1. The Judiciary Chapter 9

2. LEARNING OBJECTIVES LO 9.1 Describe the differences between criminal and civil cases and between original and appellate jurisdiction. LO 9.2 Explain how the courts are organized in Texas and identify the jurisdiction of each major court. LO 9.3 Understand the role of grand juries and trial juries and analyze the responsibilities of citizens in the Texas legal system. LO 9.4 Compare and evaluate the most common methods of judicial selection in the United States and in Texas. LO 9.5 Apply what you have learned about the Texas Judiciary. Copyright © 2016 Cengage Learning. All rights reserved. 2

3. LEGAL CASES AND JURISDICTION Civil and Criminal Cases Civil cases Deal primarily with individual or property rights Plaintiff often a private party One of the most important distinctions between civil and criminal cases is burden of proof Burden of proof for civil cases based on preponderance of evidence Remedy is relief from, or compensation for, violation of legal rights Copyright © 2016 Cengage Learning. All rights reserved. 3

4. LEGAL CASES AND JURISDICTION Civil and Criminal Cases Some examples of civil cases Personal injury case Medical malpractice Divorce case Breach-of-contract case A challenge to utility rates Copyright © 2016 Cengage Learning. All rights reserved. 4

5. LEGAL CASES AND JURISDICTION Civil and Criminal Cases (cont.) Criminal cases Involve a violation of penal law Tougher rules of procedure to balance or weigh the evidence Government has burden of proof Prosecution must provide sufficient evidence to prove guilt beyond reasonable doubt Remedy is punishment by fine, imprisonment, or both Copyright © 2016 Cengage Learning. All rights reserved. 5

6. LEGAL CASES AND JURISDICTION Civil and Criminal Cases (cont.) Some examples of criminal cases Rape Jaywalking Embezzlement Arson Burglary Homicide Copyright © 2016 Cengage Learning. All rights reserved. 6

7. LEGAL CASES AND JURISDICTION Original and Appellate Jurisdiction Original jurisdiction Power to try a case being heard for the first time Judge oversees procedure Jury evaluates the evidence Original jurisdiction of a court involves the viewing of material evidence the examination of evidence to determine guilt in criminal cases or responsibility in civil cases a trial that involves the determination of fact and the application of law Copyright © 2016 Cengage Learning. All rights reserved. 7

8. LEGAL CASES AND JURISDICTION Original and Appellate Jurisdiction Appellate Jurisdiction Power to review lower court decisions Does not involve new trial Review of law as applied in the original court. Proceedings based on law, not fact Copyright © 2016 Cengage Learning. All rights reserved. 8

9. Copyright © 2016 Cengage Learning. All rights reserved. COURT STRUCTURE OF TEXAS 9 How could the Texas court structure be simplified?

10. Copyright © 2016 Cengage Learning. All rights reserved. JUDICIAL QUALIFICATIONS AND SELECTION IN TEXAS 10

11. COURT ORGANIZATION Municipal Courts Included in a city’s charter Exclusive jurisdiction to try violations of city ordinances Handles minor violations of state law (class c misdemeanors) Punishment: a fine of $500 or less and no jail sentence Copyright © 2016 Cengage Learning. All rights reserved. 11

12. COURT ORGANIZATION Municipal Courts No civil cases The vast majority of cases heard by municipal courts involve traffic and parking violations. City governments authorized by the state legislature to determine whether their municipal courts are courts of record. Copyright © 2016 Cengage Learning. All rights reserved. 12

13. COURT ORGANIZATION Justice of the Peace Courts Authorized by the Texas Constitution. Have jurisdiction over: Criminal cases where the fine is less than $500 Overlap with municipal courts Civil cases where dispute involves less than $10,000 May issue warrants for search and arrest Copyright © 2016 Cengage Learning. All rights reserved. 13

14. COURT ORGANIZATION Justices of the Peace Qualifications and objectivity Judges elected to 4-year term, not required to be lawyers Duties are broad, from conducting preliminary hearings to serving as the county’s coroner and performing marriages Copyright © 2016 Cengage Learning. All rights reserved. 14

15. COURT ORGANIZATION Justices of the Peace Public confidence in justice of the peace courts is low. Defenders traditionally refer to the justice courts as the people’s court and maintain that elimination of the justice courts would remove the close contact many treasure. Copyright © 2016 Cengage Learning. All rights reserved. 15

16. COURT ORGANIZATION County Courts Each of 254 Texas counties has county court County judge elected for a four-year term Law license not required! Must be well informed in the law of the state. Handles probate and civil matters where the dispute is between $200 and $10,000 Handles criminal matters for serious misdemeanors where punishment is a fine greater than $500 or jail time less than 1 year Copyright © 2016 Cengage Learning. All rights reserved. 16

17. COURT ORGANIZATION County Courts Because the constitutional county judge also has administrative responsibilities as presiding officer of the commissioners’ court (the governing body for Texas counties and not a judicial entity at all), he or she may have little time to handle judicial matters. Copyright © 2016 Cengage Learning. All rights reserved. 17

18. COURT ORGANIZATION District Courts Chief trial courts of the state Currently, there are 456 _district courts, all of which function as single-judge courts. Jurisdiction Felony cases Civil cases in which matter exceeds $200 Juvenile cases No traffic cases Heavy caseload results in plea bargaining 18

19. COURT ORGANIZATION District Courts Heavy caseload results in plea bargaining Plea Bargaining: A situation in which the prosecutor and defense attorney negotiate an agreement whereby the accused pleads guilty to a less serious crime than originally charged or in return for a reduction in the sentence to be served. 19

