Read chapter 9: "The Judiciary" in your "Governing Texas" book.

Familiarize yourself with the following concepts and answer the questions below.

Court Structure

Texas has a large and complex court structure consisting of a hodgepodge of courts with overlapping jurisdiction. They include:

• Texas Supreme Court, the highest civil court in Texas; consists of nine justices and has final state appellate authority over civil cases
• Texas Court of Criminal Appeals, the highest criminal court in Texas; consists of nine justices and has final state appellate authority over criminal cases
• Courts of appeal, the 14 intermediate-level appellate courts that hear appeals from district and county courts to determine whether the decisions of these lower courts followed legal principles and court procedures
• District courts, the major trial courts in Texas, which usually have general jurisdiction over a broad range of civil and criminal cases
• County courts, which exist in some counties that are presided over by county judges
• Statutory county courts at law, which tend to hear less serious cases than those heard by district courts
• Statutory probate courts, specialized courts whose jurisdiction is limited to probate and guardianship matters
• Justice of the peace courts, which are local trial courts with limited jurisdiction over small claims and very minor criminal misdemeanors
• Municipal courts, which are local trial courts with limited jurisdiction over violations of city ordinances and very minor criminal misdemeanors

The Legal Process

The two main branches of the law are civil law, which involves a dispute, usually between private individuals, over relationships, obligations, and responsibilities, and criminal law, which involves the violation of concepts of right and wrong as defined by criminal statutes.

• In civil law, the plaintiff presents a complaint outlining the harm to the defendant who files an answer in response. Civil cases use a standard called the preponderance of evidence.
• In criminal law, the state alleges a violation of criminal law and is usually represented in court by a prosecutor. Violations of criminal law include felonies and misdemeanors.
• To obtain an indictment, prosecutors will present evidence to a grand jury.
• Although a defendant has the right to trial by jury, he or she may waive that right for a bench trial. In lieu of a verdict, a defendant can accept a plea bargain in return for a lighter sentence.
• The standard of evidence in a criminal case is beyond a reasonable doubt.

Judicial Politics

• Initial Appointment of Judges by the Governor
  • Nearly all judges are elected in partisan elections, but because the governor appoints district and appellate judges to the bench to fill vacancies prior to an election or to fill judgeships on new courts, large percentages of judges initially get on the bench through appointment.
• The Elections Become Highly Partisan
  • Voters in judicial elections typically have very little information about the candidates and will vote based almost entirely because of partisan affiliation.
• Issues Involving the Texas Judiciary and Proposed Reforms
  There have been numerous efforts to reform the Texas judiciary. In general, reformers are concerned with:
  • Changing the system for selecting judges by employing merit selection or retention elections and not judicial elections, which are rife with problems due to campaign funding, low voter information, and partisanship.
  • Increasing minority representation on the bench, since partisan elections seem to make it more difficult for women and minorities to become judges, and the current composition of the courts does not reflect Texas's diversity.
  • Restructuring the Texas judiciary to make it more rational and efficient, with fewer jurisdictions and more accountability.

Issues in the Texas Court System Today

• Civil Cases and Tort Reform
  • Texas courts tend to be more sympathetic to civil defendants, and the legislature has capped damages in certain types of lawsuits.
• The Regulation of the Legal Profession
  • The qualifications for lawyers and repercussions for fraud or misconduct are a perennial issue in the Texas court system.
• Judicial Conduct
  • Judicial conduct is investigated by the State Commission on Judicial Conduct, which relies on complaints from the public, attorneys, and members of the judiciary. Sanctions imposed by the Commission can lead to disciplinary action or removal from office.

1. Texas is unusual in that it has two high courts: one to hear civil cases and one to hear criminal cases. Why do you think Texas has such a system? What are the consequences (good and bad) of having two separate high courts?
2. Accountability and independence can be two competing values in judicial selection. How does the current system in Texas address both of these values?
3. How do other methods of judicial selection, such as the merit selection system, address accountability and independence?
4. Judging from your own experience and the readings, how informed do you think the public is about judicial elections and judicial candidates? What are the consequences of that lack of information? For example, does it make judges more susceptible to influence by campaign contributors?
5. If Texas retains judicial elections, might certain institutional reforms (such as public financing of campaigns) increase judicial independence while still holding judges accountable?
6. Do you think representation on the bench from racial and ethnic minorities matters? Why or why not? What about gender, age, or sexual orientation? Why does diversity matter or not matter for judges?