"... sheer size and complexity of the Texas court system."
 

"... 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
 
 

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

No civil jurisdiction
 
 
 

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 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
 

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
 

Are judges being bought?
 
 
 

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