Government 2306
AlmightyGovernment and Politics in the Lone Star State
Tenth Edition
Chapter 8
The Judicial System in Texas
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Learning Objectives
8.1 Describe the structure of the Texas court system and its position within the constitutional framework of federalism.
8.2 Describe the roles of the participants in the Texas court system and the procedures used in trial and appellate courts.
8.3 Trace the growth of minority and women judges in the Texas judiciary.
8.4 Characterize the judicial controversies in Texas and their impact on public perception of the courts.
8.5 Describe the legal and constitutional rights of suspects, the classes of crimes and punishments in the Texas Penal Code, and the administration of criminal justice in Texas.
8.6 Illustrate the increased policy role of the state courts with examples.
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The Structure of the Texas Court System (1 of 8)
Texas in the Federal Court System
Texans fall under the jurisdiction of state and federal courts.
The Texas courts have taken the lead in protecting many civil and political liberties, e.g., Smith v. Allright (1944).
More than 95 percent of all litigation is based on state laws or local ordinances.
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The Structure of the Texas Court System (2 of 8)
Criminal and Civil Procedure
Penal code: Defines most criminal activities and their punishments
Felonies – most serious criminal offenses
Misdemeanors – more minor offenses
Civil lawsuits: Involve conflicts between two or more parties
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The Structure of the Texas Court System (3 of 8)
First Levels of Courts
Original jurisdiction
First court to hear a case
Appellate jurisdiction
Review decisions made by lower courts
May reverse decisions or order a new trial
Bifurcated court system
Highest level
Texas Supreme Court for civil cases
Texas Court of Criminal Appeals for criminal cases
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The Structure of the Texas Court System (4 of 8)
Municipal and Justice of the Peace Courts
Municipal courts
Judges appointed by city councils
Exclusive jurisdiction of city ordinances
Appeals heard de novo
Justice of the peace courts
Judges elected to four-year terms by precinct.
Original jurisdiction in civil cases under $10,000
Original jurisdiction in fine-only criminal cases
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The Long Arm of the Law
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You or someone you know may very well have had business before a municipal court or a justice of the peace court because these courts handle a lot of traffic violations.
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The Structure of the Texas Court System (5 of 8)
County-Level Courts
Constitutional county courts
Judge is elected countywide and is head of the policymaking body for the county.
Original jurisdiction in small-fine misdemeanors
Statutory county courts
Relieve workload of constitutional county courts
Some specialize in probate.
Judges elected countywide and must be lawyers
Civil dispute jurisdiction varies.
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The Structure of the Texas Court System (6 of 8)
District Courts
Original jurisdiction
Civil cases with $200 or more in damages
Divorces, election disputes, and slander
Title disputes and official misconduct
Felony cases
Elected judges must be at least twenty-five years old and must have practiced law or served as a judge of another court four years prior to taking office.
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The Structure of the Texas Court System (7 of 8)
Courts of Appeals
Intermediate courts of appeals
Fourteen courts, and there are two in Houston.
Hear criminal and civil cases on appeal from the district courts and county-level courts
Required to have one chief justice and two other justices, but legislature can add more
Elected to six-year terms and must be at least thirty-five years old with at least ten years’ experience
Heavy loads somewhat offset by Texas Supreme Court dispersing cases to all appellate courts
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The Structure of the Texas Court System (8 of 8)
Supreme Court and Court of Criminal Appeals
Highest appellate courts
Texas Supreme Court
Decides civil appeals and sets up rules and procedures
Appoints Board of Law Examiners
Disciplinary authority over state judges
Texas Court of Criminal Appeals
Only decides criminal appeals
Elected to six-year staggered terms and must be at least thirty-five years old and have ten years’ experience
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Figure 8-2 Map of Courts of Appeals
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Texas has fourteen intermediate courts of appeals, each covering a number of counties. The First
and Fourteenth courts, based in Houston, cover the same area.
12
The Texas Supreme Court in Session
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An attorney argues his legal points in a hearing of a lawsuit before the Texas Supreme Court. The court sets aside one day a week for attorneys’ arguments in cases it agrees to hear on appeal.
13
Participants and Procedures in the Judicial System (1 of 5)
Texas Judges
High and intermediate judges served on lower courts.
Lower-court judges usually come from private law practice.
A solid majority of the state-level judges are Republicans.
In 2015, Republicans held all nine seats on the Texas Supreme Court and eight of the nine on the Texas Court of Criminal Appeals.
Most Texas judges are white males.
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Participants and Procedures in the Judicial System (2 of 5)
Prosecuting Attorneys and Clerks
County attorneys
Represent the county in court
District attorneys
Represent the state or county in court
County and district clerks
Custodians of court records
Bailiffs help maintain order in court.
Law enforcement officers’ investigations play critical roles in arrest, detention, and investigation of persons accused of crimes.
