Chapter 5

The Court System in Texas

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Who Makes Law?

Two Primary Sources in the U.S.
Elected Legislative Bodies
U.S. Congress (Elected)
State Legislatures (Elected)
Appointed and Elected Courts
Federal Courts (Appointed)
Local and state courts (Appointed & Elected)

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What is the Law?

Legislative or Statute Law
Present, binding requirement on all citizens in a
given category.
Ex: All people who drive cars, all who work, all
students who get grants and loans. No exceptions.
Embodies the idea of Majority Rule:
Majoritarianism
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Who Makes Law?

Court Law Opinion
Are there special cases in which an individual should be
considered differently from the general requirement of a
legislative law?
Ex: A law that applies to everyone violates my
constitutional rights.
Countermajoritarianism: Special circumstances exist that
make application of a general law illegal for a specific
individual or group of individuals.
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Conflicting Roles.
Contradictory Views?
How Should the Law Function?
Citizens think the courts should be above politics.
Courts should act nonpolitically in interpreting the
Constitution.
Courts should evaluate each case without preexisting assumptions. Fairness requires neutrality.
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Conflicting Roles.
Contradictory Views?
How Should the Law Function?
Citizens want state courts to be responsive to the
electorate, if they mold and implement public policy.
Dilemma
How can Courts be above politics and responsive
to the electorate at the same time?
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No Conflict?
Citizens think Courts should both dispense pure
justice and, at the same time, be responsive to
those who elected them.
Courts function differently from other institutions
in the dual role of policy maker and decision
maker.

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Court Decision-Making
Different from the Legislature and Governor
Dont initiate policy changes.
Evaluate individual conflicts brought to them.
Cases they decide may have impact on others.

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Court Decision-Making
A court ruling in one case may serve as legal
precedent for another.
Ex: Ordinance overturned in one city may be
challenged in another city. The ruling for each city
stands unless appealed.
Stare Decisis: Latin: to stand by that which
was decided before. Courts follow principles of
rulings in former cases.
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In Summary:
the Work of Courts:
Courts resolve individual conflicts by
interpreting and enforcing existing rules and
laws, but, in doing so, they may create law
that plays an important role in the lives of far
more people than the individuals who
actually participated in the case.
-Text, pg. 124

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Court Decision-Making
Ideal: Objective, Impartial Decisions
Judges must base their decisions on federal
and state constitutions, statutes and earlier court
decisions.
Judges have a passive role, although their
decisions may have political or unintended
consequences and create law.
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Rule of Law Governs

Concept of Rule of Law not Rule of Arbitrary Action

Judges:
Maintain passive role.
Enforce rules on access to the Court.
Follow strict rules of procedure.
Confine decisions to the case at hand
Maintain the appearance of objectivity.
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Judicial Federalism
U.S. Constitution
Article III established the Supreme Court and gave
Congress the authority to create other lower federal
courts.
Article VI makes federal law the supreme law of the
land.
State Constitutions
States create their own courts, and most cases go to
state courts.
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Judicial Federalism
U.S. District Courts: Cases Involving Federal Law
Kidnapping, Bank Robbery, Credit Card Fraud, Embezzlement, and
other federal crimes.
Constitutionality of a law
Cases involving the laws and treaties of the U.S.
Disputes between two or more states
Admiralty cases (Maritime)
Bankruptcy cases

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Judicial Federalism
State Courts Hear:

Most crimes
Divorce and child custody
Probate and inheritance
Real estate
Juvenile cases
Contract disputes
Personal injury
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Two Kinds of Courts

Trial Courts

Localized: Jurisdiction is
a geographic area

Appellate courts

Centralized Often at state level

More than one judge presides

One judge presides

Limited citizen participation

Citizens participate:

Decide points of law not facts.

Juries and witnesses

Were legal procedures followed?

Concerned with establishing

facts of a case: Is the person
guilty?
Decision is announced after
trial is over.
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Purpose of Trial Courts and

Appellate Courts
Trial courts establish guilt or innocence.

Appellate courts concerned that

Procedures were followed
Defense adequately defended the
person charged

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Structure of Most State Courts

Supreme Court
Appellate Court
District Court
County Court
Magistrate or Minor Court
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Texas: Layers of Trial

and Appellate Courts
Courts: 2,709

Judges: 3,366

Supreme Court and Court of Criminal Appeals

(9 Justices)
(9 Judges)
Courts of Appeals (14 courts. 80 justices)
District Courts (453 courts. 453 judges)
County-level Courts (503 courts. 503 judges)
Justice of Peace (822 courts. 822 judges) and
Municipal Courts (915 cities. 1,490 judges)
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Cameron County:
State District Judges
Eight District Courts
103rd

Judge Janet Leal

107th

Judge Ben Euresti Jr.

