GOV 2 Ch9 Texas Judiciary

Legal Process  

Civil Law and Criminal Law 

Civil law:

disputes between private individuals over relationships, obligations, and responsibility  

• Remedy = compensation  

Criminal law:

regulates conduct of individuals, defines crimes, and specifies punishment for criminal acts  

• Guilty = loss of liberty or life  

Civil Law  

• Complaint

presentation of grievance by a plaintiff in a civil case  

Civil Law Answer

presentation of a defendant's defense against an allegation  

Civil Law  Contingent fee:

paid to the lawyer in a civil case that is contingent on winning the case  

Criminal Law represented?

State alleges violation and is represented by a prosecutor  

Criminal Law Felony

serious criminal offense, punishable by prison sentence for fine; capital sentences could lead to death  

Criminal Law Misdemeanor

minor criminal offense, punishable by fine or jail sentence  

• Court appointed lawyers may represent low-income defendants  

• Criminal attorneys do not work on contingent fee basis  

Criminal Law Grand Jury:

determine whether sufficient evidence is available to justify a trial. Do not rule of guilt or innocence  

Criminal Law Indictments

written statement issued by grand jury that charges suspect with a crime and states a trial is warranted  

• 12 people + 2 alternates  

• 2-6 months  

• Selected at random from pool of qualified citizens  

Criminal Law Bench trial:

held without a jury and before only a judge  

Criminal Law Plea bargain:

negotiated agreement in a criminal case; agree to plead guilty in exchange for a lesser charge or sentence  

TX Supreme Court: structure

highest civil court in TX; final appellate authority over civil cases  

TX Supreme Court:

• 9 justices; 6-year term, 3 elected every 2 years  

• $168,000/year +$2500 for Chief Justice  

• Civil cases only  

• Minimal requirements  

  • US Citizen  

  • Resident of TX  

  • 35 years or older (under 75)  

  • Practicing lawyer or judge for at least 10 years  

TX Court of Criminal Appeals:

highest criminal court in TX; final appellate authority over criminal cases  

• 9 justices (same qualifications' pay as TX Supreme Court)  

• Jurisdiction over automatic appeals in death penalty cases (initial appeals heard by one of the 14 courts of appeal in TX)  

Court Structure: Court of Appeals  

intermediate-level appellate courts; determine whether decisions of lower courts followed legal principles and court procedures correctly  

• Fourteen court of appeals

• Hear appeals from district and county courts  

• Appellate jurisdiction  

• Criminal and civil jurisdiction  

• Located across the state  

• most heard by 3-judge panels  

• Same requirements for justices as higher courts  

Court Structure: District Courts  

major trial courts in TX  

• General jurisdiction: hear broad range of civil/criminal cases (felonies, divorces, land disputes, etc)  

• Each county has least 1; rural parts of the state several counties may have one court  

Court Structure: Specialty Courts (same level as district courts)  

created to address particular crimes or populations 

• Focus on resolving problems such as alcohol and drug abuse, prostitution, and other recurring criminal behaviors. Most have plans that must be completed  

• Veteran's' courts – help develops individualized treatment plans for veterans  

• DWI Courts – abuse alcohol and drive  

• Drug courts  

  • Rehabilitation  

  • Court-mandated programs lower recidivism 

County judge: 

presides over county commissioners' court, responsibilities also include administration of county government  

County courts:

jurisdiction over both criminal and civil cases as well as authority to hear appeals from municipal courts or from justice of the peace courts  

Statutory county courts at law:

hear less serious criminal cases; jurisdiction varies; smaller claims  

Statutory probate courts:

specialized courts; urban areas; jurisdiction limited to probate and guardianship matters 

Justice of the peace courts:

local trial courts with limited jurisdiction over small claims and minor criminal misdemeanors  

• Class C misdemeanors – often traffic offenses, civil matters, etc.  

