Texas Courts PDF

9/23/2024 The Courts GOVT 2306 TEXAS GOVERNMENT 1 Laws rules that a particular community recognizes as Laws- The system of regulating the actions of its members and may enforced...

9/23/2024 The Courts GOVT 2306 TEXAS GOVERNMENT 1 Laws rules that a particular community recognizes as Laws- The system of regulating the actions of its members and may enforced by the imposition of penalties. 2 Types of Law  Constitutional Law – law stated in the Constitution or in the body of judicial decisions about the meaning of the Constitution  Establishes powers and limitations of government institutions  Explain how government institutions are supposed to interact  Provides guarantees for citizens’ basic rights 3 1  9/23/2024 Types of Law  Statutory Law – laws passed by a state or federal (Congress) legislature  Reflect the will of the people  Can address virtually any kind of behavior  Tell us how to behave 4 Types of Law Common Law Law that is established when judges apply past decisions by courts—called legal precedents to the facts of a new case before them 5 Types of Law  Administrative Law – law established by the bureaucracy, on behalf of Congress  Detailed rules and regulations  Created through the rulemaking process 6 2  9/23/2024 Types of Law Substantive Procedural Laws Laws Laws whose Laws that establish content, or how laws are substance, applied and defines what enforced; laws we can or that explain how cannot do legal proceedings take place 7 Types of Law Criminal Laws Civil Laws Laws prohibiting Laws regulating behavior the government has interactions determined to between be harmful to individuals; society; violations of violations of these laws are these laws are called crimes called torts 8 Types of Law Felony Misdemeanors  The highest criminal  A class of criminal offense under state or offenses which are minor federal law wrong doings  Murder, kidnapping,  Speeding tickets, sexual assault, stealing a trespassing, small car, arson quantity drug crimes, disorderly conduct 9 3  9/23/2024 What are Courts?  Institutions that sit as neutral parties to resolve conflicts according to the law  Actions:  Resolve disputes between 2 parties  Arbiter between branches and levels of government  Make public policy 10 Dual Court System  Federal Level Courts  Interpret federal laws  Cases of national importance  Cases involving federal government and its institutions, the US Constitution, or treaties  State Level Courts  Each of the 50 states has their own courts  Interpret state laws and state constitutions  Most cases heard in state court 11 Structure of the Court Systems Federal State Courts of Last Resort Appellate Courts Trial Courts US District Courts State Trial Courts (94 of them) 12 4  9/23/2024 Structure of the Court Systems Federal State Courts of Last Resort US Courts of Appeal State Intermediate Appellate Appellate Courts Courts (13 Courts) Trial Courts US District Courts State Trial Courts (94 of them) 13 Federal Court System – US Courts of Appeal 13 Circuit Courts (12  Regional and 1 for DC)  Appellate jurisdiction  Cases heard by a panel of 3 judges 14 Structure of the Court Systems Federal State Courts of Last Supreme Court of the United State Supreme Courts Resort States US Courts of Appeal State Intermediate Appellate Appellate Courts (13 Courts) Courts Trial Courts US District Courts State Trial Courts (94 of them) 15 5  9/23/2024 Federal Court System - Supreme Court 16 Which Court?  Geography  Subject Matter  The Court’s jurisdiction  Jurisdiction – a court’s authority to hear certain cases  Original jurisdiction – authority of a court to hear a case first  Appellate jurisdiction – the authority of a court to review decisions made by lower courts 17 Structure of the Texas System 5 Levels with Overlapping Jurisdictions 1) Local Trial Courts 2) County Courts 3) District Courts 4) Courts of Appeal 5) Courts of Last Resort (2)  Texas Supreme Court  Court of Criminal Appeals 18 6  9/23/2024 Total Trial Courts by State 19 Local Courts  Municipal Courts  Violation of city ordinances  Original, exclusive jurisdiction over  Created by Texas legislature  Largest Volume of cases of all courts  Justice Courts  Specific type of local trial court  Justice of the Peace 20 County Level Courts  Constitutional County Courts  Broad judicial and administrative powers  Budgetary authority over county government  County Courts at Law (Statutory)  Original jurisdiction on civil matters between $200 and $200,000  Appellate jurisdiction from local trial courts  Probate Courts  Process by which there is official recognition and registration of the validity of the last will and testament of a person  Only have in the largest counties 21 7  9/23/2024 State District Courts  Trial courts