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Navigating the Texas Judicial System: A Comprehensive Guide

Discover the complexity of the Texas judicial system, from special courts to jury trials, jurisdictional overlaps, and the role of jurors. Explore the different levels of courts, from rural Justice of the Peace courts to urban Municipal Courts and high-stakes District Courts. Learn about appeals processes, the Court of Appeals, and the Texas Supreme Court. Unravel constitutional questions, civil and criminal cases, and the importance of legal decisions.

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Navigating the Texas Judicial System: A Comprehensive Guide

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Presentation Transcript

  1. The Texas Judicial System

  2. Texas is Special and Especially Confusing • Many types of courts • Special courts • Overlapping jurisdiction • Elected judges

  3. The Most Jury-Happy State in the Nation • 1876 Constitution • You get a jury for everything in Texas • 6 or 12 members

  4. The importance of being a juror • Direct participation in democratic government • Voting • Juror • $40 a day

  5. Taking a Trip Through the Courts • Big flag decal • Rear window • Transportation Code

  6. A Constitutional Question • 1st Amendment right • Political speech vs. • Police Power • Legislative acts • Public safety

  7. Justice of the PeaceRural Areas • “The people’s court” • Judge--need not be a lawyer • You don’t need a lawyer • Fine only • Small claims • No court reporters

  8. Municipal CourtUrban Areas • Like J.P. Courts, but. . . • Judges are lawyers • Court reporters • Only criminal cases

  9. Jury Verdict • Safety over Speech • Guilty

  10. County Court • Mid-level trial courts • Class A & B misdemeanors • Appeal of J.P. & Muni guilty verdicts • Civil cases– $200-10,000

  11. Appeals to County Court • What do you get? • Retrial from J.P. because no record • Appellate review on record from Muni court

  12. Original TrialsCounty Court • DWI, assaults, shoplifting, possession of marijuana, etc. • 6 person jury

  13. District Courts • “Big” cases • Felony crimes • Complex civil cases • Juvenile court

  14. These are really important • 12 person juries • Capital murder trials • Election contests

  15. Recap • 3 levels of trial courts • Low: JP & muni • Mid: County courts • High: District courts

  16. What trial courts have in common • Witnesses • Juries • Umpire judges • Court reporters (except JP)

  17. What do sore losers do? • Go to the court of appeals • 14 intermediate courts of appeals • All across the state • Must have a good legal question • Costs $$ to file, so be certain you have a good argument.

  18. Court of Appeals • 3 judge panels • Review record • Read briefs- very long. • Hear oral arguments, but not often. • Write an opinion- all are online.

  19. Opinion • “The First Amendment guarantees the right of a driver to express his political opinion about his patriotism with a decal on his rear window as long as it does not totally obstruct the driver’s view.”

  20. Is there a higher authority? • Loser in court of appeals • Discretionary review- at “discretion” of the S.C. - Usually if lower courts split, there was a dissent, or new law. • Texas Supreme Court--civil • Court of Criminal Appeals--criminal

  21. Texas Supreme Court • Civil cases only • Includes juvenile cases • 9 members • Statewide election & jurisdiction

  22. Texas Court of Criminal Appeals • Criminal cases only • Death penalty—direct • 9 members • Statewide election & jurisdiction

  23. Common Features • Choose what to hear • Less than 10% • Briefs, oral arguments, written opinions • All 9 judges hear all cases

  24. Decision • “We hold that the driving public’s safety in an unobstructed view out of the front and rear windows of a car is, in this case, more important that the unrestricted expression of political speech by a flag decal.”

  25. Is It Over? Pay the fine? • United States Supreme Court • Federal constitutional questions from state courts • “Bong Hits 4 Jesus” – Morse v. Frederick • 2007; 551 U.S. 393 • 1-2% probability of certiorari

  26. THE END

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