StudySpace: We the People ed. 6

Court Structure

Texas is unique in that it has two supreme courts—one for civil cases, which is called the Supreme Court of Texas, and one for criminal cases, which is called the Texas Court of Criminal Appeals. The nine justices who sit on each court, like all judges in Texas, are elected. This is just another example of popular control over those individuals chosen to govern in Texas.

I. How can one describe the large and complex structure of the Texas court system? What is the jurisdiction and authority of each level of court?

• At the highest level is the Texas Supreme Court for civil matters and the Texas Court of Criminal Appeals for criminal matters.
• Both courts have nine justices that are elected to six-year terms.
• Both courts have appellate jurisdiction.
• The requirements for office include being a U.S. citizen, being a resident of Texas, being at least thirty-five years of age, and being either a practicing lawyer or having been judge for ten years.
• You should note that all attorneys are licensed by the Texas Supreme Court and are members of the State Bar of Texas.
• The fourteen Courts of Appeal are the next level of courts; they also have appellate jurisdiction.
• The major trial courts are the district courts, which are responsible for conducting trials in civil and criminal cases, with some district courts allowed to specialize in a particular type of case.
• There are also county judges, county courts at law, statutory probate courts, justice of the peace courts, and municipal courts.

 

The Legal Process

I. What are the differences between civil and criminal law in Texas?

• Civil law involves a dispute, usually between private individuals over relationships, obligations, and responsibility (e.g., contracts, property, personal injury).
• Criminal law involves the violation of a criminal statute and is brought by the state against the accused violator or defendant.

 

II. How is the legal process different in civil and criminal cases?

• In civil cases, the plaintiff has the burden of proof and must prove his or her case by a preponderance of the evidence to recover monetary damages.
• In criminal cases, the state must prove that the defendant committed the offense beyond a reasonable doubt.
• Most cases are resolved before they reach trial, through settlement in civil cases or a plea bargain in criminal cases.
• Often, before a case goes to trial, a grand jury will determine whether there is enough evidence against a defendant to justify a trial.  Grand juries do not rule on a defendant’s guilt or innocence.

 

How Judges Are Selected

I. What is the most important feature of how judges are selected in Texas? What does this feature reveal about Texas politics more broadly? How does the selection process influence who becomes a judge in Texas? What alternatives or reforms to the current selection process are available?

• Judges at every level are elected. However, if there is a vacancy before an election, the governor will appointed someone to serve until the next election.
• Judges must campaign for office in a partisan election, which generally requires drawing support from one side of the bar or the other (e.g., civil judges draw support from either the plaintiffs bar or the civil defense bar) and criminal judges draw support from the prosecution or criminal defense bar).
• Accordingly, elections become political contests between influential segments of the legal community.
• Furthermore, the selection method has made it difficult for minorities and women to become judges in Texas.
• One reform that has been suggested is to provide for evaluation elections after an initial appointment by the governor to reduce the political nature of judicial selection.
• Another alternative selection method would be based on merit.
• Judges are disciplined through the Commission of Judicial Conduct, which took action against fifty judges in 1998.

 

The Importance of the Texas Courts

I. What are some of the ways that courts in Texas have an important impact on the lives of all Texans?

• The most visible issue addressed by Texas courts, and particularly the Texas Court of Criminal Appeals, is the death penalty.
• There is a racial and ethnic disparity such that minorities are disproportionately represented on death row.
• Other issues addressed by the courts include tougher criminal sentencing, tort reform, school financing, and the tobacco litigation.

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