Chapter 10 – The Judicial Branch (Texas) - Practice Flashcards

Sources of Texas Law

• Texas sources: Constitution, statutes, agency regulations, and common law (judge-made).
• Codes and organization: Legislature codes laws by topic into codes; Special District Local Laws Code (local government laws); Texas Administrative Code for agency regulations.
• Access locations: Texas Legislature Online; Vernon's Annotated Statutes and Codes (Thomson Reuters Westlaw); Office of the Secretary of State; LexisNexis online.
• Common law: found in court decisions; appellate decisions reported in South Western Reporter; online via LexisNexis.

The Judicial Branch: Judicial Legitimacy and Implicit Bias

• Judicial legitimacy: belief that courts have authority to decide and enforce because judges are fair and impartial; procedural justice = fairness of decision-making procedures.
• Implicit bias: unconscious attitudes affecting decisions; can differ from conscious beliefs; training can help identify and diminish bias.
• 2020 actions in Texas:
  • SBOT and Texas Judicial Council responses to implicit bias; some training requirements discussed for judges and optional/ethics training for attorneys.
• Implications: bias training aimed at improving perceived fairness and public confidence in the justice system.

The Justice System in Texas: Participants and Roles

• Major participants: disputing parties, juries, judges, lawyers, court personnel.
• Scale (Texas):
  • About 3{,}300 justices and judges.
  • More than 100{,}000 attorneys.
  • Thousands of jurors annual in civil and criminal trials.
• Constitutional basis: Article V of the Texas Constitution vests judicial power in multiple courts (Supreme Court, Court of Criminal Appeals, Courts of Appeals, District Courts, County Courts, Justice of the Peace, etc.).
• Purpose of procedural rules: assure fair, just, and predictable results.

Court Structure and Jurisdiction (Overview)

• Highest courts (bifurcated):
  • Supreme Court of Texas: civil and juvenile appellate jurisdiction; 9 justices.
  • Court of Criminal Appeals: criminal appellate jurisdiction; 9 judges.
• Courts of Appeals: 14 Courts of Appeals; multiple judges per court; intermediate appellate review.
• State Trial Courts: District Courts (general/special jurisdiction) with original jurisdiction over felonies and major civil matters; County Courts (constitutional and statutory) with limited civil/criminal jurisdiction; Probate Courts (probate/mental health/guardianship).
• Local trial courts: Municipal Courts and Justice of the Peace (JP) courts; handle most Class C misdemeanors and small civil claims; not all are courts of record.
• Jurisdiction basics:
  • Original jurisdiction: authority to hear case first.
  • Appellate jurisdiction: authority to review decisions of lower courts.
  • Exclusive jurisdiction: only one court may hear a type of case.
  • Concurrent jurisdiction: multiple courts may hear a case; plaintiff selects venue.
• Jurisdiction ranges: Civil matters often involve 200 to 20{,}000 (some courts higher); higher civil matters go to district courts.

Local Trial Courts in Texas

• Municipal Courts: city-run; handle Class C misdemeanors within city limits; limited civil jurisdiction; many are not courts of record.
• Justice of the Peace (JP) Courts: handle minor civil and criminal matters; original jurisdiction; some urban JPs are full-time; rural JPs hear fewer cases.
• Court of record status: ~% of municipal courts are courts of record; appeals from non-record courts are de novo at the county level; record courts appeal on the record.
• Key counts:
  • ~801 Justice Courts; ~945 Municipal Courts (numbers approximate).
• JP duties beyond court: ex officio notary public; some serve as coroner when no county medical examiner named.

