the texas judicial system

8/2/2019 The Texas Judicial System

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THE

TEXAS JUDICIAL

SYSTEM

REFLECTION OF THE STATE CAPITOL ON THE SUPREME COURT BUILDING

Printable Brochure [pdf]
http://www.courts.state.tx.us/oca/pdf/JudSysPam0604_print.pdf


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THE TEXAS

JUDICIAL SYSTEM

JUDICIAL AUTHORITY

The judicial power of the State of Texas is derived from Article 5,

Section 1 of the Texas Constitution, which provides:

The judicial power of this State shall be vested in one Supreme Court, in one

Court of Criminal Appeals, in Courts of Appeals, in District Courts, in County

Courts, in Commissioners Courts, in Courts of Justices of the Peace, and in such

other courts as may be provided by law.

The Legislature may establish such other courts as it may deem necessary and

prescribe the jurisdiction and organization thereof, and may conform the jurisdic-tion of the district and other inferior courts thereto.

(As amended November 4, 1980, effective September 1, 1981.)

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INTRODUCTION

TO THE TEXAS J UDICIAL SYSTEM

THE TEXAS CONSTITUTION

The basic law of th e Sta te of Texas is set out in t he Const itu tion of theS tate of Texas, a docum ent adopted by th e voter s of th e Sta te in 1876 and

am ended by th em man y times since th en. The fun damen ta l legal rights

which a ll resident s of th e Sta te possess --- such a s th e right to tr ial by a

jury --- ar e set out in t he Const itu tion in wh at is called th e Bill of Rights.

The Constit ut ion also cont ains basic principles for th e opera tion of

th e stat e govern ment an d legal system. It separ at es the powers of th e

government by dividing it into three distinct branches or departments:

legislat ive, execut ive, and judicial.

THE LEGISLATIVE AND EXECUTIVE BR ANCHES

The legislat ive branch includes t he Texas H ouse of Represent at ives

and the Texas Senate, which together make up the Legislature. The

function of the Legislature is to make laws, which are called statutes.

Sta tu tes, writt en an d passed by th e Legislatu re, include such t hings asth e law which m ak es it illegal to drive while int oxicat ed an d the law wh ich

ma kes th e Four th of J uly a sta te holiday. The Const itut ion, adopted by

the voters themselves, is superior to the statutes passed by the elected

mem bers of th e Legislat ur e. For t his r eason, if th ere is a conflict between

a pr ovision of th e Const itut ion a nd t ha t of a st at ut e, th e stat ut e is said to

be "unconstitutional" an d may n ot be enforced.

The r ole of the executive bran ch is to car ry out an d enforce the la ws of

th e Sta te. The execut ive bra nch includes t he Office of th e Governor an dmost administrative agencies of the State, such as the Department of

Pa rk s an d Wildlife, th e Texas Edu cat ion Agency, and t he Depar tm ent of

Hu ma n Services. The ma jorit y of sta te employees work in t his bra nch.


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THE J UD ICIAL BR ANCH

Th ejudicial branch of Texas governm ent includes t he cour t systemof the State and the judicial agencies, such as the Office of Court

Admin istra tion. Its role is to inter pret t he law an d to resolve legal

disput es. It is th e sma llest bran ch of sta te governm ent .

The m ean ing of a cons tit u tiona l provision is not a lways obvious ; th e

inten t of a s ta tu te is not a lways clear; the a ctions of an execut ive agency

ar e not always corr ect. The fun ction of the cour ts is to resolve these issues,

as well as t o resolve dispu tes a rising between citizens of th e Sta te.

TYP ES OF CASES

Two bas ic types of cas es ar e hea rd in Texas court s: crim ina l and civil.

Criminal Cases

Crim inal cases ar e th ose in which someone is cha rged in cour t with

ha ving violated cert ain laws called criminal or pena l sta tutes . A per son

who violates one of th ese sta tu tes is sa id to ha ve comm itted a crime. InTexas, an act is not a crime u nless, before t he a ct occur red, th e Legislat ur e

ha s passed a sta tu te mak ing th e act un lawful.

