In Texas, the Judicial Branch of government contains five different levels of judges; however each distinct type adheres to different qualifications. The lowest level of judges, Justice of the Peace courts, requirements include the completion of a 40 hour course pertaining to their responsibilities within a year of their election, and to continue serving their 4 year term, each year the elected Justice of the Peace official is to complete a similar 20 hour course. Next is the Municipal Courts, whose requirements are set by the people of the city and term length is also 4 years. Succeeding is County level courts which include Constitutional County Courts, Statutory County Court and Probate Courts. For Constitutional County Courts, the term length is 4 years and the only qualification is that the candidate be “well informed in the law of the state”. …show more content…
Qualifications for District Courts include being between the ages of 25 and 75, a United States citizen, a resident of Texas, licensed to practice law in Texas, a resident of the given district for at least 2 years prior to election, and have practiced law or served as a state judge for at least 4 years, with a term length of 4 years. The final level of courts is the Appellate Courts which include the Supreme Court, the Courts of Criminal Appeals and Courts of Appeals. To serve as a judge on any of the appellate courts the candidate must be both a United States citizen and a resident of Texas, between the ages of 35 and 75 years old, licensed to practice law in Texas and be a practicing lawyer and or judge for at least 10 years, with a term length of 6
In my analysis of the Texas Constitution I will assess the three branches of our State Government, the Legislative Branch, Executive Branch and finally the Judicial Branch. Our State Government resembles our National Government in various ways but also in very different ways which we will review in this essay. I will identify a handful of criticisms and problems associated with the provisions in each of these branches of our State Government and identify suggested reforms that many feel are needed.
In Texas the highest elected executive office is the Governor. The governor serves as the chief executive of state and his term lasts for four years. To become governor one must be thirty years old, have been a resident of Texas for five years, be a United States resident at that, and be registered to vote in Texas.
Constitutional Court Judges also receive tenure, meaning they have their office for life. Article III judges remain in office until they are removed from office, retire, or die. Special Court Judges do not have
1. Should the Texas Legislature continue to serve as a part-time lawmaking body, only meeting in regular session for 140 days every two years, or should it change to a full-time body meeting in regular session each year?
In Texas, the Judicial system is made of up judges whose jurisdiction ranges from municipal, county, probate, district, and justice of the peace courts, each of which undergoes an election process, one which is the same for each judge, expect for the municipal. An advocate for another system, Wallace Jefferson, firmly believes that an appointment system should take place for all judges to assure that those who are put into a position are done so based off of merit and qualification. However, given the current system, judges, per say those who wish to serve on a district court, must adhere to these requirements. Judges must be a U.S. citizen, a resident of Texas, have been practicing law as a lawyer or state judge for at least four years, be between the ages of 25 and 75 and be a resident of their respective judicial district for two years, minimum.
When a judge is selected through executive appointment, the governor or legislature from the state they are in will choose them from a large selection of possible candidate. Traditionally, this process gives all of the power to appoint a judge solely to the governor. This process is the least effective of all three. There are zero states who still solely practice this method traditionally and there is a good reason for that. Essentially, the governor of a state can purely pick any eligible candidate. A governor could appoint someone that would help them further their political agenda. This is not a reasonable way to select a good candidate. There has to be regulations and systems in place that choose the most qualified candidate. Many states utilize executive appointment but have added methods to keep the governor in check. For example, in New Jersey a governor can
The core function of the Texas Legislature is to formulate and enact laws. Apart from the enactment of laws, the legislative body is also mandated with the functions of shaping the state’s political agenda, performing checks and balances on state of the state’s government, pass the state’s budget, as well as oversee the functions of the administration. Similarly, the body also sets the critical details or a court’s organizational procedures when it comes to matters that pertain to impeachment and court disputes regarding election petitions. It is equally important to mention that the body is also mandated with the function of informing and educating the electorate regarding the critical functions the body is required to deliver to the people as provided for by the laws of the State of Texas (Dautrich and Yalof 684).
In 1822, Stephen F. Austin established one of the first courts in Texas and appointed a provisional justice of peace. Since Texas was a part of Mexico at the time, the Mexican governor replaced the justice of peace with three elected officials. (Utexas) Soon after Independence, the republic of Texas under the 1836 Constitution, established a supreme court and allowed Congress to create inferior courts. Judges in such courts were to be elected by Congress. Counties, at the time, had County and Justice of Peace courts, whose judges were popularly elected. With the entrance of Texas into the Union and the adoption of numerous constitutions during the period, Texas retained a similar judicial structure. The current 1876 Constitution created a
Each state within the United States of America (USA) has its own unique judicial selection process within its court system. The judicial processes vary from court to court depending on a particular state. This paper analyses these processes, the qualifications for selecting the judges and the steps for removing judges from office, as it applies in the USA states of New York and Texas.
There are numerous varieties of election races in Texas. The state Constitution and the political society in Texas together have made a framework of our legal system that welcomes Texans to pick applicants for a great numerous public offices in all levels of the government inside the state. The Constitution needs direct election for different state offices inside the executive branch and inside the legal system of the judicial branch, likewise with respect to various county level offices. A few legislative activities oblige changing the Constitution, that also needs special established constitutional amendment elections. Numerous metropolitan and other local offices are filled
Texas throughout its history, after becoming a state by gaining its independence from Mexico in the 1840s, has been democratic. “Final quarter of the nineteenth century, conservative Democrats maintained control of the state (9)”, but their ruling was based on white supremacy. Peoples race, ethnicity, gender, slavery, and socioeconomic status were major key point determinants in whether you had a say in politics. Any acts that were seen as rebellious such as the labor unions, were not acceptable they were seen as “abominations (pg 9)”, also any other political parties were seen as threats because they did not share the same ideology. It wasn’t until the 1950s when Texas became politically diverse. It was demonstrated that Liberals could win
The judicial selection process can be complicated at times, and different states have different stipulations as to what needs to be required to be a judge. In recent years, proposals have been introduced by legislators, governors, courts, and citizens' groups in nearly every state to limit the role of politics in the selection of state judges (global reach com, 2016). In numerous states, there is more than one method used when it comes to selecting a judge. The judicial process in the state of Alabama requires special schooling and obligations to become a judge. Judges in Alabama are selected in the partisan balloting (globalreachcom, 2016). The Alabama Constitution implements necessary qualifications before an individual is selected to be a judge.
State court judges are selected in a variety of ways, including being selected by the governor of that State in which they reside or by the state legislature. In some cases, judges are able to run for election if they want to be a judge.
Constitutions are a necessary tool in keeping a Nation running in a smooth manner. One is also necessary in keeping the components, which are states, running in an ordered way. The constitution of Texas has a long historical trail from 1827 to 1876 and there are many events that occurred during this time period. The current Texas constitution has many strengths and weaknesses and there have been revisions made to this document. This document limits the way government can be involved in certain problems that arise in Texas. The Texas constitution is a document with positives and negatives but it is definitely a necessity.
The Texas judicial system has been called one of the most complex in the United States, if not the world. It features five layers of courts, several instances of overlapping jurisdiction, and a bifurcated appellate system at the top level. The structure of the system is laid out in Article 5 of the Texas Constitution.