Chapter 9 The Judiciary Flashcards
The tragic story of Texas’s 5th Court of Appeals Justice David Lewis illustrates
the politics of the Texas judiciary as well as issues of discipline of the state’s judges
It appears to some critics that the Texas criminal justice system has deep flaws such as
Texas judges are elected in partisan elections.
Judges have to make political calculations in seeking office.
Judgeships are intensely political.
A substantial portion of judges initially obtain office as a result of an appointment by the governor (to new judgeships or to judicial vacancies).
Example: appointment of Jason Boatwright to replace David Lewis
Courts are responsible for
securing liberty and equality under the law.
Judges in Texas are
elected
Voters and interest groups are
involved
Texas’s large and complex court structure consists of
courts with overlapping jurisdiction and courts with specialized jurisdiction.
The Texas Supreme Court is
the highest civil court in the state.
The Texas Supreme Court has
Nine justices
Civil and juvenile cases only
Final appellate jurisdiction in state
Minimal requirements for being a Texas Supreme Court justice
Six-year term; at least three justices elected every two years
Salary of $168,000 per year
The only requirements for being a Texas Supreme Court justice (and for being a judge in the Texas Court of Criminal Appeals) are
that one must be a U.S. citizen and a resident of Texas, be at least 35 years of age, and have been either a practicing lawyer or judge for at least 10 years.
It is the highest civil court in Texas
The Texas Supreme Court
How many justices do the courts consists of?
9
It is the highest criminal court in the state.
The Texas Court of Criminal Appeals
In the Texas Court of Criminal Appeals, nine judges have
the same pay, terms, and qualifications as for the Supreme Court.
What kind of authority does the Texas Court of Criminal Appeals have over criminal cases?
Appellate authority
The Texas Court of Criminal Appeals has jurisdiction over
automatic appeals in death penalty cases
Usually, initial appeals are heard by
one of the 14 other courts of appeal in Texas.
Both the Texas Supreme Court and the Texas Court of Criminal Appeals have
appellate jurisdiction, meaning they have the authority to review decisions of lower courts and have the power to order that a case be retried
Most appeals, however, are first heard by
one of the other 14 courts of appeal, usually by panels of three judges.
In November 2018, Michelle Slaughter was
elected to Place 8 to replace retiring judge Elsa Alcala (left).
The major trial courts in Texas are
the district courts.
they hear a broad range of civil and criminal cases (felonies, divorces, land disputes, etc.).
General jurisdiction
Each Texas county has a
county judge
Each Texas county presides over
the county commissioners’ court and has responsibilities for county government and over the county court.
jurisdiction in some probate cases and serious misdemeanor criminal offenses
County courts
District courts usually have general jurisdiction; however, in urban counties,
some district courts with specialized jurisdiction hear only civil, criminal, juvenile, or family law matters, while those with general jurisdiction hear felony criminal cases, divorces, land disputes, election contests, and civil lawsuits.
created to address particular crimes or to serve particular populations.
Specialty courts
Among the most common specialty courts in Texas are
veteran courts
Specialty courts focus on
rehabilitation and attempt to address the underlying causes of repeat offenses.
How many specialty courts were there in Texas, in fiscal year 2016?
191
Out of the 191 specialty courts in Texas (2016), what was the percentage of them being drug courts?
43 percent
The creation of these specialty courts is rooted in the fact that there are
many offenders who continually recycle through the system
At least in reference to drug courts, the evidence does show that
specialty courts can be a significant tool in preventing the criminal justice system from being a revolving door for offenders.
Larger counties in Texas have
statutory county courts at law.
Statutory courts at law tend to hear
hear less serious cases, and jurisdiction varies significantly
In the most urban areas, courts known as
statutory probate courts have been created.
Each county in Texas has between one and eight
justice of the peace precincts
are local trial courts with limited jurisdiction over small claims and minor criminal misdemeanors
Justice of the peace courts
specialized courts whose jurisdiction is limited to probate matters (relating to the disposition of property of deceased persons) and guardianship matters
Statutory probate courts
