The Texas Judiciary

1. The Texas Judiciary

2. Criminal Cases • Burden of Proof: legal obligation of one party in a lawsuit to prove its position to a court ---- • In a criminal case, the prosecutor has the burden of proof • Parties in the lawsuit are the litigants • Adversary Proceeding – sides argue

3. Classified according to severity • Misdemeanor – minor criminal offense, traffic violation • Class A misdemeanors are most serious, C are least • Maximum punishment for C is $500 fine • Max for A is $4000 and/or jail term of 1 year Criminal Cases

4. Criminal Cases • Under the Texas Penal Code, misdemeanors range from breaking into a coin-operated machine, to criminal trespass, to calling 911 and remaining silent. • Under the law, some crimes are misdemeanors the first time they are committed, but the person who commits the same crime a second time is charged with a felony offense.

5. A property crime can be charged as a misdemeanor depending on the value of the property taken or damaged. For example, theft is a misdemeanor if the value of the property is under $1500. If the value is $1500 or more, the crime becomes a felony. This is true whether the theft involves tangible property or services. • Other crimes involving property are misdemeanors without regard to the value of the property. Trespassing on another's land is a misdemeanor, as is destroying a flag. Obstructing a highway, disrupting a meeting or a procession, causing a riot, and many forms of gambling are illegal misdemeanors in Texas. Criminal Cases

6. FELONY - more serious crime, like murder, sexual assault, or burglary • Felonies are divided into 5 categories – capital, first, second, third, and fourth-degree • Fourth degree is least serious • Convicted felons may receive 90 years in prison or capital punishment for capital murderers Criminal Cases

7. Plaintiff & Defendant • Plaintiff initiates the suit • Defendant responds • Burden of proof is on the plaintiff, but is not as heavy as in criminal case • Weight of evidence is only slightly in plaintiff’s favor • Property Case - Civil Cases

8. Property Case – civil suit of ownership of real estate or personal possession • Probate Case – civil suit dealing with disposition of property of deceased individual • Domestic Relations case – involves husband & wife, parents & kids, divorce, or custody • Contract Case – ex: faulty roof repair job • Tort Case – involves personal injury, damage to property Civil Cases

9. Municipal Courts – operate in 848 cities, cases involve minor criminal matters – violation of city ordinances, max. fine of $2000, most are traffic cases • Justice of Peace Courts – TX law requires each county to have at least JP court, up to 16 JP courts; have criminal & civil jurisdiction, hear criminal cases with Class C misdemeanor, most are traffic, some game law, also public intoxication, disorderly conduct Texas Courts

10. County Courts – required by TX Constitution, have criminal & civil jurisdiction, can hear Class A & Class B misdemeanors; criminal make up ¾, most common are theft, bad checks, DWI/DUID,; civil disputes between $200 and $5000; probate uncontested wills, appoint guardians, conduct mental health competency • County Courts of Law supplement Constitutional County Courts in urban areas Texas Courts

11. District Courts – 396 in Texas, 60 in Harris County alone, basic trial court of state, hear all felony cases and civil jurisdiction of $200 or more • Civil Cases make around 60% of District Court Cases • Appeals from district court decisions are taken to the courts of appeal, except capital murder cases w/ death penalty • Those cases go directly to the Texas Court of Criminal Appeals Texas Courts

12. Appellate Courts – Texas Court of Criminal Appeals and Texas Supreme Court • Appellate Courts in TX need not hold hearings in every case, often decide after reading legal briefs and reviewing trial court record • Appeals court justices may simply affirm lower court by rejecting the appeal • May affirm, reverse, modify, affirm party , or remand a case to the trial court Texas Courts

13. Appellate Courts – TX has 14 courts of appeals, each serves a court of appeals district • Number of justices in each varies from 3 – 13, depending on workload • 80 justices work in the 14 Appellate Courts • Hear both Civil & Criminal • Majority are criminal cases Texas Courts

14. Texas Court of Criminal Appeals – TX and OK are only 2 states with 2 supreme courts • TX Court of Criminal Appeals is last resort for all criminal cases • Has 9 judges, one presiding and 8 others • All 9 hear a case, decide by majority vote • Usually hear more than 2,000 cases a year, around 40 – 50 death penalty cases • Hears about 7% of cases • Empowered to issue Writ of Habeas Corpus – order requiring officials to show cause why a person is being held in custody Texas Courts

15. Texas Supreme Court – 9 members, one chief justice & 8 associate justices • Civil Court with highest authority • Jurisdiction limited to civil matters • Most cases come from courts of appeal, but can be directly appealed • Empowered to issue writs of mandamus to public officials to fulfill duties • Sets the rules of administration and civil procedure for the state court system • Can approve law schools in the state • Appoints the Board of Law Examiners to administer the bar exam • Has final authority over involuntary retirement or removal of all judges in TX Texas Courts