County and District Courts; Appellate Structure

• Constitutional County Courts: county-wide jurisdiction; original civil 200$–20{,}000; exclusive misdemeanor jurisdiction over heavier fines/jail; probate and guardianship in some matters; many counties lack attorneys on the bench.
• Statutory County Courts (County Courts-at-Law) and Probate Courts: created by statute; assist larger populations; generally handle misdemeanors and civil disputes in specified dollar ranges; probate matters in some counties.
• District Courts: general/state trial courts; hear most civil and criminal cases; most felony cases originate here; juries in civil matters typically serve as juries for larger disputes; district courts handle divorce, land titles, elections, defamation, etc.
• District Courts have exclusive original civil jurisdiction over certain matters; they also share original civil jurisdiction with lower courts in some dollar ranges; jury rules follow district court standards.

Appellate Courts and the Highest Courts

• Courts of Appeals: 14 districts; three or more judges per court; hear civil and criminal appeals from district and county courts.
• Supreme Court of Texas (civil): final civil appellate authority; establishes civil procedural rules; may transfer cases to equalize workloads; handles petitions for review (discretionary).
• Court of Criminal Appeals (criminal): final criminal appellate authority; handles automatic direct appeals in death penalty/DNA cases; petitions for discretionary review exist.
• Bifurcated system: Texans maintain separate civil and criminal appellate paths; as of now, no unified single court for all appeals.

Specialty Courts and ADR

• Specialty courts: more than 250 nationwide in Texas; designed for specific populations or problems (e.g., Drug Courts, Child Protection Courts, Veterans' Treatment Courts, Mental Health Courts, DWI Court, etc.).
• Goals: efficiency and therapeutic outcomes; some cases aim to enable faster permanency for families or offender rehabilitation.
• ADR (Alternative Dispute Resolution): mediation/arbitration to settle disputes outside trial; many counties encourage ADR to reduce court workload and costs.
• Collaborative divorce: nonadversarial process; if litigation occurs, attorneys must resign; violence prevention considerations apply when involved.

Selecting and Disciplining Judges

• Judicial selection in Texas: partisan elections for most judges (municipal judges exempt); one of only a few states to elect all judges this way.
• Commission on Judicial Selection debated as possible reform; no final plan adopted.
• Missouri Plan and appointment-retention variants discussed as alternatives to pure partisan elections.
• The State Commission on Judicial Conduct (SCJC): 13 members (6 judges, 2 attorneys, 5 private citizens).
• Discipline: investigations can result in private/public reprimands, training, or removal; removal decisions go to a Special Court of Review; appeals to Texas Supreme Court.
• Social media and ethics: judges must maintain professional communications; misuse of social media can lead to sanctions.

Attorneys and Legal Services in Texas

• State Bar of Texas (SBOT): licensing, regulation, ethical standards, continuing legal education.
• Lawyers: ~105,000 licensed; SBOT oversees discipline; accreditation for law schools is ABA-based; nine Texas law schools accredited.
• Access to justice: indigent defense funded by counties (majority of costs); Texas Indigent Defense Commission oversees statewide policies; Legal Aid and Legal Services provided through groups like Legal Services Corporation; Texas Access to Justice Foundation funds pro bono and low-cost services; NOVA program for inactive lawyers; about 90% of applicants denied due to resources.
• Diversity and education: increasing gender and minority representation in law schools and practice; new law schools and accrediting changes ongoing.

Juries and Jury Service

• Juries: two types – grand juries (indictments for felonies) and trial juries (petit juries) for civil/criminal trials.
• Grand jury: 12 jurors + 4 alternates; life ~3 months; true bill vs no bill; secrecy of proceedings.
• Petit jury: typically 6 or 12 jurors; voir dire to identify bias; peremptory challenges (up to 15 per side, no race-based exclusions); for-cause challenges unlimited; unanimous verdict required in criminal cases; civil juries decide on the facts via special issues.
• Jury pay: varies by county; state reimburses for some days; pandemics prompted remote/altered jury processes; remote trials and remote deliberations used during COVID-19.

