Law, Courts, and Justice

1. Law, Courts, and Justice Chapter 25

2. I. An Introduction to Texas’s Justice System

3. The connections between politics and justice results from all judges being elected with partisan identification. • But many judges are first appointed to their position when the former judge retires (or dies) before the next election. • These appointments, as well as elections, are influenced by party affiliation.

4. II. State Law in Texas Texas has one one the largest court systems in the nation, with >3,000 judges, dealing with millions of cases each year.

5. Texas courts deal with… • civil law (def) law concerning non-criminal matters. • Criminal law (def) law concerning felony and misdemeanor offenses, by people against other people and property.

6. Criminal law concerns… • Misdemeanors (def) classified as A, B, or C, they may be punished by fine and/or jail time. • Felonies (def) serious crimes punished by fines or prison confinement.

7. Courts’ Authority… • Jurisdiction (def) authority to hear a particular case. • Original jurisdiction (def) the power of a court to hear a case first. • Appellate jurisdiction (def) a court’s power to review cases after they have been tried in another court.

8. A. Sources of Law • Three sources of law in Texas… i. state statutes ii. the Texas Constitution iii. common law (def) judge-made law, based on tradition and custom. • General and Special Laws of the State of Texas • Vernon’s Annotated Revised Civil Statutes of the State of Texas

9. B. Code Revision • Texas laws were reorganized by topics in 1963. • The Code of Criminal Procedure and the Penal Code are revised from time to time, (1993, 1965, & 1967). • All are found in Vernon’s Statutes

10. III. Courts, Judges, and Lawyers

11. The Texas court system is a very complex system ranging from local courts to the state Supreme Court and the Court of Criminal Appeals. • A court may have exclusive jurisdiction or concurrent jurisdiction. • Check out Table 10.1, page 388, for a list of judges’ salaries and qualifications.

12. A. Local Trial Courts • Local trial courts have limited jurisdiction (municipal and JPs). • These judges serve as magistrates (def) officers of the state. • Municipal Courts • Judges are either elected or appointed. • They hear minor cases (ordinances and Class C).

13. 4. Justice of the Peace Courts • JPs are elected to 4-year terms; no legal training necessary. • They hear minor cases, may perform marriages and may act as coroner. • A constable (def) responsible for serving subpoenas and other papers for a JP.

14. A court of record (def) has a court reporter or a device to record testimony and proceedings • If there is no record, the appealed case is received as a trial de novo (def) a new trial. • Small Claims Courts • Often a JPs responsibility • Court proceedings are much less formal • Claims are < $5,000.

15. B. County Trial Courts county-level courts are courts of record, presided over by a county judge elected for a 4-year term.

16. 1. Constitutional County Courts • Each of the 254 counties has a county judge, who may hear cases and serves on the commissioner’s court. • Most have original, appellate, civil, & criminal jurisdiction and probate. • ¾ of county judges are NOT attorneys. • More serious cases are often moved to a higher-level court.

17. 2. County Courts at Law • Counties with a large population have county courts at law to relieve the county judge’s burden of hearing many cases. <<<<<(Judge Keith Self)

18. 3. Probate Courts • These courts determine the validity of wills and designate guardians over persons and estates.

19. C. State Trial Courts • District and criminal district courts are the chief trial courts in Texas. • Each has a singlejudge, elected for a 4-year term. • The 432 district courts, in Texas were increased to 439 in January, 2007.

20. 1. District Courts • Judges must have legal experience • All criminal jurisdiction is original • The court has original jurisdiction over civil matters, as well. • There are 12 miss-named criminal district courts in Texas • Such courts are in Tarrant, Dallas, and Jefferson counties.

21. 2. Drug Courts • Metropolitan counties must establish drug courts. • In 2005, there were 44 drug courts in Texas. • They have led to much lower re-arrest rates. • Because of the expense the program may end…

22. D. Appeals Courts • Appellate courts include the courts ofappeals,the Supreme Court, and the Court of Criminal Appeals. All judges have 6-year terms. • Each court has 3 or more judges. • Decisions are decided by a majority vote of the judges.

23. 1. Courts of Appeals • There are 14 courts of appeals that hear civil and criminal cases. • Each has a chief justice and 2 to 12 justices, who usually sit in panels of three.

24. 2. Texas Court of Criminal Appeals • Texas’s highest criminal court, with 9 justices. • Only Texas and Okla. have bifurcated (divided court systems). • Justices are all elected in statewide elections to 6-year terms.

25. State Supreme Court • This is the supreme court for all civil law cases. • It issues writs of error; when it agrees to hear a lower court decision. • The Court establishes procedures for lower courts to follow.

