial Courts of Limited Jurisdiction

-Constitutional County Courts. -Statutory County Courts.

State Intermediate Appellate Courts

-Court of Appeals.

Constitution County Courts

-Created by Texas Constitution in each of the state's 254 counties. -Criminal jurisdiction-Class A and B misdemeanor offenses. -Civil jurisdiction-civil cases involving amounts of money between $200 and $5,000. -Hears appeals de novo (new trials) from justice of peace courts or municipal courts.

State Trial Courts of General and Special Jurisdiction

-District Courts.

Moral Traditions of Courts

-Honor, glory and courage. -Justice and law. -Surrender and grace. -Reason and logic.

Appointment of Judges

-Initial Appointment of Judges by the Governor. -Large percentages of judges initially get on the bench through appointment [55 % of appellate judges] [38 % of trial judges]. -Controversy nevertheless surrounds the partisan election of judges in Texas.

Judicial Districts

-Judges in Texas are elected but do not represent the electorate. -The number of judgeships on the ballot is overwhelming. -Judges are not subject to redistricting [Judicial districts in Texas are a assortment of jurisdictions]. -It is easy for voters to simply vote according to party affiliation.

Local Trial Courts of Limited Jurisdiction

-Justice of the Peace Courts (JP). -Municipal Courts.

Texas Integrated Bar

-Licensed lawyers must join the State Bar of Texas. -To practice law, one must be a licensed lawyer; to be licensed, it is generally necessary to complete a Juris Doctor (JD) degree at an accredited law school. -The State Bar of Texas is both a professional organization and a government agency. -Lawyer discipline can occur due to criminal behavior, failure to keep a client informed, or not paying out funds from a settlement. -Enforcing ethical standards is the job of the Texas Bar.

State Highest Appellate Courts

-Supreme Court. -Court of Criminal Appeals. -Both of them are referred as the Texas supreme courts. -Texas Court of Criminal Appeals & Texas Supreme Court Are the Highest Level Courts in Texas. - Texas is one of two states (Oklahoma is the other) with two supreme courts. -Nine justices (each court). -Final appellate jurisdiction in state. -Minimal requirements for being a Texas Supreme Court justice. -Six-year term; at least three justices elected every two years. -Salary of $150,000 per year.

District Courts

-Texas has 456 district courts. -Each court serves a specific geographic area, which may encompass several counties in the rural areas. -Basic trial courts of the state. -Criminal jurisdiction-felony offenses. -Civil jurisdiction-civil cases involving amounts of money of $200 or more. -Some district courts specialize hear only civil, criminal, juvenile, or family law matters. -General jurisdiction hear felony criminal cases, divorces, land disputes, election contests, and civil lawsuits.

Judicial Campaign Fairness Act

-Texas legislation places limits on judicial campaign contributions. -Individual contributions to candidates for the TXSC & TXCCA are limited to $5,000 [may accept up to $300,000 in total contributions from PACs] [Other judicial candidates are limited to between $1,000 and $5,000]. -Judges are also to recuse themselves if they receive contributions from a party to a lawsuit or from the party's lawyer in excess of the act's limits.

Discipline of Judges

-The State Commission on Judicial Conduct deals with investigating misconduct and disability and with discipline of judges [Relies on complaints from the public, attorneys, the judiciary]. -Other than impeachment by the legislature or criminal prosecution of judges, the commission is the only mechanism for regulating the conduct of judges. -Most actions involve private sanctions.

Justice of the Peace Courts (JP)

-The Texas Constitution requires each county to operate at least one JP court [larger counties to have as many as 16]. [2011: 819 JP courts operated statewide]. -Criminal jurisdiction-Class C misdemeanor offenses. -Civil jurisdiction-civil cases involving amounts of money of no more than $10,000. -Small claims cases and evictions. -Perform magistrate duties.

Minority Representation in Texas Judiciary

-The judiciary does not reflect the diversity of the state. [There is a higher proportion of women in the Texas judiciary than of minorities]. -The issue of minority representation has been of major concern among minority and civil rights leaders. [The case League of United Latin American Citizens v. Mattox (1989) involved the diluted strength of minority voters and violation of the Voting Rights Act].

Civil Cases and Tort Reform

-Tort law refers to civil cases in which one person has been harmed by the actions of another [For example, medical malpractice]. -The Texas Supreme Court sets the tone in civil cases, which makes that court a political battleground. [Favoring or discouraging tort defendants].