Ser ious crimes ar e calledfelonies an d include such offenses a s mu rder

an d robbery. If a per son (the defendant) is found gu ilty of comm itt ing a

felony, he or sh e ma y be sent enced to serve a nu mber of years in a sta te

prison opera ted by th e Inst itut iona l Division of th e Texas Depa rt men t of

Crimina l J ust ice. If the crime is a capita l offense, the defenda nt ma y be

sentenced t o deat h.

Crimes wh ich ar e not a s serious a s felonies ar e called misdemeanors.

These include such offenses as disorderly conduct or driving without a

license. If a defenda nt is foun d guilty of a misdemea nor, he or sh e ma y be

fined, ma y be sent enced to serve up t o one year in th e local jail (if th e law

allows it for th e pa rt icula r offense), or both. H owever, someone convicted

of a m isdemean or cann ot be sent enced to a sta te pr ison.

The Legislat ur e esta blishes a ra nge of specificpenalties from which

to punish a convicted defendant. Depending upon the severity of the

crime, the pu nishmen t ra nges from t he deat h penalty, incarcerat ion for a

specific nu mber of year s, a fine, or both impr isonm ent an d a fine.


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A convicted defendant ma y be placed on com m un ity sup ervision inlieu of serving t he imposed sen ten ce in prison or jail. Usua lly a person

placed in this st at us is order ed to follow some very str ict ru les and to

report r egularly to a supervision officer. If th e crime cau sed injury to an

innocent person, th e offender ma y be required t o pay compen sat ion to th e

victim of the crime as restitution for h is act ions . The offender may be

order ed t o perform cert ain prescribed comm un ity service a ctivities.

Additional information about criminal cases is contained in the

sect ions of th is booklet dea ling with the specific types of court s in Texas.

Civil Case s

Civil cases are another basic type of cases which are tried in the

cour ts of Texas. Most simply sta ted , civil cases a re cases wh ich involve

disput es between two or m oreparties (usu ally persons or businesses) and

which a re n ot crimina l in na tu re, such a s divorce cases a nd su its t o collect

debts.

More specifically, civil cases u sually involve privat e pa r ties wh ere

one par ty (th eplaintiff) brings suit a gainst an oth er (th e defendant) an d

ask s th e cour t t o enforce a pr ivat e right or t o requ ire th e defenda nt to pay

for some civil wrong done to the plain t iff.

Spec ial Types of Case s

One special type of civil case is called a probate case. These cases

frequen tly involve the dist ribut ion of the pr opert y of a person who hasdied, wheth er or not th e deceased person has left a writt en will.

Juvenile cases, involving children between the ages of 10 and 17,

ma y resemble crimina l cases in m an y ways, but a re norm ally considered

to be civil in na tu re. With out specific aut horization by th e cour t in a


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special hear ing, a child un der 17 ma y not be tr ied for a crime a s an adu lt.

Except in t he most ser ious cases, th e records of offens es commit ted by a

person a s a child ar e sealedan d ma y not be considered a s a p rior criminal

record if th at person is lat er t ried as a n a dult for a crimina l offense.

TYP ES OF COURTS

The two basic types of courts which make up the Texas Judicial

System ar e th e tr ial and t he a ppellate (or appeals) cour ts.

Trial Cou rts

Trial courts ar e cour ts in which witn esses ar e hear d, exhibits ar e

offered int o evidence, and a verdict(in a jury t rial) or a decision (in a case

tr ied by a judge alone) is reached ba sed on t he facts of th e case. In a civilcase, th e decision or verdict determines wh ich par ty wins t he lawsu it; in

a criminal case, it deter mines wh eth er t he defenda nt is guilty or n ot guilty

of th e cr ime a lleged.

Trial cour ts h ave original jurisd iction which m ean s th at a ll evidence

is present ed an d all testimony is hear d in t hese cour ts.

A more detailed discussion of the specific trial courts of Texas is

included in a lat er section of th is booklet .

Appe llate Cou rts

Appellate courts hear appeals in cases which have been previously

tr ied in th e tria l cour ts. No new evidence is present ed an d no witn esses are

hea rd on t he a ppeal of a case. The facts of th e case h ave been determined

at th e tr ial, and all testimony and evidence are cont ained in t he record

which was ma de in t he tr ial cour t a nd sent to the appellat e cour t when th e

appea l was m ade. The appellat e cour t m ak es its decision on th e appealbased on a r eview of th e record a nd t he a rgu men ts of th e att orn eys for both

sides. The decision is based solely upon the evidence contained in the

record an d th e law wh ich p ert ains to the facts of th e case.