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Participants and Procedures in the Judicial System (3 of 5)
The Jury Systems
The grand jury
Twelve-member jury is selected by a district judge.
Typically handle felony cases
Determine if sufficient evidence exists to proceed with prosecution
Hear only evidence provided by the prosecution
Nine of twelve jurors must agree to issue an indictment, or true bill.
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Participants and Procedures in the Judicial System (4 of 5)
The Jury Systems
The petit jury
Juries are composed of twelve members in district courts and six members in county courts.
Attorneys screen potential jurors
Peremptory challenge
Challenge for cause
Verdicts
Criminal cases require unanimous decision and proof “beyond a reasonable doubt.”
Civil cases require agreement of ten of twelve jurors in district court and five of six in county court.
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Participants and Procedures in the Judicial System (5 of 5)
Judicial Procedures and Decision Making
Trial courts
Six-person jury
Attorneys allowed peremptory challenges
Unanimous jury verdicts required.
Appellate courts
No jury
Panel of justices decides the case.
Review lower-court proceedings
Legal briefs
Oral arguments
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Changing the Face of the Judiciary (1 of 2)
Minorities
Approximately 80 percent of judges at district court level and higher were white in 2015.
In most states, minorities are underrepresented because:
High cost of campaigns
Polarized voting along ethnic lines
Low voter turnout among minorities
Shortage of minority attorneys
Texas highest courts: Minority judges gained their seats through gubernatorial appointments.
Gov. Mark White appointed the first Hispanic judge, Raul Gonzalez, in 1984 (Texas Supreme Court).
Gov. Bill Clements appointed the first African American judge, Louis Sturns, in 1990 (Court of Criminal Appeals).
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Figure 8-3 Do Texas Judges Represent the State’s Diversity?
SOURCE: U.S. Census Bureau, Texas Office of Court Administration, “Profile of Appellate and Trial Judges,” 2004, 2008, 2012.
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Although minority Texans are increasing their presence in the judiciary, the number of Hispanics and African Americans who are judges is still disproportionately much smaller than their share of the state’s population.
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Changing the Face of the Judiciary (2 of 2)
Women
Sarah T. Hughes (first woman district judge)
Appointed by James V. Allred in 1935
Texas Supreme Court
Ruby Sondock (appointed by Clements in 1982)
Rose Spector (first woman elected in 1992)
Sharon Keller (Court of Criminal Appeals)
First woman elected in 1994
In 2015, six women sat on the two highest courts, and about 300 women served at the county court level or higher.
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Journal 8.3
Why do you think it took until 2001 for the first African American to be seated on the Texas Supreme Court?
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Judicial Controversies and the Search for Solutions (1 of 6)
Judicial Activism
Conservative judges with restraint philosophy
See their role as strict constructionists
Narrowly interpret and apply law
Uphold judicial precedent
Defer to legislatures and not set policy
Liberal judges with activism philosophy
Overturned judicial precedents in 1970s
Legislate (make policy) from the bench
Easier for consumers to win civil cases against businesses
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Judicial Controversies and the Search for Solutions (2 of 6)
Judicial Impropriety
Conflicts of interest
Campaign contributions given to judges by businesses/groups with cases before their court
Pennzoil Co. v. Texaco Inc. (1987)
Increased calls for merit-based appointments for judges
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Judicial Controversies and the Search for Solutions (3 of 6)
Campaign Contributions and Republican Gains
Supreme Court Justice John L. Hill advocated for merit-selection plan.
Businesses give contributions to Republicans.
Growing Republican and conservative control of the Texas Supreme Court
1988 elections (won three seats), 1990 elections (won a fourth seat), and 1994 elections (won a fifth seat)
Held majority of seats on the Texas Supreme Court
First time since Reconstruction
Republicans won three more seats in 1998 elections.
Controlled all nine seats on the Texas Supreme Court
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Judicial Controversies and the Search for Solutions (4 of 6)
Legislative Reaction to Judicial Activism
Tort reform
1987 and 1995 laws
Set limits to punitive damages awarded in personal injury claims
2003 law
Restricted class-action lawsuits and noneconomic damages awarded in medical malpractice suits
2011 law
Plaintiffs who sue and lose must pay court costs and attorney fees for the defendants they sue.
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Judicial Controversies and the Search for Solutions (5 of 6)
Winners and Losers: A New Era of Judicial Activism?
Winners
Doctors, insurance companies, manufacturers, banks, utilities, and other businesses
Losers (won just 36 percent of the time)
Insurance policyholders, injured workers, injured patients, and other individual litigants
Campaign contributions (1995 law)
Judges can receive $30,000 from a law firm and $300,000 from political action committees.
