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