Civil Case Procedures (LO 10.3)

• Civil law focuses on non-criminal disputes (torts, contracts, family law, etc.).
• Pleadings: petition filed by plaintiff; citation issued; defendant must answer.
• Service of citation: in person, certified mail, or alternative methods (including email/social media in some cases).
• Discovery: gathering information (documents, witness statements, depotions, etc.); includes electronic communications and social media.
• Frivolous suits and vexatious litigants: possible sanctions; online vexatious litigant lists maintained by the Office of Court Administration.
• Trial options: jury trial or bench trial; jury verdicts and judgments; appeals route: county/district court → court of appeals → Texas Supreme Court (in certain civil matters).
• Special issues: jury answers to specific questions determine the verdict in civil cases; if not unanimous by required margin, hung jury.

Criminal Case Procedures (LO 10.4)

• Criminal justice framework: rights against self-incrimination, right to counsel, and rights to fair interrogation under the U.S. and Texas constitutions.
• Appointment of counsel for indigents; counties fund a large portion of indigent defense; Texas Indigent Defense Commission oversees statewide standards.
• Plea bargaining: common method to resolve cases; defendant may plead guilty in exchange for lighter sentences or other concessions.
• Trial options: jury trial or judge (bench) trial; right to trial by jury in all criminal cases except some capital cases where the jury’s punishment is determined; capital murder cases often escalate to the Court of Criminal Appeals on appeals.
• Trial sequence: indictment/information, plea, prosecution presents evidence, defense cross-examines; after both sides present, judge charges the jury; final arguments; jury deliberates and returns a verdict; if guilty, sentencing occurs (jury may determine punishment in some cases).
• Appeals: most criminal appeals go to the Court of Appeals; death penalty/dna cases have direct appeal to the Court of Criminal Appeals.

Key Terms and Quick References

• jurist terms to know:
  • original jurisdiction, appellate jurisdiction, exclusive/concurrent jurisdiction, court of record, voir dire, voir dire, verdict, judgment, special issues, ADR, bifurcated, Missouri Plan, investment in longevity-based salaries, venue, venire, etc.
• Quick recall cues:
  • Texas Supreme Court handles civil matters; Court of Criminal Appeals handles criminal matters.
  • Grand jury = investigate for indictment; Petit (trial) jury = decide guilt/innocence; unanimous verdict required in criminal cases.
  • Civil cases use petition, service, answer, discovery, jury verdict via special issues; criminal cases use indictment/information, rights to counsel, plea bargaining.
  • Courts of record vs non-record affect appeal method (appeal de novo vs record on appeal).

Learning Checks (Recap Points)

• Civil vs Criminal: Civil law covers non-criminal disputes; criminal law covers offenses against society.
• The Texas court system is bifurcated at the highest level (civil vs criminal) with corresponding supreme/appeals bodies.
• Juries play a central role in both civil and criminal trials; grand juries determine whether to indict; petit juries determine factual questions in trials.
• Implicit bias and procedural justice influence perceived legitimacy of the judiciary; training and transparency are ongoing concerns.

Quick References to Structures and Numbers (for quick recall)

• Courts and numbers:
  • Supreme Court of Texas: Civil jurisdiction; 9 justices.
  • Court of Criminal Appeals: Criminal jurisdiction; 9 judges.
  • Courts of Appeals: 14 districts; 80+ justices.
  • District Courts: General trial courts; original jurisdiction in felonies; civil matters; varies by county.
  • Constitutional County Courts: Original civil 200–20{,}000$$; exclusive misdemeanor jurisdiction over higher fines.
  • Statutory County Courts (County Courts-at-Law): Many urban counties; handle misdemeanors and limited civil cases.
  • Municipal Courts and JP Courts: Local trial courts; Class C misdemeanors; small civil claims; appeals may go to county level.
  • Specialty Courts: 251 total; types include Child Protection Courts, Drug Courts, Veterans’ Courts, Mental Health Courts, etc.; goal is efficiency and/or therapeutic outcomes.
  • Juries: Grand (12 + 4 alternates) and Petit (6 or 12); unanimous criminal verdicts; voir dire used to screen jurors.
  • ADR: Encouraged in many counties to reduce trial load and costs.