138th

Judge Arturo Cisneros Nelson

197th

Judge Migdalia Lopez

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Cameron County:
State District Judges
Eight District Judges
357th

Judge Juan A. Magallanes

404th

Judge Elia C. Lopez

444th

Judge David Sanchez

445th

Judge Rene E. De Coss

(Oct. 2015)

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Judicial Selection - Federal

Federal Courts
Supreme Court Justices, Appeals Court Judges and
U.S. District Court Judges are appointed by the
President, confirmed by the Senate and serve for life.
Magistrates and Bankruptcy Judges are appointed by
the Court of Appeals in each Circuit for 14-year terms.
Magistrate Judges are appointed by U.S. District
Courts for eight-year terms.
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Judicial Selection - States

States Use a Variety of Methods
Governor appoints with consent (10)
(Governor appoints for life - MA,NH,NJ,RI)

Legislature selects (2) (SC, VA)

Merit System: Governor appoints from a
list by a legal committee. Judge serves for
a set term, then stands for election. (16)
Non-partisan general election (15)
Partisan primary and general election (7)
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Texas:
How Do We Choose Judges?
The Voters Elect Them in Partisan Elections.
Trial Court Judges four year terms
Appellate Court judges six-year terms
Municipal Court Judges Most appointed by
Mayor or City Council (1,527).
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Partison Elections in Texas

Method used to select all judges, except municipal
judges, in Texas by using a ballot in which party
identification is shown. Ex:
Ballot
100th District Court Judge
Name of Candidate, Party
Name of Candidate, Party
Name of Candidate, Party
Name of Candidate, Party
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Nonpartisan Elections Not Texas

Election in which party identification is not formally
declared: Ex:
Ballot
200th District Court Judge
Name of Candidate
Name of Candidate
Name of Candidate
Name of Candidate
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Texas Wants to Elect Judges

Bills are Introduced to Change. None Pass.
1999 Several Introduced. None passed.
2001 Seven bills introduced. None passed.
2003 Six bills introduced. None passed.
2005, 2007, 2009 Bills introduced. None passed.
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How Do Voters Know

Who is Best Qualified?
Most voters go to the election booth with little
knowledge about the qualification of judicial
candidates. They often vote by:
Name Familiarity Practice of voting for judges
with familiar or popular names.

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Example: Name Familiarity

Don Yarbrough elected to Texas Supreme Court
An unknown attorney from Houston (1976)
Many thought he was the Don Yarborough,
who had run unsuccessfully for Governor
Others thought he was Ralph Yarbrough who
served in the U.S. Senate
(He was forced to resign after six months because criminal
charges were filed against him. He was convicted of perjury
and sentenced to five years in jail but jumped bond.)
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Example: Name Familiarity

Gene Kelley
Won Democratic Primary for Texas Supreme
Court seat.
Some thought he was the famous dancer and
film star from the 1950s and 1960s.
He was a retired military judge.
He lost to Republican John Cornyn after TV
commercials questioned his competency. (1990)
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How Do Voters Know

Who is Best Qualified?
Some vote a Straight Ticket.
A voter can vote for all candidates of one party
by making one mark.
Both major political parties have won and lost
judgeships though Straight Ticket voting.
Some candidates have little or no legal
experience.
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Campaign Contributions
Texas Judicial Campaign Fairness Act (1995)
Limits Contributions to Supreme Court Justices
Individuals - $5,000
Law Firms - $30,000

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Campaign Contribution Limits

Other Courts
$5,000 for candidates for courts of appeals, district
courts, if district pop. = more than 1 million.
$2,500 for candidates for courts of appeals, district
courts, if district pop. = 250,000 to 1 million.
$1,000 for candidates for courts of appeals, district
courts, if district pop. = <250,000.
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Do Contributions Influence Decisions?

1999 Poll by the Texas Supreme Court
83% of Texans think money influences judges.
Texas for Public Justice Study
State Supreme Court more likely to hear cases
filed by large contributors.
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Do Contributions Influence Decisions?

Respect for the law declines when people lose

confidence in the courts. This should be of
concern to all citizens.
- Text, Pg. 134

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Diversity in the Texas Judiciary

Are Judges Representative of Texas Population?
Male Judges
State Population

72%
49.6%

White (Non-Hispanic) Judges

State Population

79%
44.8%

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Diversity in the Texas Judiciary

Are Judges Representative of Texas Population?
Hispanic/Latino Judges
State Population

16%
38%

African-American Judges
State Population

4%
12.2%

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Diversity in the Texas Judiciary

State Supreme Court
Currently, Two Women: Debra Lehrmann
Eva Guzman
First African-American Wallace Jefferson
(2001 2013) Appointed Chief Justice in 2004.

