By Loren Miller

MUNICIPAL COURTS Most municipal judges are selected by the city council, some are elected. Most municipal judges are selected by the city council, some are elected. Only 40% have a law degree Only 40% have a law degree 926 cities/1559 judges 926 cities/1559 judges 2012

MUNICIPAL COURTS

TRIAL COURTS Municipal Courts Criminal Cases

JUSTICE OF THE PEACE From 1 to 16 JP courts per county Minor criminal and civil cases (small claims court) Elected in partisan elections for a 4 year term (N = 815) Only 9% have a law degree Other duties may include: conducting marriages acting as coroner issuing warrants 2012

JUSTICE OF THE PEACE

TRIAL COURTS Municipal Courts Criminal Cases Justice of the Peace Criminal & Civil Cases

COUNTY COURTS Class A and B Misdemeanors More “major” ($$) civil cases Hear trial de novo cases Elected in partisan election for a 4 year term

COUNTY JUDGE Must be “well-informed” in the law; fewer than 30% have a law degree Presiding officer on Commissioners Court In rural counties, the county judge also hears cases

COUNTY COURT AT LAW Elected in partisan election for a 4 year term Must be an attorney; 4 years experience Found in “urban” counties 236 judges in 88 counties Urban counties have a county judge as well as county court at law judges 2012

COUNTY COURTS

TRIAL COURTS Municipal Courts Criminal Cases Justice of the Peace Criminal & Civil Cases Constitutional County Cts. Civil & Criminal Cases Trial de novo County Courts at Law Civil & Criminal Cases Trial de novo Less than 1%Less than 5%

DISTRICT COURTS Original jurisdiction in felony cases Original jurisdiction in “major” ($$) civil cases (divorces) Elected in partisan election for a 4 year term (but most receive their initial position by appointment) 456 judges Must have a law degree; 4 years experience 2012

DISTRICT COURT

TRIAL COURTS Municipal Courts Criminal Cases Justice of the Peace Criminal & Civil Cases Constitutional County Cts. Civil & Criminal Cases Trial de novo County Courts at Law Civil & Criminal Cases Trial de novo District Courts Civil & Criminal Cases

Criminal Cases Traffic (County) 6% Assault or Attempted Murder (District) 2% Sex Crimes (District) 1% Property Crimes (District) 8% Felony DWI (District) 1% Other Felony (District) 5% All Misdemeanors (District) 1% DWI or DUID (County) 15% Theft or Worthless Checks (County) 17% Drug Offenses (District and County) Assault (County) 7% 15% Does not include Municipal Court

Total Cases Does not include Municipal Court

Persons Arrested By Age, Sex and Race Sex Male75% Female25% Race White65% Black30% Others 5% Age Under 1819% % % % % 55 and over

14 COURTS OF APPEALS A 3 judge panel will hear each case 80 justices Decisions are based “on the record” Elected in a partisan election for a 6 year term Must be at least 35 years of age and have 10 years experience

APPELLATE COURTS 14 Courts of Appeals Civil & Criminal Cases Appeals from District & County Courts

APPELLATE COURTS

COURT OF CRIMINAL APPEALS Located in Austin Nine judges elected to 6 year overlapping terms in partisan elections Capital punishment--all 9 judges (must hear the case) Other cases--panel of 3 judges (get to pick and choose; 6% chosen and 73% reversed) Final appellate jurisdiction in criminal cases

Incarceration Rates: 2012 Per 100,000 people

Incarceration Rates by Nation 2010 Per 100,000 inhabitants

LIKELIHOOD OF DEATH PENALTY TO BE AFFIRMED Death Penalty

The defendant is on trial for a capital offense and his court appointed attorney sleeps through the trial. Did the defendant receive a fair trial? Video

The judge and the prosecutor are having an affair. The defendant is convicted of murder and sentenced to death? Was this a fair trial?

APPELLATE COURTS Court of Criminal Appeals Criminal Cases 14 Courts of Appeals Civil & Criminal Cases Appeals from District & County Courts Death Sentence Appeals

TEXAS SUPREME COURT Located in Austin Nine judges elected to 6 year overlapping terms in partisan elections Final appellate jurisdiction in civil and probate matters Three judges (minimum) must hear a case

APPELLATE COURTS Court of Criminal Appeals Criminal Cases 14 Courts of Appeals Civil & Criminal Cases Appeals from District & County Courts Death Sentence Appeals Texas Supreme Court Civil Cases

If I asked you to design a criminal justice system and you came up with one like we have in Texas, we’d have to commit you to Austin State Hospital because you’d be in danger to yourself and society. Jim Mattox, Attorney General, 1988

“There is an appearance that the high court’s justice is reserved for the monied, not the many.” Walt Borges, consumer advocate

“Judges in Texas swing the gavel with one hand and take money with the other.” Craig McDonald, Texans for Public Justice

“Our electoral system is deeply flawed because it requires judges to raise large amounts of money. There is a danger in our system that judges will be forced to take too much money from special interests.” Harry Reasoner, partner, Vinson & Elkins law firm

WHAT’S WRONG WITH THE SYSTEM? Partisan elections Ignorant Voters and the impact of name recognition Impact of money in judicial campaigns “If I never took money from a lawyer with a pending case, I probably wouldn’t have any money.” District Court Judge Kathy Stone 83% of the public, 79% of lawyers, and 48% of judges say that campaign contributions significantly influence judicial decisions 1999 Texas Supreme Court Poll

“Judicial campaign strategy is based entirely on experience and name identification.” Anne Whittington, political consultant

SOURCES OF CAMPAIGN FUNDING

“I don’t like the current system. and I’m opposed to all the alternatives.” A district court judge

What are the Alternatives? Partisan Election Alabama, Illinois, Indiana, Kansas, Louisiana, Missouri, New York, Ohio, Pennsylvania, Tennessee, Texas, West Virginia Nonpartisan Election Arkansas, California, Florida, Georgia, Idaho, Indiana, Kentucky, Michigan, Minnesota, Mississippi, Montana, Nevada, North Carolina, North Dakota, Oregon, South Dakota, Utah, Washington, Wisconsin Election by Legislature South Carolina, Virginia Appointment by Governor California, Maine, New Jersey Merit Plan Alaska, Arizona, Colorado, Connecticut, Delaware, Florida, Hawaii, Indiana, Iowa, Kansas, Maryland, Massachusetts, Missouri, Nebraska, New Hampshire, New Mexico, New York, Oklahoma, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Wyoming 2010

“The way Texas elects partisan judges and allows those who practice before them to supply the campaign money will always fuel suspicion that justice is for sale here.. Former Chief Justice Tom Phillips, Texas Supreme Court Video

“Texas has the most expensive judicial races in the world and the most politicized judicial races in the world.” Former Chief Justice Tom Phillips

Citizens expect judges to be: -- competent -- independent (not subject to political pressures) -- responsive (subject to democratic controls) No system guarantees all three.

Tell God the truth, but give the judge money. Russian proverb

May your life be filled with lawyers. Mexican curse