The Texas Judicial System
Texas is Special and Especially Confusing
• Many types of courts
• Special courts
• Overlapping jurisdiction
• Elected judges
The Most Jury-Happy State in the Nation
• 1876 Constitution• You get a jury for everything in Texas• 6 or 12 members
The importance of being a juror
• Direct participation in democratic government– Voting– Juror
• $40 a day
Taking a Trip Through the Courts
• Big flag decal
• Rear window
• Transportation Code
A Constitutional Question
• 1st Amendment right – Political speech
vs.
• Police Power– Legislative acts– Public safety
Justice of the PeaceRural Areas
• “The people’s court”• Judge--need not be a lawyer• You don’t need a lawyer• Fine only• Small claims• No court reporters
Municipal CourtUrban Areas
• Like J.P. Courts, but. . .– Judges are lawyers– Court reporters– Only criminal cases
Jury Verdict
• Safety over Speech
• Guilty
County Court
• Mid-level trial courts• Class A & B misdemeanors• Appeal of J.P. & Muni guilty verdicts• Civil cases– $200-10,000
Appeals to County Court
• What do you get?
• Retrial from J.P. because no record
• Appellate review on record from Muni court
Original TrialsCounty Court
• DWI, assaults, shoplifting, possession of marijuana, etc.
• 6 person jury
District Courts
• “Big” cases
• Felony crimes
• Complex civil cases
• Juvenile court
These are really important
• 12 person juries
• Capital murder trials
• Election contests
Recap
• 3 levels of trial courts– Low: JP & muni– Mid: County courts– High: District courts
What trial courts have in common
• Witnesses
• Juries
• Umpire judges
• Court reporters (except JP)
What do sore losers do?
• Go to the court of appeals• 14 intermediate courts of appeals• All across the state• Must have a good legal question• Costs $$ to file, so be certain you have
a good argument.
Court of Appeals
• 3 judge panels• Review record• Read briefs- very long.• Hear oral arguments, but not often.• Write an opinion- all are online.
Opinion
• “The First Amendment guarantees the right of a driver to express his political opinion about his patriotism with a decal on his rear window as long as it does not totally obstruct the driver’s view.”
Is there a higher authority?
• Loser in court of appeals• Discretionary review- at “discretion” of the S.C.
- Usually if lower courts split, there was a dissent, or new law.• Texas Supreme Court--civil• Court of Criminal Appeals--criminal
Texas Supreme Court
• Civil cases only
• Includes juvenile cases
• 9 members
• Statewide election & jurisdiction
Texas Court of Criminal Appeals
• Criminal cases only
• Death penalty—direct
• 9 members
• Statewide election & jurisdiction
Common Features
• Choose what to hear
• Less than 10%
• Briefs, oral arguments, written opinions
• All 9 judges hear all cases
Decision
• “We hold that the driving public’s safety in an unobstructed view out of the front and rear windows of a car is, in this case, more important that the unrestricted expression of political speech by a flag decal.”
Is It Over? Pay the fine?
• United States Supreme Court• Federal constitutional questions from state
courts• “Bong Hits 4 Jesus” – Morse v. Frederick
– 2007; 551 U.S. 393
• 1-2% probability of certiorari
THE END