Texas Government - Chapter 9

Judicial Politics

Texas elects its judges, unlike the federal government's lifetime appointment system. The election system brings with it much controversy regarding the partisan nature of judicial selection.

Court Structure

Texas has a large and complex court structure consisting of multiple courts with overlapping jurisdiction.

Statutory County Courts at Law

courts that hear less serious criminal and civil cases than those heard by district courts, often with specialized jurisdiction in more populous counties.

Specialty Courts

created to address particular crimes or serve particular populations. These courts are part of the district courts and focus on trying to resolve the underlying problems, such as mental health, alcohol and drug abuse, and prostitution, that lead to recurring criminal behavior. There are currently 191 specialty courts with one presiding judge.

Civil Law

deals with disputes, usually between private individuals over relationships, obligations, and responsibility.

Courts of Appeal

the 14 intermediate-level appellate courts that hear appeals from district and county courts to determine whether the decisions of these lower courts followed legal principles and court procedures. There are currently 80 elected judges serving on the 14 courts.

The Legal Process

the law is divided into criminal and civil law, each with jurisdiction over particular types of cases and with specific procedures.

District Courts

the major trial courts in Texas, which usually have general jurisdiction over a broad range of civil and criminal cases. There are currently 465 district courts with one presiding judge.

Issues in the Texas Court System Today

a) Civil Cases and Tort Reform: the most important type of civil cases, because of the large amounts of money involved, is tort law, cases in which one person has been harmed by the actions of another. The partisan nature of the courts in Texas allows interest groups to influence judicial elections in favor of either the plaintiffs or defendants in civil suits. b) The Regulation of the Legal Profession: to practice law in Texas, one must be a licensed lawyer who has completed a Juris Doctor in an accredited program and has passed the Texas state bar exam. The State Bar of Texas is both a professional organization and an agency of government which enforces ethical standards for the profession and disciplines lawyers for infractions. c) Judicial Conduct: the State Commission on Judicial Conduct was created by a constitutional amendment in 1965 and was charged with investigating allegations of judicial misconduct and disability and with disciplining judges. It is a hybrid agency with two attorney members appointed by the state bar, six judicial members appointed by the Texas Supreme Court, and five citizen members who are appointed by the governor, all confirmed by the state senate.

County Courts

exist only in some counties, with jurisdiction over probate cases and serious criminal misdemeanors, and are presided over by the county judge. The county judge also presides over the county commissioner's court in each of Texas's 254 counties.

Proposed Reforms of the Texas Judiciary

i) Changing the System of Electing Judges: concerns over the low-visibility of judicial elections, limited voter knowledge regarding qualifications, and money in judicial campaigns have led some to propose new methods of election. (1) Merit selection: a reform under which judges would be nominated by a blue-ribbon committee, then be appointed by the governor and, after a brief period in office, run in a retention election, where voters would determine whether to keep an incumbent in office. (2) To promote the selection of individual candidates, the legislature banned straight-ticket voting, where voters check a box by one of the political parties on the ballots, which casts votes for every candidate on the ballot with that political party affiliation. (3) The Judicial Campaign Fairness Act placed limits on judicial campaign contributions. Most notably, the act limited individual contributions in judicial campaigns to $5,000 and to $30,000 from law firms for statewide candidates. ii) Increasing Minority Representation on the Bench: Judges in Texas are overwhelmingly Anglo, male, well educated, and upper class. Women make up 50 percent of the population by gender, while Hispanics and African Americans together make up fifty percent of the Texas population by race or ethnicity. Some reformers are interested in increasing representation for these groups on the bench in Texas. iii) Restructuring the Texas Judiciary to make it More Rational and Efficient: judicial districts in Texas are not subject to the one person - one vote standard of legislative districts, with jurisdictions overlapping for many courts. Cases can be randomly assigned to the overlapping courts, resulting in opposing decisions and a lack of certainty or predictability.

Civil Law continued

i) The plaintiff files a complaint, presenting their grievance to the court, often hiring a lawyer on a contingent fee basis that allows the lawyer to collect a percentage of any damages if the case is won. ii) The defendant files an answer, the defense against an allegation, and will likely have a hired attorney working for an hourly fee that is paid whether the case is won or lost. iii) A civil trial may be heard by a judge or jury consisting of six or twelve jurors, depending on the level of court. A verdict is rendered by at least five sixths of the jury using the standard of preponderance of evidence: the standard of proof by which the plaintiff must show that the defendant is more likely than not the cause of the harm suffered by the plaintiff. iv) A verdict may be appealed, usually from the trial court to the intermediate court of appeal and on to the state supreme court, if necessary.

Criminal Law continued

i) The plaintiff in criminal law is the state, which is represented by a county or district prosecutor. The defendant is represented either by a hired attorney or a public defender/appointed counsel. ii) Felonies are serious criminal offenses, punishable by a prison sentence or a fine; a capital felony is possibly punishable by death. iii) Misdemeanors are minor criminal offenses, usually punishable by a fine or a jail sentence. iv) Before a trial may occur, a grand jury must determine whether sufficient evidence is available to justify a trial - it does not determine the guilt or innocence of an individual. The grand jury will issue an indictment charging the suspect with a crime, stating that a trial is warranted. v) A defendant has a right to a trial by jury: twelve jurors for felonies, six jurors for misdemeanors. The verdict must be unanimous with a standard of guild beyond a reasonable doubt. Sentencing occurs upon declaration of a guilty verdict. vi) A defendant can waive the right to a jury to request a bench trial, held without a jury and before only a judge, or can take a plea bargain, a negotiated agreement in which a defendant agrees to plead guilty in return for the state's agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing. vii) The defendant may appeal a guilty verdict, usually alleging an error in the trial that may have affected the trial's outcome.

Justice of the Peace Courts

local trial courts with limited jurisdiction over small claims and very minor criminal misdemeanors. Each county has between one and eight justice of the peace precincts, for a total of 802 courts and judges.

Municipal Courts

local trial courts with limited jurisdiction over violations of city ordinances and very minor criminal misdemeanors. There are currently 1,326 municipal courts and judges in Texas.

Statutory Probate Courts

specialized courts whose jurisdiction is limited to probate and guardianship matters.

Criminal Law

the branch of law that regulates the conduct of individuals, defines crimes, and specifies punishment for criminal acts.

Initial Appointment of Judges by the Governor

the governor appoints judges to district and appellate court vacancies and to fill judgeships to new courts. This gives the governor much power as 54 percent of appellate judges and 33 percent of district judges got on the bench through appointment.

Texas Supreme Court

the highest civil court in Texas; consists of nine elected justices, serving six-year terms, who have final state appellate authority over civil cases.

Texas Court of Criminal Appeals

the highest criminal court in Texas; consists of nine elected justices, serving six-year terms, who have final state appellate authority over criminal cases.

Judicial Elections Become Highly Partisan

the selection of judges in partisan elections was not controversial for much of Texas's history as a one-party Democratic state. However, when the first Republican governor since Reconstruction was elected in 1978, he began appointing Republican judges to the bench. These appointments resulted in re-elections, causing the fight for judicial seats to become more competitive and costly.