20. COURT ORGANIZATION District Courts Judicial Qualifications Must be at least 25 years of age Must be a resident of the district for two years Must be a citizen and resident of Texas Must be a licensed practicing lawyer or judge for four years Copyright © 2016 Cengage Learning. All rights reserved. 20

21. DISTRICT COURTS: CATEGORIES OF CASES DISPOSED, YEAR ENDING AUGUST 31, 2013 Copyright © 2016 Cengage Learning. All rights reserved. 21

22. COURT ORGANIZATION Courts of Appeals Fourteen courts of appeals Hear appeals for both civil and criminal cases Only a small percentage of trial court cases are appealed Copyright © 2016 Cengage Learning. All rights reserved. 22

23. COURT ORGANIZATION Courts of Appeals Judicial Qualifications Must be a licensed attorney Must be at least 35 years of age Must have a minimum of 10 years experience as a lawyer or judge Elected from their districts for six-year terms Not required to live in district to be elected Copyright © 2016 Cengage Learning. All rights reserved. 23

24. Copyright © 2016 Cengage Learning. All rights reserved. APPEALS COURT DISTRICTS (MAP WITH TABLE) 24 How does appellate jurisdiction differ from original jurisdiction?

25. COURT ORGANIZATION Court of Criminal Appeals Dual system of courts of last resort Texas Supreme Court (Civil and Juvenile) Texas Court of Criminal Appeals One presiding judge and eight others Copyright © 2016 Cengage Learning. All rights reserved. 25

26. COURT ORGANIZATION Court of Criminal Appeals Exclusive jurisdiction over automatic appeals in death penalty cases As of May 2014, the state had executed 515 people since 1982 Some of the individuals executed during this period of time were juveniles at the time of the crime Copyright © 2016 Cengage Learning. All rights reserved. 26

27. COURT ORGANIZATION Supreme Court Final court of appeals in civil and juvenile cases Has original jurisdiction over Issuance of writs Conduct of proceedings for the involuntary retirement or removal of judges Has power to establish rules for administration of justice Makes rules that govern the licensing of members of the state bar No involvement in death penalty cases Majority of cases reach court via petition for review Copyright © 2016 Cengage Learning. All rights reserved. 27

28. COURT ORGANIZATION Supreme Court (cont.) One chief justice & eight associate justices Elected for six-year terms Policymaking role Edgewood v. Kirby: The Texas Supreme Court unanimously declared that the huge disparities between rich and poor school districts were unacceptable and ordered changes in the financing of Texas’s public schools? Copyright © 2016 Cengage Learning. All rights reserved. 28

29. COURT ORGANIZATION Grand Jury Determines whether there is sufficient evidence to bring the accused to trial 12 members Indictment True bill No bill Vote of all 12 grand jurors not needed to indict Information Alternative to indictment Used for minor offenses 29

30. COURT ORGANIZATION Grand Jury At times, a grand jury may return indictments simply because the district attorney asks for them. Grand juries return true bills in about 95 percent of the situations brought before them. Some grand juries, known as “runaway” grand juries, may consider matters independent of the district attorney’s recommendation. Copyright © 2016 Cengage Learning. All rights reserved. 30

31. COURT ORGANIZATION Grand Jury The accused is not allowed to have an attorney in the room during questioning. Copyright © 2016 Cengage Learning. All rights reserved. 31

32. COURT ORGANIZATION Petit (Trial) Jury A jury in a criminal or civil trial In criminal cases right guaranteed by the Texas Constitution and the 6 th Amendment to the U.S. Constitution County courts have six-person juries District courts have twelve-person juries 32

33. COURT ORGANIZATION Petit (Trial) Jury Selection of jury panel Challenge for cause Preemptory challenge When a jury is unable to agree on a verdict after a suitable period of deliberation it is said to be a hung jury. A second prosecution for the same offense after acquittal in the first trial is known as double jeopardy. 33

34. SELECTION OF JUDGES Selection of Judges Appointment (governor or legislature) Merit (or Missouri) plan Elections Partisan (used by Texas) Nonpartisan Most states use the merit system Copyright © 2016 Cengage Learning. All rights reserved. 34 What are the advantages and disadvantages of selecting judges through partisan elections?

35. STATE-BY-STATE SELECTION OF SUPREME COURT JUSTICES Copyright © 2016 Cengage Learning. All rights reserved. 35

36. SELECTION OF JUDGES Criticism of Judicial Selection in Texas Voter knowledge Citizens vote for the party without knowing whose running Partisanship Too much advantage is given to incumbency Campaign contributi ons Large contributions to judges give the appearance of justice being bought. Copyright © 2016 Cengage Learning. All rights reserved. 36

37. Copyright © 2016 Cengage Learning. All rights reserved. 37 Judicial campaigns in Texas are partisan and expensive affairs. How much does justice depend on party affiliation and the influence of large campaign contributions? How much does justice depend on party affiliation and the influence of large campaign contributions?

38. SELECTION OF JUDGES Ethnic/Racial and Gender Diversity Limited ethnic/racial diversity Gender diversity varies across court levels Lower courts more male-dominated Copyright © 2016 Cengage Learning. All rights reserved. 38

39. THE ETHNIC/RACIAL AND GENDER COMPOSITION OF JUDGES SERVING ON THE TEXAS COURTS: 2013 Copyright © 2016 Cengage Learning. All rights reserved. 39 Does ethnic/racial underrepresentation on the bench undermine legitimacy of state’s judicial system?