by loren miller municipal courts most municipal judges are selected by the city council, some are...
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By Loren Miller
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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
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MUNICIPAL COURTS
82%
18%
Traffic
Non-Traffic
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TRIAL COURTS
Municipal Courts
Criminal Cases
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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
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JUSTICE OF THE PEACE
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TRIAL COURTS
Municipal Courts
Criminal Cases
Justice of the Peace
Criminal & Civil Cases
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COUNTY COURTS
Class A and B Misdemeanors
More “major” ($$) civil cases
Hear trial de novo cases
Elected in partisan election for a 4 year term
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COUNTY JUDGE
Must be “well-informed” in the law; fewer than 30% have a law degree
Presiding officer on Commissioners Court
In rural counties, the county judge also hears cases
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COUNTY COURT AT LAW
Elected in partisan election for a 4 year term
Must be an attorney; 4 years experienceFound in “urban” counties236 judges in 88 countiesUrban counties have a county judge as
well as county court at law judges
2012
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COUNTY COURTS
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TRIAL COURTS
Municipal Courts
Criminal Cases
Justice of the Peace
Criminal & Civil Cases
Constitutional County Cts.
Civil & Criminal Cases Trial de novo
County Courts at Law
Civil & Criminal Cases Trial de novo
Less than 1% Less than 5%
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DISTRICT COURTSOriginal jurisdiction in felony casesOriginal jurisdiction in “major” ($$) 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
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DISTRICT COURT
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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
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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
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Total Cases
Does not include Municipal Court
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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
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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
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APPELLATE COURTS
14 Courts of Appeals
Civil & Criminal Cases
Appeals from District & County Courts
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APPELLATE COURTS
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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
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Incarceration Rates:
2012
Per 100,000 people
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Incarceration Rates by Nation
2010
Per 100,000 inhabitants
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LIKELIHOOD OF DEATH PENALTY TO BE AFFIRMED
Death Penalty
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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
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The judge and the prosecutor are having an affair. The defendant is convicted of murder and sentenced to death? Was this a fair trial?
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APPELLATE COURTS
Court of Criminal Appeals
Criminal Cases
14 Courts of Appeals
Civil & Criminal Cases
Appeals from District & County Courts
Death Sentence Appeals
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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
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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
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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
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“There is an appearance that the high court’s justice is reserved for the monied, not the many.”
Walt Borges, consumer advocate
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“Judges in Texas swing the gavel with one hand and take money with the other.”
Craig McDonald, Texans for Public Justice
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“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
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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
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“Judicial campaign strategy is based entirely on experience and name identification.”
Anne Whittington, political consultant
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SOURCES OF CAMPAIGN FUNDING
59%
41% Raised fromOther Sources
Raised fromLaw Firms
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“I don’t like the current system. and I’m opposed to all the alternatives.”
A district court judge
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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
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“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
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“Texas has the most expensive judicial races in the world and the most politicized judicial races in the world.”
Former Chief Justice Tom Phillips
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Citizens expect judges to be:-- competent -- independent (not subject to political
pressures)-- responsive (subject to democratic
controls)
No system guarantees all three.
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Tell God the truth,
but give the judge money.
Russian proverb
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May your life be filled with lawyers.
Mexican curse