| THE JUDICIARY "... sheer size and complexity of the Texas court system." Show "... undeniably important because they affect our lives." Three basic characteristics: 1. Two appellate courts of last resort 2. Trial courts do not have uniform jurisdiction of subject matter
3. Judges are chosen in partisan elections Different from other state courts and very different from federal courts Organization One of the most complex court systems in the United States, if not the world Three levels of trial courts (original jurisdiction): 1. District 2. County 3. Inferior No uniform jurisdiction Have to look at statute to determine which court handles what kind of issues Inferior courts Justice (of the Peace) and Municipal Courts Most cases are traffic offenses Revenue
producers for the local governments that fund them Justice of the Peace Courts Required in each county Counties of 30,000 or more people must have from four to eight precincts Each precinct has a JP Term is four years; no term limit Selected in partisan elections Not court of record Any appeal to a county court is a de novo proceeding Case is tried again Jurisdiction Offenses punishable by fine only Small claims (not more than $5,000) Can issue arrest or search warrants Act as coroners (declare people dead) Municipal courts Established by legislature in 840 cities Most judges are appointed; a few are elected Most are not courts of record Appeal is de novo Jurisdiction Violations of city ordinances Lowest class of state misdemeanors County-level courts 1. Constitutional county courts 2. Statutory county courts 254 constitutional county courts Hears appeals from inferior courts Criminal jurisdiction over higher misdemeanors Probate matters Civil matters from $200.01 to $5,000 County judge Judicial officer Head of the commissioners' court Executive and legislative officer Term of office is four years Statutory county court 74 counties County courts at law, probate courts, etc. Designed by the individual county Help take the workload from the constitutional county courts Most counties have at least one court Harris County has 23, each with one judge Judges serve four year terms Elected District Courts Trial courts of general jurisdiction Felony cases - only court Misdemeanors involving official misconduct See the recent Randall County Commissioner case Divorce Election contests Civil cases over $200 Legislature has created some statutory district courts In metro areas, these courts tend to specialize 386 district-level courts Most are one county Some counties have more than one Harris County has 59 Each court has one judge Elected Four-year term Appellate Courts Appellate jurisdiction 1. courts of appeals 2. courts of last resort Texas Court of Criminal Appeals Supreme Court of Texas Based on the written record of a trial Decide questions of procedure Courts of Appeals 14 districts Chief justice and at least two other justices Elected to six-year terms Elected by voters in their court of appeals district Hear appeals from county and district trial courts Appeals from this court go to Court of Criminal Appeals or Supreme Court Texas Court of Criminal Appeals Court of last resort in criminal cases Appeals from death-penalty cases Denials of bail May refuse to review a decision Decisions are final unless federal constitutional question Appeal to U.S. Supreme Court Makes rules of appellate procedure in criminal cases Makes rules of evidence for the
trial of criminal cases Court sits in Austin Presiding judge 8 other judges Elected to six-year terms Elected in a statewide election Supreme Court of Texas Court of last resort in all cases except criminal cases Regulates the legal profession in the state Operates the state bar Who can be a lawyer? Makes rules of civil procedure and appellate procedure in civil cases Makes rules of the Commission on Judicial Conduct Court sits in Austin Chief Justice 8 other Justices Elected to six-year terms Elected in a statewide election Judicial selection Five basic ways to select judges 1. legislative appointment 2. executive appointment in which the governor has judicial appointment power 3. nonpartisan election 4. partisan election 5. merit selection where a nominating commission selects several candidates to fill a judicial vacancy and an elected official (usually the governor) appoints one of the names from that list Sometimes known as the Missouri system Includes a retention election Texas uses partisan elections Sometimes doubtful that the voters are well-acquainted with the qualifications of the candidates How does this differ from campaigns for other offices? Are judicial elections more important legislative elections? Judicial selection is hotly debated issue Governor would like executive appointment Many lawyers would prefer Missouri
system Chief Justice Tom Phillips on Judicial Selection Concerned about special interest groups Affect public policy by treating judicial elections just like legislative and executive elections Are Texas' judges truly independent? Problems with current system Revolving door Median tenure for an appellate judge or justice is a little more than 4 years Not really diverse at appellate, district, and statutory county 8 percent Hispanic 3 percent African-American Ethics Judges appear that they are being bought Texas actually has a process of appointment Called appointive-elective A significant number of judges and justices are appointed Stand for reelection as incumbents Even the election system doesn't work Must have at least two lawyers who are willing to run In 1998 only 100 of 257 appellate and trial court elections had more than one
candidate Chief Justice Phillips would prefer "retention elections" At end of term, each judge would stand for retention Should Judge X be retained as a judge on some court? AKA "yes" or "no" election If not retained, governor gets to appoint Qualifications Justices of the Peace No special qualifications Must take training sessions if not a lawyer Most are not lawyers Municipal court judges Vary depending on the city Judge of the constitutional county court Must be "well informed in the law of the State." About 85 percent of county judges are not lawyers Statutory county courts Must be licensed to practice law in Texas Must be 25 Must have practiced law at least four years before election District courts Must be a citizen of the U.S. and of Texas Must be licensed to practice law in Texas Must have practiced law or been a judge for at least four years before election Courts of appeals, Court of Criminal Appeals, Supreme Court Must be a citizen of the U.S. and of Texas Must be licensed to practice law in Texas Must be 35 Must have practiced law or been a judge for
at least 10 years before election No term limits 1965 - mandatory retirement District courts and appellate courts Must retire at age 75 May be removed for cause Also suspended, censured or disciplined Which of the following types of Texas judges are selected by partisan elections quizlet?Both trial court judged and appellate court judges are selected via partisan elections in Texas.
Are judges in Texas are elected in partisan elections?JUDICIAL SELECTION REFORM IN TEXAS
Currently, Texas is one of six states that requires judicial selection for all judicial offices by partisan elections.
Why does Texas use partisan elections to choose its judges?They believe voters are capable of selecting a judiciary that reflects their values and that they are entitled to that choice. Along similar lines, those in favor of elections say that the prospect of being voted out of office holds judges accountable to voters.
Are Supreme Court judges non partisan?The office of appellate or supreme court justice is nonpartisan. To be eligible to serve in either position, a person must have practiced law for at least 10 years.
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Which of the following types of texas judges are not selected by partisan elections?
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