handle most major criminal and civil cases  First rung on the ladder of the criminal justice system  Original Jurisdiction  Divorce cases  Land title cases  Cases that do not fall under the jurisdiction of other courts  Bench Trial  Single judge presides and decides guild or innocence and punishment  Jury Trial  Group of individuals picked at random decides on guilt or innocence 22 Trial Outcomes 23 Appellate Courts  Courts that review legal issues of cases decided by lower courts  NOT new trials  Can decide case upon brief alone or they may hear oral arguments  Amicus curiae (friend of the court) briefs filed Dissenting opinions correlate to interest group participation  Opinion – Document that can express the view of the judges and often takes the form of a majority opinion, when written by a justice representing the majority, but may also be a concurring or dissenting opinion  Affirm lower court: case ends  Reversed: remanded back to lower court for further action 24 8  9/23/2024 Intermediate Appellate Courts  The first (lowest) level of appeals courts are the courts of appeals that are organized into 14 districts  Each court of appeals has a chief justice and at least two other justices  En banc: all of the justices of the court hear and consider the case  An en banc hearing can be ordered  Determination made by majority of justices 25 26 Bifurcated System Criminal and civil cases reach separate appellate bodies as a last resort. 27 9  9/23/2024 The Role of the Courts Interpreting the Law  Clarifying laws  The Texas Supreme Court sorts out contradictions and clarifies legislative meaning  Checking the Legislature  The courts often take on political roles, acting to check or maintaining legislative decisions by determining whether legislation is constitutional  Defining State Interests  Court sorts out competing claims between state and business or citizens  Advancing the Rule of the People  Texans vote out justices who they feel do not represent their values (theoreticaly) 28 Elected Judges In Texas all judges except for municipal judges are elected in partisan elections.  Most municipal judges are appointed  District judges, county-level judges, and justices of the peace serve for 4-year terms  Appellate judges (includes Supreme Court and Court of Criminal Appeals) serve for 6-year terms 29 Judicial Elections  Not very competitive  Many run uncontested  High rates of incumbency  Low turnout (unless there’s another election)  Low information--Reliance on Name Recognition  Prioritizes accountability over independence 30 10  9/23/2024 Judicial Elections  Conflicts of Interest – Donors may become litigants in court  Compromising Judicial Experience  Candidate quality matters less than party affiliation  Straight ticket voting  Influence of Money  Harsher Criminal Sentencing  Trial judges more likely to give longer sentences closer they are to reelection 31 Judicial Qualifications  Each level of court has unique qualifications  Lower courts shorter terms in office, less restrictive  City governments determine requirements for municipal court judges 32 Censure and Removal from Office  Judges who violate the standards of conduct face discipline, censure, or removal from office  Judges and justices can be removed in three primary ways in Texas:  by the State Commission on Judicial Conduct (by recommendation of removal)  by the Texas Supreme Court (by recommendation of removal)  by the legislature (by impeachment) 33 11  9/23/2024 Quality of Justice in Texas  Caseload: Overworked Judges?  Workload (in cases) in the judiciary  Rushed judges make mistakes or are inconsistent  Disposed: Take a case off the court’s docket by being heard or dismissed  Length of Court Cases  “Justice delayed is justice denied”  Length of time in a case is a measure of efficiency of the judiciary system  Number of days decreasing in Texas??  Most Recent data is for cases filed in 2020, the pandemic affected # of cases filed and how long it took to process them 34 Quality of Justice in Texas  Salary: Underpaid Judges  Judges can make high salaries in private practice  Judicial salaries in Texas lag behind other large states  Turnover of Judges  Stay in position b/c of prestige, reasonable salary, job security  “Judicial election” major factor in in losing judges  Access to Justice  Wealthy are at an advantage, better access 35 Texas Court Funding 36 12  9/23/2024 Reforming the System?  Nonpartisan Elections  Remove party label from ballot  Public Financing of Elections  Texas judicial elections some of costliest  State could give candidates funds to campaign  Limiting Fundraising Totals  Merit Selection  Select judges from a vetted list of candidates  After a fixed period of service judge stands for reelection 37 13