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Diversity in the Texas Judiciary

Texas Court of Criminal Appeals
Women Four of the nine current judges
Presiding Judge Sharon Keller

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Appointive-Elective System
Many judges initially get on the court by
appointment and later stand for election.
Governor appoints judges to fill vacancies.
Appointed judges have the advantage of
incumbency if they seek election.
Some have suggested that Texas already has an
Appointive-Elective System.
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Judicial Selection:

Is There a Best System?

Citizens expect Judges to be:
Competent
Independent
Responsive

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Merit System (Missouri Plan)

Governor appoints judges from a list submitted by
a judicial committee
Appointed judge serves for a set term.
Appointed Judge stands for a retention election,
Voters decide whether to retain.
(21 states use for appellate judges.15 for trial judges.)
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Some methods of selecting judges do not always

result in the selection of qualified individuals.
Bill Day. Reprinted by permission of United Features Syndicate, Inc.
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Removing and Disciplining Judges

In Texas
Impeachment.
Supreme Court can remove any judge.
District judges can remove county judges and
justices of the peace.
State Commission on Judicial Conduct can
recommend removal of judges at all levels.
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Removing and Disciplining Judges

State Commission on Judicial Conduct
Established by the Texas Constitution
13 members: no pay, serve 6-year terms.

Texas Senate confirms all appointees.

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State Commission on Judicial Conduct

6 judges appointed by the Texas Supreme Court.
(One each from appellate, district, constitutional county,
county court at law, justice of the peace, and municipal
courts.)

Two attorneys appointed by the State Bar of Texas.

Five citizens appointed by the Governor, who are
neither attorneys nor judges.
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The Legal System

Criminal and Civil Branches
Criminal cases are brought against individuals
for violations of the law crimes against society.
Civil cases are those between individual citizens
and involve the idea of responsibilities not guilt.

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Grand Jury
Federal: U.S. Constitution requires use of grand juries to screen
cases to prevent arbitrary actions by prosecutors.
State: May use grand jury to screen criminal cases to decide
whether enough evidence exists to go to trial. Defendants lawyer
cannot be present.
Information or Administrative Hearing: Most often, the defendant
waives right to a grand jury and has a hearing before a judge.
Defendants lawyer is present.

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Texas Grand Jury

12 citizens chosen by District Court Judges.
Judge may appoint a Grand Jury Commission
of three to five to recommend members to serve.
Judge can have 20 to 75 citizens summoned,
and 12 grand jurors are selected from this group.
Most serve for six months.
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Petite Jury (Petty)

Decide both criminal and civil cases.
Sources of Jury Pool: Lists of licensed drivers
and registered voters.
Defendants have a right to trial by jury but may
choose to have only the judge decide.

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Guilty Pleas in Texas

Most people charged with a crime plead guilty.
1 million + are charged with a crime each year.
Fewer than 5,000 result in jury trials.
Person pleads guilty in exchange for a lighter sentence.
Judge can accept or reject the plea agreement.

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Getting Tough on Criminals

Plea Bargaining often is criticized.
If all 1 million+ cases went to trial each year, the
number of courts, judges and budgets would have
to be greatly increased.
More citizens would be called to serve on juries.
Most citizens would balk at the cost of a jury trial
for every person accused of a crime.
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Crime and Punishment in Texas

Texas ranks third among the 15 most populous
states in total crime per 100,000 population.
In all states, most crime is in metropolitan areas.
About 85% of Texans live in metropolitan areas.

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Crime and Punishment in Texas

A strong relationship exists between age, sex
and crime.
People below age 18 commit almost 14 percent
of crimes.
Males commit about 75% of all crimes.

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Death Penalty
In 1972, the death penalty was prohibited in the
U.S. in the Furman v. Georgia.
The Supreme Court ruled that it was unfairly
applied to many crimes and because there was a
lack of safeguards in place in many states.
Four years later, in Gregg v. Georgia, the
Supreme Court established guidelines under which
the states could reinstate the death penalty.
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Death Penalty in Texas

Texas leads the nation in executions.
Since 1976, Texas has executed 536 of the
1,431 executed nationwide. (37%) (Texas: 6 in 2016)
Second - Oklahoma with 112 (None in 2016)
Third Virginia with 111(None in 2016)
Source: deathpenaltyinfo.org

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Factors:
Large Numbers of Death Sentences
Statutes for assigning a death sentence:
Did the defendant act intentionally?
Is the defendant a future threat to society?
Standards make it easy for juries to answer yes.
Texas Court of Criminal Appeals rarely reverses a
death sentence.
U.S. 5th Circuit Court of Appeals is reluctant to
overturn verdicts.
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Death Penalty
Research produces little evidence that suggests
that the death penalty is a deterrent to crime.
In Texas, average time from sentence to
execution is 10.6 years.
One inmate spent 31 years on death row.
Some suggest that public executions might
increase power of death sentence as a deterrent.
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Public Opinion About Death Penalty

Texas
70% of Texans support the death penalty.
Nationally
60% support the death penalty.
Source: deathpenaltyinfo.org
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