Certa in tr ial cour ts, usu ally coun ty cour ts, hea r a ppeals from justice

of the peace courts and from those municipal courts where no written

record of th e proceedings is ma de. In t hose situ at ions t he a ppeal ta kes th e

form of a trial d e novo, which m eans t ha t a n en tirely new tr ial is held since

no record of th e proceedings is made in th e lower cou rt . A few mu n icipalcour ts a re courts of recordan d appeals from th em ar e based on t he written

record of the tr ial.

A more det ailed discussion of th e specific ap pellat e cou rt s of Texas

is includ ed in a lat er section of th is booklet .

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TRIAL BY J URY

The concept of t r ial by a jur y of ordina ry citizens is a lmost a s old as

civilizat ion itself. Groups of privat e individua ls were involved in deciding

disput es in ancient Egypt, Greece, Rome, an d medieval Englan d. The jur y

system as we kn ow it in t he Un ited Stat es is derived from th e Magna

Charta, signed by King John of England in 1215, which states: No

freeman sha ll be taken or impr isoned ... un less by th e lawful judgment ofhis peers, or by the law of th e land.

In a democracy such as ours, in which individual liberties are

cher ished an d t he powers of governm ent ar e derived from t he people, the

jury system is considered t o be a funda men ta l safeguar d of const itu tional

rights. The Texas Constitution, in Section 15 of the Bill of Rights,

guar an tees to all persons th e right of tr ial by jury. Defenda nt s in criminal

cases or th e par ties in civil lawsuit s ha ve th e right t o a t ria l by either six

or t welve local citizens. Except in capita l murder cases, th is right t o a t ria lby jur y may be waived(given up ). In th at event th e judge hear ing th e case

will mak e th e decision. In a jury tr ial, th e judge will ru le on a ny quest ions

of law which a rise du ring t he t ria l, while the jur y will ru le on t he facts

presen ted to th em dur ing the tr ial and on t he credibility of th e witn esses

who testify during th e tr ial.

Most citizens will, at one t ime or a nother , be sum moned t o report for

jury service. It is necessa ry to ha ve a lar ge number of people from wh ich

to select a fair, impartial, and unprejudiced jury. The reasons why anyperson is chosen or not chosen t o serve on a par ticular jury a re different

in every case. If a per son is sum moned but n ot chosen to serve on a

par ticula r jur y it is not becau se someone th ought badly of th at person, nor

does it mean that person will not be picked the next time he or she is

sum moned. The pay for jury service is sma ll, but t he rewards in t erm s of

personal sa tisfaction can be great , and t he value of such service to our

legal system is immeasurable.

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TEXAS COURTS: AN OVERVIEW

The Texas cour t syst em consist s of a Su pr eme Cour t, which is t he

highest state appellate court for civil matters; a Court of Criminal

Appeals, which is the highest sta te a ppellat e cour t for criminal matters ;

four teen Cour ts of Appeals, which ha ve int erm ediate a ppellat e jur isdic-

tion in both civil and cr imina l cases; an d four levels of tr ial court s.

The st at e tr ial cour ts of genera l jur isdiction a re t he distr ict cour ts,

which, in some metropolitan areas, specialize in civil, criminal, family

law, or juvenile cases. The geogra phical a rea served by each individua ldistrict court is established by the specific statute creating that court.

Ea ch d istrict cour t h as one judge.

Ea ch of the 254 coun ties in Texas h as a coun ty cour t presided over by

a county judge. To relieve th e docket congest ion of th is single const itu -

tiona l coun ty cour t, th e Legislat ur e ha s esta blished coun ty cour ts a t law

an d sta tu tory probate cour ts in ma ny coun ties with large populations.

In addit ion, each coun ty is requ ired to ha ve at least one just ice of thepeace cour t. The most populous coun ties ma y ha ve as ma ny a s sixteen.

These cour ts also serve a s sm all claims cour ts.

