Essay on The Texas Judicial System

    The state intermediate courts hear appeals from the trial court (Goldman and Cheeseman 10). These courts review the record from the trial court to determine errors that can ultimately modify or reverse the decision in a case. The highest state courts (commonly known as

The main function of the judicial branch in Texas is the same as the federal judicial branch: to interpret the laws. By doing this the Texas judicial branch settles disputes, determines whether those who have been charged with violating the law are guilty or innocent, and settles the

Our government here in Texas has three major parts that play a significant part in our decision making process. These levels

The next step in the ladder is the District Court; like the Local Court, it has both Criminal and Civil Jurisdiction, however it hears most indictable offences in jury trials. The Supreme Courts Trial Division has original civil and criminal jurisdiction, but it only hears the most serious of criminal cases (like murder or terrorism). Additionally, its’ Court of Appeal hears direct appeals from the District Court and Supreme Court trial division – it usually only hears appeals regarding questions of law and not fact.

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.

The federal judiciary is straightforward and methodical, with three levels of courts which include, district courts, appeals courts, and the U.S. Supreme Court, the last word on all statutory and protected matters. Every single elected judge is appointed, not elected, and Supreme Court judges are selected forever, with the plan of expelling the judiciary from the pressure of electoral politics permitting insurance of minority interests in government system intended to rule. Interestingly, the Texas Judiciary is very confusing. The Texas Constitution builds up six types of courts, some of which have simultaneous or overlapping jurisdictions. Compared with the federal system one Supreme Court, the Texas Constitution builds up two high courts, one to hear common cases and one to settle criminal cases. Additionally, in the convention of Jacksonian Democracy, all Texas judges must battle with electoral politic issues and win their positions in partisan

The Texas and the U.S constitution are very similar in principle, a constitution in the book is defined as “the legal structure of a government, which establishes its power and authority as well as the limits on power.”(pg.71) This definition sets the basis of which the Texas and U.S consititution are based on, essentially they are a governing document. In addition there are five major ideologies that unite both constitutions. The first, is political power being derived from ‘the people’. This may be done through our voting system. Second, Three separate branches of government (division of political power) these are the executive, legislative, and judicial branches. Third, the governing document has a system created to ensure that no branch, party, or person may abuse their duty or responsibility; also known as the system of “checks and balances”. Fourthly, the idea of individual rights; “the concern for preventing the emergence of tyranny is also found in the fourth idea”(pg.71) and Finally the concept of federalism, which is a system of power is divided within the government, that included and central government, and many more regional (by area)

At the County level, three types of courts exist, the first of them being Constitutional County Courts. The state constitution creates one Constitutional County Court in each of the 254 Texas Counties. Constitutional County Courts have concurrent jurisdiction with Justice of Peace Courts and State District Courts in small civil matters. Constitutional County Courts

First with their supreme courts. In Texas, its supreme court is one court with nine justices. It is civil and juvenile cases only (Champange 292). For Virginia, their supreme court is a chief justice and six other justices. However, Texas and Virginia’s supreme courts differ because Virginia’s supreme court is not directly linked with the civil and juvenile cases, that it part of the circuit courts (“Introduction to Virginia’s Judicial System” 1).

Mandira Pandey Professor Sherifian GOVT 2306-73004 1 May 2017 Local control in Texas The government of Texas is composed of entire democratic state government which uses municipal levels and dillion rule. It works beneath the constitution of Texas. The government of Texas is divided into three branches i.e. 1 executive legislative and judiciary. Executive for carrying out laws. Whereas, legislative for making laws. Likewise, judiciary branch aims for interpreting laws.

The Texas government overall ensures more limits on government because the constitution was written in direct response to Reconstruction and the actions of E. J. Davis. For example, the legislature meets every other year unless rare special sessions are called. The United States government’s legislative branch, on the other hand, meets once every year. Financial dealings associated with Texas sessions are subject to the comptroller of public accounts, an elected position within the executive branch rather than the legislative branch. This shows how the Texas government sought to further limit power associated with just one branch. In addition, Texas executive branch is a plural executive in which there are five elected officials and one appointed official. The excess of elected officials is also found in the judicial court system. The Texas court systems further differs from that of the United States in that it is bifurcated. Rather than the United States’ one supreme court, Texas has two higher courts for different

“The majority of the cases heard by this court are appeals from appellate rulings by the intermediate Courts of Appeals. The Supreme Court of Texas also has the authority to make legal determinations in instances in which no other court has jurisdiction-basically anything that does not fall under the jurisdiction and responsibilities of other courts becomes the responsibility of the Supreme Court. It can also issue order to enforce its jurisdiction as the highest civil court in the state.” (university of Texas at Austin , 2016) The court also has a lot of other duties. They make rules on trials and appeals. The Court of Criminal Appeal also do this but the difference is the type of cases they hear. They have more duties than the Criminal Court of Appeals. “These include establishing the rules of administration for the Texas judicial system, as well as the rules of operation of the state Office of Court Administration, the Commission on Judicial Conduct, the State Bar of Texas, and other state agencies in the judicial branch of government.” (university of Texas at Austin , 2016) This in my opinion, makes the Supreme Court of Texas the most powerful court in

In the state of Texas, each county is governed by five-member Commissioners Courts, which consists of a County Judge and four Commissioners. The County Judge has no veto authority over the decisions of the Court; they have one vote along with the other Commissioners. Generally in smaller counties, the County Judge also performs judicial functions, while in larger counties their role is limited to the Court system. Elections are based on the political parties, such as Democrat, Republican, Independent and sometimes Libertarian. Counties do not have home rule authority because their authority is strictly limited by the State. Texas counties, merely exist to deliver specific types of services at the local level as prescribed by state law,

In contrasting the size of the federal and state systems, the federal system is much smaller, with the State courts handling the bulk of the nations judicial business. There are thirteen federal appellate courts (also known as US courts of appeal) spread through out the country, and in each state there is at least one district court. In contrast, different types of trial, appellate, and special courts exist in each state. Federal and state courts tend to handle similar cases; however, there are some cases that each system handles exclusively. For example, bankruptcy cases fall under federal jurisdiction, while the majority of criminal and civil

.tx.us/AboutCourt.htm). It is not allowed to hear criminal cases. These cases are the responsibility of the Court of Criminal Appeals is the highest state jurisdiction for criminal appeals. All cases in which the death penalty has been sentenced, the case is automatically sent to the Court of Criminal Appeals (cca.courts.state.tx.us/). Also, the Court may choose on its own to hear a case. It consists of nine members, a Presiding Judge and eight associate Justices. The judges who serve on appeals courts are collectively known as appellate justices. The Chief Justice of the Texas Supreme Court is Thomas Phillips (supreme.courts.state.tx.us/justices.htm). The court is comprised of five white males, three white females, and one African-American male (http://www.supreme.courts.state.tx.us/AboutCourt.htm). In addition to the