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 1 st Amendment right –Political speech vs. Police Power –Legislative acts –Public safety

7. Justice of the Peace Rural 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 Court Urban 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 Trials County 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