The Legislat ur e ha s crea ted m un icipal cour ts in ea ch incorpora ted

city with in th e Sta te. Within th e city limits, these cour ts h ave concur ren t

criminal jurisdiction with the justice of the peace courts. Trial in the

just ice of th e peace court s an d most m unicipa l cour ts is not of record, and

appeals from t hese cour ts a re by way of new t rial in t he coun ty cour t or

coun ty cour t a t law.

Court Structure Chart [pdf]
http://www.courts.state.tx.us/Court_Structure_Chart_March05.pdf


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THE APPELLATE COURTS

The appellate courts of the Texas Judicial System include the Su-

prem e Cour t a nd t he Cour t of Crimin al Appeals locat ed in Austin , and the

four teen Cour ts of Appeals which a re locat ed in t hir teen cities th roughout

the State.

THE SU P REME COURT OF TEXAS

The Su preme Cour t of Texas is composed of a Ch ief J us t ice an d eight

justices. It has statewide, final appellate jurisdiction in all civil and

juvenile cases. Most of th e cases h ear d by this Court ar e appea ls from a n

appellate ruling by one of the intermediate Courts of Appeals. The

Suprem e Cour t a lso ha s th e aut hority to determine certa in legal ma tt ersover which n o oth er cour t h as jur isdiction an d to issue such order s as ma y

be necessa ry t o enforce its jur isdiction a nd to car ry out th e r esponsibilities

of the Court .

In addition to its adjudicative functions, the Supreme Court has

ma ny adm inistr at ive duties. It is responsible for t he efficient opera tion

of th e Texas J udicial System. The Cour t m ak es th e ru les of pra ctice an d

procedur e governing t ria ls an d appea ls in civil and juvenile cases in th e

Sta te, th e ru les of adm inistrat ion for th e Texas J udicial System, an d th eru les for th e opera tion of the s ta te Office of Cour t Admin istr at ion, t he

Comm ission on J udicial Condu ct, th e Sta te Bar of Texas, an d oth er st at e

agencies in t he judicial bran ch of governm ent . An import an t a dmin istr a-

tive fun ction of th e Supr eme Cour t is t he t ra nsfer of cases between th e

four teen Cour ts of Appeals t o obta in a more equa l distr ibution of work load

in those cour ts.
http://www.supreme.courts.state.tx.us/http://www.supreme.courts.state.tx.us/


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COURTS OF AP P EALS

(Courts o f Appeals Districts)

8th - El P aso

9th - B eau mo nt

10t h- Wa co1 1t h - E as tl an d

12t h- Ty le r

13th- Corpus Chris t i , Edinburg

14t h - H ou s to n

1 s t - Ho us to n

2 nd- F o rt Wo rt h

3rd - Au sti n4th - S an An to ni o

5th - Dallas

6th - Te xa rk an a

7th - Am ari llo

THE COUR T OF CRIMINAL AP P EALS

The Court of Crimin al Appeals is composed of a P residing J udge a nd

eight jud ges. This Cour t h as st at ewide, final appellate jur isdiction of

crimin al cases a nd ma kes r ules of post-tria l and app ellate pr ocedur e for

crimin al cases. Most of the cases hea rd by th is Cour t a re a ppeals from one

of the four teen inter mediat e Cour ts of Appeals. An import an t exception is

th at appeals in all criminal cases in which th e death penalty ha s been

imposed ar e ma de directly from t he t rial cour t t o th e Cour t of Crimina l

Appeals. This Cour t h as t he a ut hority to issue su ch orders a s ma y be

necessar y to enforce its jur isdiction an d judgmen ts.

THE COURTS OF APP EALS

The four teen Cour ts of Appeals h ave inter mediat e appellate jur isdic-

tion in both civil and criminal cases appealed from district or county

cour ts . Ea ch Cour t of Appea ls has jur isdiction in a specific geogra ph ical

region of th e Sta te. Ea ch Cour t is presided over by a chief just ice an d h as

at least two oth er jus tices. The specific number of just ices on ea ch Cour t

is set by stat ut e and r an ges from thr ee to th irteen. Pr esent ly th ere are

