The Texas Judiciary and Criminal Justice Policy

2. The Texas Judiciary and Criminal Justice Policy

3. Federal v. State System • Texans are subject to both systems • Feds have jurisdiction over federal law violations, federal question matters and diversity case • More than 97% of all court matters are based on state or local laws, so you’re most likely to end up in the state system • Federal courts have applied the Bill of Rights to the states through the 14th Amendment

4. Types of Cases • Typically two – civil and criminal • Civil includes – • Civil lawsuits • Family law cases • Probate • Criminal involves potential punishment for wrongdoer including jail/prison or fines

5. Court Structure in Texas • Five levels of Texas courts – • Supreme Court/Court of Criminal Appeals • Courts of Appeal • District Courts • Constitutional County Court/County Court at Law • Justice Courts/Municipal Courts

6. Jurisdiction • Original – resolution of cases being heard the first time • Appellate – review of decisions of lower courts to determine if law and procedure were properly applied

7. Limited Jurisdiction Courts • “Lowest ranking” • Municipal Courts • Established under state law • Qualifications and selections are usually set by city councils • Criminal and ordinance jurisdiction/fine only • Usually no record made • Appeals are made to County Court or County Court at Law

8. Limited Jurisdiction Courts • Justice of the Peace • Each county has at least one (up to 16) • Elected to four year terms/need not be a lawyer • Civil jurisdiction up to $5000 • Concurrent criminal with municipals • Can sit as small claim • Serves as coroner in rural counties • Can act as magistrate • Elected constable serves each JP precinct

9. County Courts • Each county has constitutional county court presided over by County Judge • Most county judges serve only as CEO of county and do not serve in judicial capacity • Judges required to be “well informed in the law” • Shares civil jurisdiction with JP and district courts ($200-1000) • Criminal with fines up to $4000 and jail of up to one year

10. County Court at Law • Some 200 statutory county courts have been created in more than 70 counties • Some are “specialized” – other are “general jurisdiction” • Judges must be attorneys and are elected county-wide to four year term • Can have unlimited civil jurisdiction, but most are capped at $100,000

11. District Court • Over 400 district courts • Jurisdiction includes • Civil from $500 to infinity • Family • Election contests • Suits involving title to land • Slander/defamation • Some “specialize”

12. District Court • Each county must have one • Some counties share one judge, while large counties have nearly 60 • Many larger counties’ courts specialize in civil, criminal or family

13. Courts of Appeal • Fourteen Courts of Appeal • Geographically located • Hear both civil and criminal appeals • Each court has at least one Chief Justice and two Associate Justices • Elected to six-year terms • Must be at least 35 years of age and have been licensed for at least 10 years • Criminal caseload amounts to 70% of docket • Mostly decide cases in three-judge panels, but en banc hearing can be requested

14. Supreme Court • Probably viewed by most Texans as “highest court” • Has power to coordinate state judicial system through rulemaking power • Licenses attorneys through Board of Law Examiners • Has disciplinary authority over judges through Commission on Judicial Conduct

15. Supreme Court • Made up of one Chief Justice and eight associate justices • Each serves staggered six-year terms • Must be at least 35 years old and have been licensed for 10 years • Cases come to court through Petitions for Review(most are denied) • Can also consider Writs of Mandamus (as can lower courts)

16. Court of Criminal Appeals • Highest criminal court • Made up of Presiding Judge and eight associate judges • Elected statewide and serve staggered six-year terms • Same qualifications as Supremes

17. Court Personnel • District Clerks • Custodians of district court records • County Clerks • Custodian of county court records • Bailiffs • Law officers assigned for order and protection • Court Coordinators • Schedule cases for hearings • Court Reporters • Transcribe court hearings

18. The Beginning of a Criminal Case • Arrested suspects are taken before a magistrate and formally informed of charges against them • Miranda rights are given, but not always required (Don’t believe everything you see on TV)

19. Criminal Cases • Felonies are more serious cases • Heard in district courts • Punishable from 2 years to life and up to $10,000 fine • District attorney (criminal district attorney) prosecute • Case is initiated by grand jury, made up of 12 persons, nine of whom have to agree to indictment (not guilt, but whether case should go to trial). These juries are NOT elitist as mentioned in the book. • Defendant can be true-billed or no-billed

20. Criminal Cases • Capital murder – death by injection or life • Must be specified crime or murder committed during another felony • First degree – 5 to 99 years or life • Second degree – 2 to 20 years • Third degree – 2 to 10 years • State Jail Felony – 2 years at State Jail facility

21. Criminal Cases • Class A and B misdemeanors • Heard in County Courts/County Courts at Law • Punishable by up to one year (Class A) or six months (Class B) in jail and fine of up to $4000 (Class A) or $2000 (Class B) • County Attorney (or criminal DA) prosecute • Case is initiated by the filing of an information, which is a document formally charging a misdemeanor crime

22. Criminal Cases • Defendants can plead not guilty, guilty or nolo contendere (“no contest”) • Defendants elect punishment to be assessed by judge or jury • Plea bargains help system move along • Probation is granted in many cases • Board of Pardons and Paroles can recommend parole or commutation of sentences

23. Jury Trials • Cases are decided by petit juries, which actually hear evidence and render a verdict • Called from voter and DL rolls • 12 person juries in District Court and 6 person juries in CC/CCL • Each side has a number of peremptory challenges (District Court 10/6 and CC/CCLS 3/3) • Persons may also be challenged for “cause”

24. Jury Trials • Unanimous verdicts required in criminal cases but 10/2 or 5/1 in civil cases • Burden of proof in criminal case is beyond a reasonable doubt – burden in civil cases is by a preponderance of evidence

25. Judicial Selection • Vacancies in district courts or above are appointed by governor • CCL vacancies are appointed by Commissioners Courts • Minorities attempted to use Voting Rights Act to mandate “single-member judges” • Many plans have been floated, most notably John Hill’s merit selection plan (Missouri plan)

26. Policy Roles of State Court • Feds have historically been more involved in influencing policy • Sometimes courts enter the fray when the Lege doesn’t act • Edgewood school finance case • In some areas state constitutions are being found to afford more protection than U.S. (Heitman case)

27. Criminal Justice Issues • Key area of concern is representation of indigent criminal defendants • Most of the state uses court-appointed attorneys, though some areas use public defenders • Senate Bill 7 mandated changes in the way attorneys are provided to indigent defendants

28. Criminal Justice Issues • Plea bargaining is NOT pleading to a less serious crime – it may involve that, but it is simply an agreement by the defendant to plead guilty for a certain sentence agreed to with the prosecutor • It is also not necessarily true that defendants represented by appointed counsel plead guilty more readily than those represented by retained counsel

29. Criminal Justice Issues • Texas Department of Criminal Justice operations have changed substantially since Ruiz decision in 70’s • Racial profiling is concern – law enforcement now has to document stops • Jury service can be sacrifice, though not in Brazos County • Any excusing of minorities usually comes at request of the potential juror