Unit 7 Texas Judicial System1The Texas Judicial SystemNotes for the lecture materials in Texas GovernmentFunctions of the Judiciary– Application of law to individual cases– Judicial Review– AppealsApplication of Law(Generally done in trial setting)– Finding of facts– Determining if law applies to facts developed– Interpretation of the applicable law– Determining the legal rights of each party in the caseJudicial Review• “Judicial review occurs when any court determines whether a legislative, executive, or judicial action was valid under the law”– Did policy making body have the authority to make the policy?– Did an executive official act within the scope of the authority granted?– Did a lower judicial court decide correctly?Appeals• All appeals must be based on – Law and procedure used by the lower court– Rules of evidence– Constitutionality of the law or policy appliedTypes of Law – Private law- rights and duties of persons acting in the promotion of individual interests.• Determined by civil statues or case law. Major categories of civil law are classified as– Tort law- after injury occurs to gain redress of injuries– Contract law- binding agreements between two or more parties which the state will enforce– Equity law- seeks to prevent harm by allowing the judge to issue injunctions, stays, restraining orders, etc. prior to the damage being done to the person seeking reliefUnit 7 Texas Judicial System2Types of Law– Public law- government organization and procedure, power and responsibility of public officials, civil rights of individuals• Criminal law- defines acts against public order and establishes levels of punishment • Administrative law-structure and organization of governmental agencies• Constitutional law-established by the Constitution and rulings of the courtsCriminal Law• Misdemeanors– Class C- punishable by fine alone– Class B- punishable by fine/ jail up to 180 days– Class A- punishable by fine/ jail up to 1 year• Felonies– Class 4- fine ($10,000)/ 180 days to 2 years• Also known as a state jail felony– Class 3- fine ($10,000)/ 2-10 years– Class 2- fine ($10,000/ 2-20 years– Class 1- fine ($10,000/ 5-99 or lifeTexas Courts• Basic Features of the Texas Court System– Decentralized- no single reporting authority – Elected- all judges (except municipal judges) are elected by voters– Specialized- courts generally have specialized jurisdictionsCourt Structure of TexasTexas Supreme Court Court of Criminal AppealsDistrict CourtsCourts of Appeals(14 Districts)County CourtsJustice of Peace Courts Municipal CourtsLocal Level Trial Courts– Municipal Courts- (Criminal jurisdiction only) established by each municipality. Enforce city ordinances. Operate under state law and local supervision.– Justice of the Peace Courts- established in Constitution. – Civil- (o) <$200 (c) 200-5000 – Criminal - Class C misdemeanors – Small Claims Courts- statutory. Civil only. Amount up to $5,000.County Level Courts– Constitutional Courts-• Civil (c-jp) $200-5000 (c-district) 500-varies by county• Criminal- class A & B misdemeanors– County Courts at Law- 214 in 84 counties. • Civil – (c) 500- 5000 (with JP Court)– (o/c) >$5000 (now same as District Courts for torts)• Criminal- class A & B misdemeanorsUnit 7 Texas Judicial System3District Level Courts– General District Courts or Specialized (425) Courts- established by Legislature• Civil – (c) with County Courts $500- 5000. – (o) Contested divorces*, land titles, contested elections, contested probate* (*some county courts at law may handle contested divorces and probate)•Criminal – all feloniesTexas Judicial System 14Intermediate Courts of Appeal– Courts of Appeal (14 districts)• Criminal and civil jurisdiction• Hears appeals from County and District Courts• Courts have from 3 to 12 justices, as determined by the Legislature• Cases heard in panels of 3 judgesHighest Appeals Courts• Two Appeals Courts• Nine justices elected state-wide in partisan elections• 6 year overlapping terms– Texas Supreme Court- Civil Only– Court of Criminal Appeals-Criminal OnlyJuries– Grand Juries (12 members)• Selected by Jury Commission appointed by District Judge• May issue “true bill” or indictment on vote of 9 members• All testimony is given in secret – Trial Juries (6 JP/County, 12 District)• Prospective jurors called by random• Exemptions- over 70, custody of young children, full-time studentsMajor Concerns of Judicial SystemStructural and Operational– Structural reorganization– Clearer lines of authority– Compensation for victims of crime– Crowded dockets– Judicial compensation and retirementMajor Concerns of Judicial SystemPolitical• Campaign contributions to candidates for judge• Partisan elections which frequently focus on political issues rather than judicial competency• At-large elections which eliminate minority judges• Disciplining and removal of