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The Texas Judicial System

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.

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The Texas Judicial System

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  1. The Texas Judicial System

  2. Texas is Special and Especially Confusing • Many types of courts • Special courts • Overlapping jurisdiction • Elected judges

  3. The Most Jury-Happy State in the Nation • 1876 Constitution • You get a jury for everything in Texas • 6 or 12 members

  4. The importance of being a juror • Direct participation in democratic government • Voting • Juror • $40 a day

  5. Taking a Trip Through the Courts • Big flag decal • Rear window • Transportation Code

  6. A Constitutional Question • 1st Amendment right • Political speech vs. • Police Power • Legislative acts • Public safety

  7. 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

  8. Municipal CourtUrban Areas • Like J.P. Courts, but. . . • Judges are lawyers • Court reporters • Only criminal cases

  9. Jury Verdict • Safety over Speech • Guilty

  10. County Court • Mid-level trial courts • Class A & B misdemeanors • Appeal of J.P. & Muni guilty verdicts • Civil cases– $200-10,000

  11. Appeals to County Court • What do you get? • Retrial from J.P. because no record • Appellate review on record from Muni court

  12. Original TrialsCounty Court • DWI, assaults, shoplifting, possession of marijuana, etc. • 6 person jury

  13. District Courts • “Big” cases • Felony crimes • Complex civil cases • Juvenile court

  14. These are really important • 12 person juries • Capital murder trials • Election contests

  15. Recap • 3 levels of trial courts • Low: JP & muni • Mid: County courts • High: District courts

  16. What trial courts have in common • Witnesses • Juries • Umpire judges • Court reporters (except JP)

  17. 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.

  18. Court of Appeals • 3 judge panels • Review record • Read briefs- very long. • Hear oral arguments, but not often. • Write an opinion- all are online.

  19. 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.”

  20. 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

  21. Texas Supreme Court • Civil cases only • Includes juvenile cases • 9 members • Statewide election & jurisdiction

  22. Texas Court of Criminal Appeals • Criminal cases only • Death penalty—direct • 9 members • Statewide election & jurisdiction

  23. Common Features • Choose what to hear • Less than 10% • Briefs, oral arguments, written opinions • All 9 judges hear all cases

  24. 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.”

  25. 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

  26. THE END

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