eight y justices aut horized for th ese Cour ts. Appeals in t he Cour ts of

Appeals are usually heard by a panel of three justices, unless in a

par ticular case an en banc hea ring is order ed, in which inst an ce all th e

just ices of th at Cour t h ear an d consider t he case.
http://www.8thcoa.courts.state.tx.us/http://www.9thcoa.courts.state.tx.us/http://www.10thcoa.courts.state.tx.us/http://www.11thcoa.courts.state.tx.us/http://www.12thcoa.courts.state.tx.us/http://www.13thcoa.courts.state.tx.us/http://www.14thcoa.courts.state.tx.us/http://www.1stcoa.courts.state.tx.us/http://www.2ndcoa.courts.state.tx.us/http://www.3rdcoa.courts.state.tx.us/http://www.4thcoa.courts.state.tx.us/http://www.courtstuff.com/5th/http://www.6thcoa.courts.state.tx.us/http://www.7thcoa.courts.state.tx.us/http://www.cca.courts.state.tx.us/http://www.courts.state.tx.us/appcourt.asphttp://www.courts.state.tx.us/appcourt.asphttp://www.cca.courts.state.tx.us/http://www.courtstuff.com/5th/http://www.14thcoa.courts.state.tx.us/http://www.13thcoa.courts.state.tx.us/http://www.12thcoa.courts.state.tx.us/http://www.11thcoa.courts.state.tx.us/http://www.10thcoa.courts.state.tx.us/http://www.9thcoa.courts.state.tx.us/http://www.8thcoa.courts.state.tx.us/http://www.7thcoa.courts.state.tx.us/http://www.6thcoa.courts.state.tx.us/http://www.4thcoa.courts.state.tx.us/http://www.3rdcoa.courts.state.tx.us/http://www.2ndcoa.courts.state.tx.us/http://www.1stcoa.courts.state.tx.us/


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THE TRIAL COURTS

The Texas trial court system consists of several different types ofcour ts , each h and ling differen t cat egories of cases. These cour t s include

th e distr ict cour ts, t he coun ty cour ts, t he coun ty cour ts of law, the probate

cour ts , the mu nicipal cour ts , and t he just ice of the pea ce cour ts.

THE DISTRICT COURTS

The distr ict cour ts ar e th e tr ial cour ts of general jur isdiction of Texas.

The geographical a rea served by each cour t is esta blished by the Legisla-

ture, but each county must be served by at least one district court. In

spar sely popula ted a rea s of th e Sta te, severa l coun ties ma y be served by

a single district court, while an urban county may be served by many

district courts. District courts have original jurisdiction in all felony

cr imina l cases, divorce cases, cases involving tit le to lan d, elect ion cont est

cases, civil matters in which the amount in controversy (th e am oun t of

money or dam ages involved) is $200 or more, and any mat ter s in wh ich

jurisdiction is not placed in an oth er t ria l cour t. While most distr ict cour tstr y both criminal a nd civil cases, in t he m ore den sely popula ted coun ties

the courts may specialize in civil, criminal, juvenile, or family law

matters .

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THE CONS TITUTIONAL COUN TY COURTS

As pr ovided in t he Texas Cons ti t ut ion , each of th e 254 coun ties of

th e Sta te ha s a s ingle coun ty cou rtpr esided over by a cou nt y jud ge.

These courts have concurrent jurisdiction with just ice of the

peace and dis t r ic t courts in c ivi l cases in which the amount in

cont roversy is sma l l. J ur isdict ion is sa id to be concur ren t wh en two

levels of cour ts ha ve au th ori ty t o t ry t he sa me t ype of case .

The const i tut iona l coun ty cour ts gener al ly hea r t he pr obat e cases

fi led in t he cou nt y. They h ave origina l ju risd ict ion over a l l Clas s A

an d Class B misdemean or cr imina l cases , which a re t he m ore serious

minor offenses. These courts usually have appellate jurisdict ion in

cas es ap pealed from just ice of th e peace an d m un icipal cour ts , except

in coun t ies where coun ty cour ts a t law ha ve been establ ished. Un less

th e appeal i s one from a designa ted m u nicipal cou rt of record( t r ia l

proceedings a re r ecorded by a cour t r eport er) , th e appea l tak es th e

for m of a trial d e novo (a comp letely new t r ial).