• May issue search and arrest warrants  

• Are not required to be lawyers (10% are)  

Municipal Courts  

local trial courts with limited jurisdiction over violations of city ordinances and minor criminal misdemeanors  

• Judges may issue search and arrest warrants, but have limited civil jurisdiction  

• Function as traffic courts  

• Class C misdemeanors  

Ordinance:

regulation enacted by a city government  

Judicial Politics  

• Elected judges

= less freedom from politics  

• Mindful of public opinion  

• Fear reprisal at polls  

• Special interests play a role  

Judicial Politics  

• Appointment by Governor  

Large % of judges are appointed to fill vacancies; controversial  

Judicial Politics  

• Partisan elections  

• Before 1978, Democratic Primaries only mattered  

• 1978 William Clements (R) - appointed Republicans to the bench, some won election  

• 1980s – competition for judicial races -> expensive elections  

• Low visibility elections (TX ads important)  

• $$ and special interests  

Proposed Reforms of TX Judiciary   (4 parts)

1. Changing the system of selecting judges  

2. Judicial campaign finance reform  

3. Increasing representation of people of color  

4. Restructuring the judiciary to make it more efficient  

Changing the system of selecting judges  Straight – ticket

vote can remove judges due to party affiliation  

Judicial campaign finance reform  (fairness act)

Judicial campaign fairness act: places limits on judicial campaign contributions  

• TX is only state that has this  

• $5,000/election - individual; $30,000/election - law firms  

Changing the system of selecting judges  

• Voters are unaware of judicial candidates  

  • Party labels -> cues  

  • Difficult to be informed  

• Nonpartisan elections – no party label  

• Appointment by Executive or Legislature  

• Merit selection  

  • Commission solicits interests in a vacant seat and screens candidates  

  • Commission recommends 3-5 people to Governor; the Governor appoints 1 and Senate confirms 

  • After 1 year, judge runs unopposed in a retention election  

  • Ensures competency  

• Straight – ticket vote can remove judges due to party affiliation  

• 2018 commission on judicial reform  

Judicial campaign finance reform  

• Special interest donations -> integrity of judicial system  

• 1^st million for Supreme Court positions  

• Less competitive races today (primary battles determine winners)  

• Intermediate appellate courts – competitive  

• Judicial campaign fairness act: places limits on judicial campaign contributions  

  • TX is only state that has this  

  • $5,000/election - individual; $30,000/election - law firms  

Issues in TX Court System Today Civil Forfeiture  

was designed to allow law enforcement to confiscate property that was obtained by or to be used for illicit purposes, usually drug geals  

• Proceeds go to law enforcement  

• Unlike criminal forfeiture, which requires that a person be convicted of a crime before the property is confiscated  

• Guilt or innocence is irrelevant; lawsuit is against the property  

Civil forfeiture Clear and convincing evidence

• HB 1441 – would have changed burden of proof in civil forfeiture cases so that the state would have to prove by clear and convincing evidence that the property owner was not an innocent party (bill failed in Senate)  

 

Regulation of the legal profession

Lawyers must join State Bar of Texas and be "learned in the law" (TX Constitution)  

• Must be licensed  

• Generally necessary to complete at JD at a law school  

Regulation of the Legal profession  State bar of Texas  

• Professional organization  

• Government agency that enforces ethical standards  

• Can discipline lawyers for criminal behavior, failure to keep a client informed, not paying out funds from a settlement, illegal efforts to generate litigation, etc.  

Judicial Conduct  State commission on Judicial Conduct

• investigates misconduct and disability and disciplines judges  

  • 13 members, 6-year terms 

  • Complaints from public, attorneys, judiciary 

  • Decision-making is not transparent  

• Only mechanism for regulating conduct (besides impeachment)  

• Private sanctions can occur  

• Example: Judge Keller – refused to keep clerk's office open in 2007 past 5pm to receive an appeal from a death row inmate, he was executed as a result that evening, Keller was warned from State Commission , she successful won her litigation  

Judiciary and Future of Texas  

• Partisan elections can be problematic  

• Down ballot races are more unknown  

• Reforms are needed