By Loren Miller

MUNICIPAL COURTS

Most municipal judges are selected by the city Most municipal judges are selected by the city council, some are elected.council, some are elected.

Only 40% have a law degreeOnly 40% have a law degree

926 cities/1559 judges926 cities/1559 judges

2012

MUNICIPAL COURTS

82%

18%

Traffic

Non-Traffic

TRIAL COURTS

Municipal Courts

Criminal Cases

JUSTICE OF THE PEACE

From 1 to 16 JP courts per countyMinor criminal and civil cases (small

claims court)Elected in partisan elections for a 4 year

term (N = 815)Only 9% have a law degreeOther duties may include:

conducting marriagesacting as coronerissuing 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 experienceFound in “urban” counties236 judges in 88 countiesUrban 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 COURTSOriginal jurisdiction in felony casesOriginal jurisdiction in “major” ($$) civil

cases (divorces)Elected in partisan election for a 4 year

term (but most receive their initial position by appointment)

456 judgesMust 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 CasesTraffic (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

SexMale 75%Female 25%

RaceWhite 65%Black 30%Others 5%

AgeUnder 18 19%18-24 25%25-34 46%35-44 6%45-54 4%55 and over -----

2007

14 COURTS OF APPEALSA 3 judge panel will hear each case80 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 APPEALSLocated in AustinNine judges elected to 6 year overlapping

terms in partisan electionsCapital 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 AustinNine judges elected to 6 year overlapping

terms in partisan electionsFinal appellate jurisdiction in civil and probate

mattersThree 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

59%

41% Raised fromOther Sources

Raised fromLaw Firms

“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