26. 4. Disciplining/Removing Judges. • Different forms of discipline include… • Voting them out of office • Trial by jury for misconduct • Impeachment for state court judges

27. The State Commission on Judicial Codes has the power to quickly discipline poor judges, if… • The fail to follow the rules of the Supreme Court • Demonstrate incompetence • Display inappropriate conduct • Violation of the Texas Penal Code • Punishments vary…

28. 5. Lawyers • the Supreme Court and State Bar of Texas regulate lawyers. • The Board of Law Examiners give the state bar exam & issue licenses.

29. b. State Bar of Texas • Texas attorneys must join the State Bar of Texas and pay dues. • The bar is authorized to discipline, suspend, and disbar attorneys.

30. c. Legal Services for the Poor • The State Bar requires all lawyers to donate 50 hours/year for charity legal assistance. • At times, they may collect contingency fees (def) compensation paid from money recovered in a lawsuit. • Another source is www.texaslawhelp.org . • Legal forms may be found on the website.

31. d. Self-Help Legal Software • The state bar has fought self-help books and software. • But in 1999, the legislature authorized their use.

32. IV. Juries Texas has two types of juries: grand juries and trial juries. Grand juries are used for felony indictments; petit (trial) juries are used to determine guilt or innocence and to try civil cases.

33. A. The Grand Jury • (Def) composed of 12 persons with the qualification of trial jurors, a grand jury serves from 3 to 6 months, while it determines if sufficient evidence to indict. • A judge selects 12 jurors from a list from the jury commission and indict requires 9 of 12 members to be in agreement.

34. B. Trial Jury • Petit jury (def) trial jury of 6 to 12 members. • Qualifications of jurors: • Citizen of the US/Texas • 18 years of age or older • Of sound mind • Literate • Neither a convicted felon nor under indictment

35. 3. Reasons for exemptions… • 70 years of age or older • Have legal custody of a child • Enrolled in school or college • Primary caregiver for invalids • Employed by he state legislature • Have had jury service in the past 3 years • A judge may excuse for other reasons

36. 4. Selection of Jurors • Venire (def) a panel of prospective jurors. • List list of prospects comes from the Sec. of State. • Voir dire (def) is the time that attorneys question the prospective jurors. • Attorneys may excuse prospects with peremptory challenge or for cause.

37. Jurors can lot be dismissed because of race or gender. • The first “12” form the venire (impaneled jury); “6” make up a lesser jury.

38. 6. Compensation of Jurors • Pay ranges differs, but the minimum is $6 for the 1st day; $40/day for each additional day. • In 2005, this became the first increase in pay in 50 years!

39. Taylor v. Louisiana (1975) requires a jury to show the cross-section of the community. • This makes the 6th Amendment a reality!

40. V. Judicial Procedures At some time, almost everyone will go to court as a litigant, a witness, or a juror.

41. A. Civil Court System • Civil law (def) refers to matters not covered by criminal law; they include… • Torts • Contracts • Domestic relations • Suits between individuals &/or corporations

42. 2. A plaintiff may receive three types of damages • Economic damages • Non-economic damages • Punitive damages

43. B. Civil Trial Procedure • The Texas Supreme Court makes the Rules of Civil Procedure, which must not conflict with any general law of Texas

44. 1. Pretrial Actions • There is a plaintiff (def) injured party and a defendant (def) party being sued. • The plaintiff files a petition, listing the complaints. • The court issues a citation; and the defendant answers the complaint. • A jury may be used to determine the facts.

45. 2. Trial and Appeal the Case • First the plaintiff and then the defendant presents his/her case. • The judge give the jury special issues (def) questions the jury must answer to establish facts in the case. • The verdict is the jury’s decision • If a jury is used the judge’s only duty is to apply the law. • An appeal goes to one of the 14 appellate courts.

46. C. Criminal Justice System • There are > 1900 crimes that are classified as felonies in Texas • These crime have graded penalties (def) felonies are graded as 1st, 2nd,& 3rd degree. Misdemeanors are graded as A, B, & C. • A two-step procedure is used in a capital felony case (def) a crime punishable by execution or life in prison.

47. Graded penalties • Capital Punishment • Murder becomes a capital felony in certain, extreme cases. • In the 2nd phase of the trial the jury must answer two questions:

48. Is the defendant a future threat to society? • Is there evidence that the defendant received abuse as a child or is mentally retarded? • The minimum sentence is life imprisonment without parole. • The death penalty cannot be used against anyone under 18 or mentally retarded.

49. D. Criminal Trial Procedures • Pretrial Actions • A magistrate must explain to the accused the nature of the charges. • The Defendant is brought to trial on charges found in a grand jury indictment or a bill of information. • Juries must be used in capital felony cases. • Criminal cases often in in a plea bargain (def) accepting a guilty plea to a lesser offense.

50. 2. Trial of a Criminal Case • The prosecution presents its case, followed by defense cross-examination; then it’s the defense’s turn. • After all testimony & evidence is presented the case goes to the jury (or judge).