1. The Courts and Their Judges
Essential Question: How are the State Courts organized?

2. Justices of the Peace
Each State constitution creates a court system for the State
Much of Judicial procedure and organization is left up to legislature
Justices of the Peace- “JPs” are on the lowest rung of the State Judicial ladder
rule over justice courts
Gradually disappearing – found in small rural towns
They orginally served a very useful purpose
Travel was hard because many people were rural
Justice courts made it easy for people to receive a quick hearing

3. Usually popularly elected, mainly try misdemeanors– traffic violations, public drunkenness, disturbing the peace
Issue certain warrants, hold preliminary hearings, and perform marriages
Preliminary hearing- first step to a major criminal prosecution  judge decides if there is enough evidence
“fee system” judges get a portion of the fines they give out  led to abuse of power

4. Magistrates’ Court City cousins of JPs
Minor civil complaints and misdemeanors which occur in urban settings
Preside over magistrates’ court or police courts
Usually popularly elected for short terms

5. Municipal Courts Established in Chicago in 1906 City wide
Hear civil cases involving thousands of dollars as well as misdemeanors
Organized into divisions: civil, criminal, small claims, traffic and probate
Small claims is for people who cannot afford lawsuits
Bring a claim for little to no cost
Informal – no attorney for either side

6. Juvenile Courts Individuals under 18 years old
Designed to address the special needs and problems of young people
Emphasizes rehabilitation over punishment
Certain offenses, they may be tried as an adult
States are making it easier to try juveniles as adults

7. General Trial Courts
Important civil and criminal cases are heard in State’s general trial courts
Every State is divided into judicial districts or circuits covering one or more counties
Known as district circuit, chancery, county, or superior court, or court of common pleas
most legal actions brought under the State begins here

8. Courts of “first instance”
Exercise original jurisdiction over most cases they hear
When cases do come to them it is appealed from a lower court
De novo- new trial, as though it has not been heard
single judge  heard by a petit jury
Decisions are final, although, may be appealed to a higher court
In highly populated districts, estate settlements are held in separate trials called tribunals
Aka: surrogate, probate, or orphan courts

9. Intermediate Appellate Courts
Courts of appeal  stand between trial courts and the State’s Supreme court
To ease the burden on the Supreme court
Often called the court of appeals
exercise appellate jurisdiction- the authority of the court to review decisions of lower courts
Do not have hearing – hearing oral arguments from attorney’s, study written arguments, and review the records from the lowers courts
Decides whether the law was correctly interpreted

10. State’s Supreme Court Highest court in the judicial system
Major job is to review the decisions of the lower courts
Usually 5-7 justices (PA has 7)
PA- elected to 10 year terms
Court of last resorts – has the FINAL say in matters of State law

11. Few go to the United States Supreme Court
Can only go to the Supreme Court if:
(1) “federal question” some matters of federal law are involved
(2) the Supreme Court agrees to hear the appeal

12. Unified Court Systems Courts were usually geographically organized
States are now turning to unified court systems
Technically one court for the entire State
Presided over by a chief judge or judicial council
Number of levels: supreme, intermediate appellate, and general trial sections
divisions hear specialized or heavy-caseload areas of the law

13. A judge is assigned the a section or division where their talents or interests are best suited
To relieve overcrowding, judges may be assigned to different sections

14. Selection of Judges More than 15,000 judges
Chosen three ways: (1) popular election (most common), (2) appointment by the governor, (3) appointment by legislator (least common)
How should judges be selected?
Most people think judges should stay out of politics
selection by legislature is the most political
Popular election is widely used and widely popular

15. Missouri Plan
For over 75 years, American Bar Association (ABA) combines the election and appointment
Missouri, 1940-combined election and appointment
Governor appoints seven justices of the Supreme Court and 32 judges of the Court of appeals
Appointments are selected from a list created by a judicial nomination committee
Judge serves for a year until the next general election and then the people may vote on if the judge should be kept in office – if voted on, then the judge will serve a normal 6 year term or 12 for higher courts

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