Court of Appeals (Intermediate Level)

-Usually, initial appeals are heard by courts of appeal in Texas [14 courts of appeals, serving a specific area] [Decide civil and criminal appeals from the district and county courts]. -Except death penalty appeals, which go directly to the Texas Court of Criminal Appeals. [80 justices staff the 14 courts of appeal]. [Number of justices in each court varies from 3 to 13, depending on the workload].

Problem with Judicial Elections

-Voters often know little about judicial candidates and often vote the party label. -Critics also charge that many voters are unable to intelligently evaluate the qualifications of judicial candidates. -Elections suggest that voters are often uninformed about the judicial candidates. [Elections suggest that voters are often uninformed about the judicial candidates].

Civil Law

-involves a dispute, usually between private individuals over relationships, obligations, and responsibility. -the remedy is often for the offending party to pay compensation to the injured party. -An aggrieved person files a complaint [against the person accused of causing harm]. -petition is filed with the clerk of court, who issues a citation against the defendant. -The aggrieved person may be able to obtain the services of a lawyer on a contingent fee basis [Lawyer gets paid if the case is won]. -The defendant will file an answer explaining why the allegations are not valid. -The standard of proof the plaintiff must meet is preponderance of the evidence [plaintiff must show that it is more likely than not that the defendant is the cause of the harm suffered by the plaintiff]. [Most civil cases are "settled"... resolved without going to court]. [Trial court decisions can be appealed]. -are time-consuming and expensive. -It is increasingly common to try to negotiate a settlement through mediation or arbitration. -Arbitration. -Mediation.

Criminal Law

-involves the violation of concepts of right and wrong as defined by criminal statutes. -If guilty, punishment can involve loss of liberty or life [Jail time]. -The state alleges a violation of criminal law and is represented by a prosecutor. -Felony: a serious criminal offense, punishable by a prison sentence or a fine. [Capital case: a case in which the death penalty is a possible punishment]. -Misdemeanor: a minor criminal offense, usually punishable by a fine or a jail sentence. -Most criminal defendants are found guilty. -Indigent criminal defendants are commonly represented by court-appointed lawyers. [Issues: quality, time, and money]. -Money affects criminal and civil law because more money usually means better lawyers.

Texas Supreme Court

-the highest civil court in the state. -Nine justices / Civil and juvenile cases only. -Final appellate jurisdiction in state.

Texas Court of Criminal Appeals

-the highest criminal court in the state. -Final state appellate authority over criminal cases. -Jurisdiction over automatic appeals in death penalty cases. -Nine judges with the same pay, terms, and qualifications as for the Texas Supreme Court.

Arbitration

-the parties agree to present their case to a decision maker and to be bound by the decision.

Mediation

-the parties try to reach a compromise resolution without going to trial.

How Judges are Selected in Texas

Judges in Texas are elected. -Voters. -Interest groups are involved.

Responsibility of Texas Courts

Responsible for securing liberty and equality under the law. -It appears to some that Texas judges may be unaccountable for their actions [Because judges in Texas are elected politicians]. -judges and candidates may focus on the favor of voters. -Partisan judicial elections make party affiliation and incumbency especially important factors. -These issues may be factors in the high use of the death penalty.

Trials and Juries

Rights of a defendant in a criminal case: -has the right to trial by jury. -may waive that right and undergo a bench trial before the judge only. -Often, a suspect will engage in plea bargain. Felony juries have 12 members; misdemeanor juries have 6: -The verdict must be unanimous. -With criminal cases, the evidentiary threshold is beyond a reasonable doubt [why the standard of proof is so high in criminal trials?].

Texas Court Structure

Texas's large and complex court structure: -consists of courts with overlapping jurisdiction. -courts with specialized jurisdiction. There are 5 Levels: -Local Trial Courts of Limited Jurisdiction. -County Trial of Limited Jurisdiction. -State Trial Courts of General and Special Jurisdiction. -State Intermediate Appellate Courts. -State Highest Appellate Courts.

Judicial Reform

There have been numerous efforts to reform the judiciary: -Changing the system of selecting judges. -Increasing minority representation. -Restructuring the judiciary. Alternative Means of Selection: -Nonpartisan election of judges [Party affiliation would not appear on ballot]. -Merit selection. -A system known as "appoint-elect-retain" • -Restructuring would mean major change. Example: -A proposal in 1995 would have had all appellate judges appointed by the governor, and district judges chosen in nonpartisan elections. -In retention elections with no opposing candidate, voters would vote "yes" or "no" to retain. -This compromise fell through.