In addit ion to performing judicial functions, the county judge

serves as th e adm inis t r a t ive head of th e coun ty govern ment . In t he

more populated coun t ies , the a dminis t r a t ive du t ies occupy m ost of th e t ime of th e coun ty judge, an d th e Legis la tu re h as creat ed coun ty

cour ts a t law a nd s t a t ut ory pr obat e cour ts t o re l ieve th e coun ty judge

of most, a nd in some cases a l l , of th e jud icial du ties u su ally perfor med

by th a t office.

THE COUNTY COUR TS AT LAW

Becau se th e Const i tut ion l imits each coun ty t o a s ingle coun ty

cour t , th e Legisla tur e ha s crea t ed s ta t u t ory coun ty cour ts at la w inthe larger count ies to a id the s ingle county court in i t s judic ia l

functions.

The legal jurisdict ion of the special county-level trial courts

varies considera bly an d is es tabl ished by th e s ta tu te which creat es

th e part icular cour t . The jur isdict ion of s ta tu tori ly-crea ted coun ty

cour ts a t law is usu al ly concurr ent with th e jur isdict ion of the coun ty

an d dis t r ict cour ts in t he coun ty.

The civil jur isdict ion of most cou nt y cour ts at law var ies, bu t is

usu al ly more th an th at of th e just ice of th e peace cour ts a nd less th an

th at of th e dis t r ict cour ts . Coun ty cour ts a t law usua l ly ha ve

ap pellate jur isdict ion in cas es ap pealed from ju st ice of th e peace an d

mu nicipal cour ts .


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THE P ROBATE COURTS

The Texas Const itut ion grant s jurisdiction over probate m at ters to

either t he const itu tiona l coun ty cour t or to th e distr ict cour t. Pr obat e

matters include the administration of estates of deceased persons, will

contests, the guardianship of minors and incapacitated persons, and

ment al illness matt ers. In some coun ties, th e Legislatu re ha s gra nt ed the

coun ty cour t at law concurren t jur isdiction in probat e ma tt ers with th e

const itut iona l coun ty cour t. In other coun ties, the Legislatu re h as gra nt ed

th e coun ty cour t at law concur rent jur isdiction in probate m at ters with th e

distr ict cour t. In t he more popula ted coun ties, th e Legislatur e has crea ted

specialized probate courts (entitled statutory probate courts) to hear

probate m at ter s exclusively.

Thus, probat e ma tt ers m ight be heard in t he coun ty cour t, coun ty

court at law, statutory probate court, or district court of a particular

county.

THE J UVENILE COURTS

Except in t he most populous coun ties, Texas ha s no separa te systemof juvenile cour t s. Rat her , one of the r egular dist rict or coun ty judges in

each coun ty is designa ted t o hea r juvenile cases. However, it is somet imes

the custom to refer to a court which is hearing juvenile cases as the

J uvenile Cour t.

J uvenile cases in clude proceedings brought again st persons between

th e ages of 10 an d 17 who are a lleged to ha ve engaged in u nlawful


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condu ct a s defined by th e Texas Fa mily Code. This sta tu te labels condu ct

subject t o its pr ovisions as eith er delinquent cond uctor cond uct ind icating

a need for supervision . Gener ally, delinquent conduct is defined as

conduct by a child which, if committed by an adult, would be a serious

crim ina l offens e. Condu ct ind icat ing a need for su pervision includes suchma tt ers a s tr ua ncy, ru nn ing away, and a ctivity which would be consid-ered a minor criminal violation if comm itted by an adult. Un der cert ain

circum sta nces and a fter a h ear ing, th e juvenile cour t judge ma y cert ify ajuvenile for tr ial as a n adu lt if th e juvenile was at least 14 year s of age at

th e time of th e offens e.

THE J US TICE OF THE P EACE COURTS

The Texas Constitution requires that each county in the Stateesta blish between one a nd eight jus tice of the peace precincts, depend ing

upon the popu lat ion of th e coun ty. Also, depen ding on the popu lat ion of

the precinct, either one or two justice of the peace courts are to be

esta blished in each pr ecinct.

Justice of the peace courts have original jurisdiction in Class Cmisdemea nor crimina l cases, which ar e less serious minor offenses. These

cour ts also ha ve ju risd iction of min or civil ma tt ers . A just ice of the peacemay issue search or arrest warrants, and may serve as the coroner in

coun ties wher e th ere is n o provision for a medical exam iner. These cour ts

also fun ction as sma ll claims cour ts.

