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
Unlike any other judges in Texas except for the county judges (who are usually administrators), most justices of the peace lack
legal credentials
In each of the incorporated cities of Texas, the legislature has created
municipal courts
Municipal courts have jurisdiction over
violations of city ordinances
Municipal judges may issue
search and arrest warrants, but they have only limited civil jurisdiction.
Municipal courts function primarily as
traffic courts
a regulation enacted by a city government in each of Texas’s incorporated cities and towns
ordinance
deals with disputes between private individuals.
Civil law
The remedy in a civil lawsuit is often for
the offending party to pay compensation to the injured party.
involves the violation of criminal statutes.
Criminal law
If guilty, punishment can involve
the loss of liberty or life
Recall that the Texas Supreme Court deals with
matters of civil law
and the Texas Court of Criminal Appeals deals with
matters of criminal law
In civil law an aggrieved person files a complaint against
the person accused of causing harm.
In civil law the defendant will file an answer explaining
why the allegations are not valid.
In civil law the aggrieved person may be able to obtain
the services of a lawyer on a contingent fee basis.
In civil law the standard of proof the plaintiff must meet is
the preponderance of the evidence.
a fee paid to the lawyer in a civil case that is contingent on winning the case
Contingent fee
the plaintiff must show that the defendant is more likely than not the cause of the harm suffered by the plaintiff
Preponderance of the evidence
What cases are time consuming and expensive?
civil cases
It is increasingly common to try to negotiate a settlement through
mediation or arbitration
the parties agree to present their case to a decision maker and to be bound by the decision
Arbitration
the parties try to reach a compromise resolution without going to trial.
Mediation
Mediation is especially popular because
parties are not forced into a particular decision, as they would be with arbitration
Mediation and arbitration
are methods of resolving disputes without the cost (and risk) of going to trial
In criminal cases the state alleges a violation of criminal law and is represented by a
prosecutor
In criminal cases most criminal defendants are found
guilty
In criminal cases indigent criminal defendants are commonly represented by
court-appointed lawyers
Some issues in criminal cases consists of
quality, time, and money
What is a capital case?
a case in which the death penalty is a possible punishment
In case of a ________ prior to the trial there will be an indictment by a grand jury.
serious criminal offence, or felony, and of lesser offenses known as misdemeanors
How many people does the grand jury consists of?
12
What does the grand jury use to determine whether they can justify a trial?
sufficient evidence
If jurors decide a trial is warranted, they will issue an
indictment
What is an indictment?
a written statement issued by a grand jury that charges a suspect with a crime and states that a trial is warranted
An indictment is also known as a
true bill
.” If a grand jury does not believe a trial is warranted, the jury
issues a “no bill” decision
The suspect in a criminal case has the right to trial by jury but may waive that right and undergo a
bench trial before the judge only
Often, a suspect will engage in a
a plea bargain
How many members do felony juries have?
12
How many members do misdemeanor juries have?
6
The verdict must be
unanimous
With criminal cases, the evidentiary threshold is
beyond a reasonable doubt
What is a plea bargain?
a negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for the state’s agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing
If the defendant is found guilty
a separate hearing is held for sentencing
The defendant may also appeal a
verdict
An appeal may allege, for example,
a trial error that effected the outcome
. In rare cases, a prosecutor may also
appeal
Elections are _____ in Texas judiciary.
partisan
Often, trial lawyers back Democratic judges, who are more likely to lean
liberal, or pro-plaintiff
Civil defense lawyers may back Republican judges, who are more likely to be
conservative, or pro-defendant
Prosecutors’ offices can be
political
Civil defense lawyers will often align themselves with
business and professional groups to support particular judges
One difference between the campaigns of civil court judges and the campaigns of criminal court judges is
the amount of money involved
A candidate for the Texas Supreme Court may raise around _____ for a campaign.
$100,000
The difference between the campaigns of civil court judges and criminal court judges has much to do with the relatively
low incomes of criminal defense lawyers and prosecutors
races for the Texas Supreme Court, which deals with civil cases rather than criminal cases, garner more
attention from those with money to contribute
The initial appointment of judges comes from the
governor
A large percentage of judges initially get on the ____ through appointment.
bench
Currently, about ____ of appellate judges and _____ of trial judges initially gained the bench through appointment.
55 percent ; 37 percent
