Chapter 9

After reading this chapter, students should be able to  Discuss the judiciary as a political branch of government.  Describe the major players in the judicial system, including the central roles of the attorney general, the bar, and lawyers in the process.  Understand the structure of the Texas Court system from the lowest courts to the two “supreme” courts.  Compare the roles of grand juries and trial juries.  Evaluate major issues in the Texas judiciary, including problems with crime, problems with judicial selection, and issues of equality in the administration of justice. 2

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 American ideal is that of nonpolitical judge, impartial and incorruptible  Judicial decisions are interpretations, choices among competing interests  Judges make laws / constitution in the process of interpretation  Discussion: Are judges a component of the political process? 4

 Judicial election makes the political nature of the job even more obvious  Not all partisan judges agree with others in their party  Ex.: Abortion case 5

 Attorney General—represents the state / agencies in court  Gives advisory opinions on constitutional / statutory issues  Lawyers—must be trained and pass state bar exam  Practicing lawyers—must be members of State Bar of Texas 6

 Discussion: Is the court system in Texas inefficient and disorganized?  Some courts have duplicate jurisdiction  One court may try cases and hear appeals  Not all courts keep official records  System not standardized 7

 Original jurisdiction / original trial court  Concurrent jurisdiction  Appellate jurisdiction  Exclusive jurisdiction  Civil jurisdiction  Criminal jurisdiction 8

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 Established by city charter, ordinance  Judges usually appointed  Exclusive jurisdiction over violations of city ordinances  Minor criminal cases  Concurrent jurisdiction with justice courts  No civil cases; majority of cases traffic 10

 Judges elected, not required to be lawyers  duties are broad, from conducting preliminary hearings to serving as the county’s coroner  Original trial jurisdiction in minor criminal cases, minor civil matters 11

 Established by Texas Constitution  Judges elected, not required to be lawyers  judicial responsibilities and oversees commissioner's court  Original, appellate jurisdiction in criminal and civil cases 12

 Specialized county courts— established by the Legislature  May hear only civil, criminal, probate, or appellate cases—or a combination  Judges must be attorneys 13

 Principal trial courts for the state  Judges elected; attorneys w/ 4 years experience  Varied caseload - felony criminal trials, divorces, civil suits  Some concurrent jurisdiction with county courts on civil issues  Each county must have juvenile court 14

 Intermediate appellate jurisdiction, civil and criminal cases  Consider only written records from trial and oral arguments of counsel  Do not hear death penalty appeals 15

 14 Courts of Appeal  Each with a specific geographical region  Justices elected, 6 year term  Must have 10 years experience  Multi-judge panel, no jury  En banc, panel of 3 16

 One of two high appellate courts  Only criminal matters  Writs of error, writs of habeas corpus  9 elected judges, 6 year term  Normally 3-judge panels  In rare cases, rulings can be appealed to U.S. Supreme Court 17

 One of two high appellate courts  Civil, juvenile appeals  Original jurisdiction limited  Writs of error, writs of mandamus  Other duties  Ex.: judicial removals  Ex.: Law schools, bar exam 18

 Grand juries – determine indictment  Selected by jury commissioners  12 people, set term  Trial juries – determine guilt, innocence  Lower courts – juries of 6  District court – juries of 12 19

 Texas Department of Public Safety  County sheriff’s offices  Local police departments  Coordination / cooperation - sometimes haphazard, sometimes effective 20

 State Bar of Texas grievance committees  Impeachment by legislature  Supreme Court—remove district judges  District court—remove lower court judges 21

 State Commission on Judicial Conduct  Censure, reprimand, removal  Punishment rare 22

 Too much crime, too many criminals  Crime rate moderating  Juvenile offenses high  Courts, prisons overloaded  Community-based treatment programs  Plea bargains  Discussion: what should Texas do about its criminal justice issues? 23

 Balancing independence, accountability 6 Methods Partisan elections (Texas) Nonpartisan elections Legislative appointment Gubernatorial appointment Merit plan Combination 24

 Ideal of impartiality vs. reality  Partisanship may influence rulings  Campaigns privately funded  Appearance of justice “for sale”  Ohio study  JCFA ineffective  Discussion: Should we reform judicial selection in Texas? 25

 Legal representation to indigents unfair?  Texas Bar Foundation study  Reliance on private attorneys— inexperienced, distracted  Discussion: Should Texas move to a system of public defenders? 26

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 Inadequate representation especially problematic in death penalty cases  Analysis by Chuck Lindell found bungled death penalty appeals  “worst lawyers,” “sham review”  DNA analysis has resulted in some releases of those wrongfully convicted 28

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 Convicted of capital murder, sentenced to death  Arson discredited, witness recanted  Stay of execution denied  Executed in