THE MUN ICIP AL COURTS

Under its au th ority to creat e such oth er cour ts a s m ay be necessary,

th e Texas Legislat ur e ha s crea ted m un icipal cour ts in each of th e incor-

pora ted cities of the St at e. The lar ger cities are served by mu ltiple cour ts,

th e nu mber depen ding upon th e popula tion of th e city and t he needs of th epublic.

These cour ts ha ve or igin al a n d exclusive ju risd ict ion over viola-

t ions of ci ty ord ina nces an d, with in th e ci ty l imit s, have con cu rr ent

jur isdict ion with just ice of th e peace cour ts over Class C misdem ean or

crimin al cases wh ere t he pu nishm ent upon convict ion is by smal l fineonly. When city ordinances relat ing to fire safety, zoning, public

heal th, or sani ta t ion are viola ted, f ines of up to $2,000 may bech ar ged, when au th or ized by th e govern ing body of th e ci ty. Mu nicipa l

judges ma y issue sear ch or ar rest wa rr an ts . These cour ts do not ha ve

jur isdict ion in most civil cas es bu t do ha ve l imit ed civil jur isdict ion in

cas es wh ich involve owner s of da n gerous d ogs.


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14

QUALIFICATION, SELECTION

AND DISCIP LINE OF J UD GES

QUALIFICATIONS

The basic qualifications for most of the judges in the State are

esta blished by the Const itu tion of the Sta te of Texas. By those provisions,

all appellate judges mu st ha ve been licensed t o pra ctice law for at least tenyears, be citizens of th e United St at es and of Texas, an d be at least th irt y-

five year s old. Dist rict judges mus t h ave been licensed to pra ctice law in

th is Sta te for at least four year s, be resident s of th e judicial distr ict for a t

least two year s, and be citizens.

Qualifications for county court at law and statutory probate court

judges vary according to th e sta tu te creat ing the cour t. All are r equired to

be licensed t o pra ctice law; most ar e requir ed to be coun ty r esidents a nd

have experience as practicing attorneys. Judges of the constitutionalcoun ty cour ts mu st be well inform ed in t he law of th e Sta te but ar e not

requ ired t o be lawyers. Most of the 254 coun ty judges ar e not licensed to

practice law.


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15

There ar e no const itut iona l or s ta tu tory qua lificat ions to serve as a

just ice of the peace, an d very few ar e lawyers . While judges of mu n icipal

courts of record must be attorneys, no statutory qualifications are re-quired of oth er m un icipal jud ges, most of whom a re n ot lawyers.

SELECTION AND TERMS

All judges, with th e except ion of most mu n icipal judges, ar e elected

in pa rt isan elections by th e qua lified voter s of th e geograp hical ar eas t hey

serve. Most mu nicipal judges a re a ppoint ed by th e governin g body of the

mu nicipality, alth ough a few ar e elected.

Appellat e judges serve six-year t erm s. Distr ict judges, coun ty-level

judges, an d ju st ices of th e peace serve fou r-year t erm s. Mun icipal jud ges

usu ally serve two-year t erm s.

Judicial vacancies in appellate and district courts are filled by

ap poin tm ent of th e Govern or. Vacan cies in coun ty-level an d ju st ice of th e

peace courts are filled by commissioners courts, and by the mayor or

govern ing body of the city for mu nicipa l cou rt s.

J UD ICIAL COND UCT AND DISCIPLINE

All persons wh o serve as judges in t his St at e mu st be k nowledgeable

in th e law, and dispense just ice in a fair an d impar tial ma nn er. To aid in

the attainment of these goals, the Legislature has provided for the

ma nd at ory cont inuin g professiona l educat ion of judges, and t he Su prem e

Cour t h as pr omu lgat ed the Code of J ud icial Condu ct. The Code estab-

lishes professiona l stan dar ds which th e Stat e Const itution ma kes ma n-dat ory for judges, ma sters, an d m agistr at es.

In addition, the Constitution establishes a special commission to

consider citizen complaints concerning the conduct of judges which is

clear ly incons istent with t he pr oper p erform an ce of th eir du ties, or which

cast s pu blic discredit up on th e judiciary or t he a dminist ra tion of just ice.