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Judicial Controversies and the Search for Solutions (6 of 6)
Searching for Solutions
Campaign contribution limits
Seek to correct perceptions of influence peddling
Nonpartisan elections
Seek to correct partisan conflict
Merit selection plan and retention elections
Seek to correct perceptions of judicial impropriety
Use of district elections
Seek to correct underrepresentation of minorities
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Figure 8-4 How States Select Their Judges
SOURCE: Data from the American Judicature Society, “Judicial Selection in the States: Appellate and General Jurisdiction Courts.” Updated 2013.
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There is no uniformity in the manner in which states select judges. In an effort to reduce the impact of politics and campaign contributions, many states have moved toward nonpartisan elections or gubernatorial appointments with retention elections. With the exception of municipal judges, Texas selects judges by partisan election. This map shows how states select their appellate judges.
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Crime and Punishment (1 of 5)
Rights of Suspects
Suspect appears before a magistrate.
Charged
Informed of legal rights to remain silent and to attorney
Bond is set.
Plead guilty, not guilty, or nolo contendere
Plea bargaining
Right to trial by jury
Can be waived except in death penalty cases
Mistrial ordered if jury fails to reach a verdict
Verdict must be beyond a reasonable doubt.
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Crime and Punishment (2 of 5)
Punishment of Criminals
Capital cases
Execution is possible.
Felonies
First degree (five years to life in prison)
Second degree, third degree, and state jail felony
Misdemeanors
Class A, Class B, and Class C
Probation (community supervision)
Parole (early release from prison)
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Crime and Punishment (3 of 5)
The Politics of Criminal Justice
The Texas Court of Criminal Appeals must try to balance the constitutional rights of convicts against the public welfare.
Key players of criminal justice politics
Prosecutors, judges of the trial courts, and the police and sheriff’s departments
Defense attorneys, civil libertarians, and minority groups
Death sentences rejected less often in states, like Texas, where high court judges are elected.
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Crime and Punishment (4 of 5)
Slamming the Courthouse Door on a Last-Gasp Appeal
Sharon Keller, the Court of Criminal Appeals’ presiding judge, refused the appeal of a death-row inmate, which resulted in the inmate’s execution.
Twenty prominent lawyers filed a formal complaint against Keller, accusing her of violating the constitutional due process of a condemned man.
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Crime and Punishment (5 of 5)
Criminal Injustices
Miscarriages of justice occur due to sloppy police work, overzealous prosecution, or tragic human mistakes resulting in individuals being sent to prison or death row.
Many miscarriages of justice discovered due to DNA testing
The state offers monetary compensation to the wrongly convicted but has never admitted to executing a wrongly convicted inmate.
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Michael Morton
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Increased Policy Role of the State Courts (1 of 5)
The Courts and Education
Edgewood v. Kirby (1989)
Texas school finance law violated a constitutional requirement for an efficient education system.
Richards v. LULAC (1992)
Ruled that the state’s system of funding higher education was unconstitutional because it shortchanged Hispanics in South Texas; later reversed
Texas Education Agency v. Leeper (1994)
Ruled that Texas parents had the right to educate their own children
By 2015, an estimated 350,000 children were being home-schooled in Texas.
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Increased Policy Role of the State Courts (2 of 5)
The Courts and Environmental Policies
Water rights: In February 2012, the Texas Supreme Court ruled in favor of two farmers.
The farmers appealed water regulations governing how much water they could pump from a well on their own land.
The court held that groundwater is owned by the owner of the property above the water source.
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Increased Policy Role of the State Courts (3 of 5)
The Courts and Environmental Policies
Open beaches: Severance v. Patterson (2010); court ruled that “rolling easement” doesn’t apply after storms
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Increased Policy Role of the State Courts (4 of 5)
The Courts and Abortion Rights
Anti-abortion demonstration restrictions
“Judicial bypass” for parental notification
Upheld (in Charles E. Bell v. Low Income Women of Texas in 2002) state’s refusal to pay for medically needed Medicaid abortions
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Increased Policy Role of the State Courts (5 of 5)
The Courts and Gay Marriage
In 2005, Texas voters approved an amendment to the state constitution to ban the marriage of same-sex couples.
2015 U.S. Supreme Court ruling struck down Texas ban.
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Shared Writing 8.6
Consider the discussion in “Texas Strip Clubs Lose Appeal on Pole Tax.” The Texas legislature enacted the special fee on sexually oriented businesses to raise money for programs for sexual assault victims and for health care. But seven years after the fee was created, clubs had continued to fight the fee in court, and only a limited amount of revenue from the fee had been collected. Why did it take so long to decide this issue?
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Photo Credits
Page 223: Philip Lange/Shutterstock; 226: Bikerider- london/Shutterstock; 228: Racheldonahue/E+/Getty Images; 231: Eric Gay/AP Images; 233: Paul K Buck/AFP/Getty Images; 234: Fuse/Corbis/Getty Images; 238: Library of Congress Prints and Photographs Division [LC-USZ62-120412]; 249: © The Texas Tribune; 253: Library of Congress Prints and Photographs Division [HABS TEX,233-LANG,1–1]
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