This Comm ission on J udicial Cond uct ma y reprima nd or censu re a judge,

or r ecomm end t o a r eview tribun al th at th e judge be ret ired or r emoved

from office. The Comm ission may a lso su spen d from office judges wh o are

ind icted for felony offenses or charged with official miscondu ct . It does

not, however, review the legal results of a trial as this is within the

jur isdiction of th e app ellat e cou r ts .


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16

JUDICIAL ADMINISTRATION

The Supreme Court of Texas has general responsibility for the efficient

administration of the Texas Judicial System, and the authority to make rules

of administration applicable to the courts. Aiding the Supreme Court in

carrying out its administrative duties is the state Office of Court Administra-

tion, which operates under the direction of the Chief Justice.

The Supreme Court and the Legislature receive recommendations onlong-range planning and improvements in the administration of justice from

the Texas Judicial Council, a 22 member advisory board composed of

appointees of the judicial, executive, and legislative branches of government.

The state Office of Court Administration, established in 1977, provides

administrative support and technical assistance to all of the courts in the

State. It publishes the Annual Report on the Texas Judicial System and

provides the Legislature with requested information on the functioning of the

judicial system. The office also supports the research and operations of the

Judicial Committee on Information Technology, a 15-member board charged

with developing and overseeing the design and implmentation of a coordi-

nated statewide computer communication network and comprehensive

justice information system.

The Chief Justice of the Supreme Court, the Presiding Judge of the Court

of Criminal Appeals, the Chief Justices of each of the fourteen Courts of

Appeals, and the judges of each of the trial courts are generally responsible

for the administration of their respective courts.

To aid in the administration of justice in the trial courts, the State is

divided into nine Administrative Judicial Regions. The Governor designates

one of the active or retired district judges residing in each Administrative

Judicial Region as the Presiding Judge. The Presiding Judge of an Adminis-

trative Judicial Region may temporarily assign an active or retired judge to

serve on a district court or county court at law in the Administrative Judicial

Region whenever the need arises. The Chief Justice of the Supreme Court

convenes periodic conferences of the nine Presiding Judges to ensure the

efficient administration of justice in the trial courts of the State.


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17

FINANCING THE COURT SYSTEM

Over the past decade, the state appropriation provided for the

opera tion of th e judicial bran ch of th e governm ent ha s avera ged about

one-thir d of one per cent of the t ota l sta te bu dget.

Most of the money used to operate the courts within the Texas

J udicial System is provided by th e coun ties or cities, with a more limited

am oun t of fun ds provided by th e Sta te.

The Sta te pr ovides full fun ding only for t he opera tion of th e Supr eme

Cour t, t he Cour t of Criminal Appeals, the Th ird Cour t of Appeals locat ed

in Austin, and certain statewide agencies of the judicial branch. It

provides a ba sic app ropriat ion for t he opera tion of th e rema ining th irteen

Court s of Appea ls.

Sta te a ppr opria tions p rovide th e entir e salar ies of th e just ices of th e

Sup rem e Cour t a nd judges of th e Cour t of Crimina l Appeals; th ey also

provide a basic salar y for th e justices of the Court s of Appeals a nd th e

judges of th e Distr ict Cour ts, which by st at ut e ma y be supplement ed by

local governments.

The 254 counties of the State provide funds for operation of the

district courts, and provide the entire costs, including salaries of the

judges, of all const itu tiona l coun ty cour ts , coun ty cour ts a t law, an d just ice

of the peace cour ts. In most in sta nces, th e coun ties also provide supple-

mental pay to the judges of the Courts of Appeals and District Courts

serving their a rea s. City governm ent s provide the entire funding for t he

opera tions of their own mu nicipal cour ts.

Goliad County C ourthouse

Goliad , Texas


19/19

Prepared by the

OFFICEOF COURT ADMINISTRATIONP.O. BOX 12066

AUSTIN, TEXAS 78711512/463-1625

www.courts.state.tx.us

MARCH 2005

THE

TEXAS JUDICIAL SYSTEM
http://www.courts.state.tx.us/http://www.courts.state.tx.us/

the texas judicial system

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