Texas judicial system
From Wikipedia, the free encyclopedia
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.
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[edit] Municipal and Justice of the Peace Courts
Each county is required to have at least one justice of the peace (JP) court; the most populous counties may have as many as 16 (the county is divided into between one and eight precincts, and each precinct may have either one or two JP's). These courts handle small claims cases exclusively, issue marriage licenses exclusively, and handle "Class C" misdemeanor cases (these involve fines only, no jail time) on an exclusive basis in all areas except those where a city has a municipal court; in those instances jurisdiction is concurrent (shared; generally, if a local officer issued the citation, the municipal court hears the case, while if a deputy sheriff or state law enforcement officer issued the citation, the JP court hears the case). In addition, the JP serves as coroner for areas with no provision for a medical examiner (generally rural counties).
The Legislature allows for the creation of municipal courts in each incorporated city in Texas, by voter approval creating such court. Within the city limits, these courts have shared jurisdiction with the JP courts only on Class C misdemeanor cases and on civil cases involving dangerous dogs, and have exclusive jurisdiction on cases involving city ordinances.
JP and municipal court cases are appealed to the county level.
Previously, many of the municipal courts were not "courts of record" (i.e., no written transcript of the proceedings was taken), and thus an appeal to the county level would require a whole new trial (i.e., a trial de novo). This proved to be a loophole for some defendants in traffic cases, betting on the officer not being able to attend, thus having the case tossed. However, many municipal courts have chosen to become courts of record (this also requires voter approval) to close this loophole.
[edit] County Courts
The Texas Constitution requires each county to have a single constitutional county court. This court presided over by a "county judge", who is elected at-large by the voters of the county. The county court has appellate jurisdiction over JP and municipal court cases (for municipal court cases, this may involve a trial de novo if the lower court is not a "court of record"), exclusive jurisdiction over "Class A" and "Class B" misdemeanors (these offenses can involve jail time), and concurrent jurisdiction over civil cases where the amount in controversy is moderately sized.
Since the county judge is also responsible for presiding over the Commissioners Court (the main rulemaking body of the county), in most counties the Texas Legislature has established county courts at law which serve as the constitutional county court in specified areas of jurisdiction.
In another unique twist, the Constitution grants the Legislature the authority to determine which court handles probate matters. Thus, in ten of the 15 largest counties, the Legislature has established Statutory Probate Courts, which handle matters of probate, guardianship, and mental health commitments to a state mental hospital.
[edit] District Courts
The state trial courts of general jurisdiction are the district courts. The district court has exclusive jurisdiction on felony cases, as well as divorce cases, cases involving title to land, and election contest cases. It shares jurisdiction with the county courts, and in some case justice of the peace courts, for civil cases (its lowest limit for hearing a case is a mere $200 in controversy, while JP courts can hear cases up to $5,000). In a "catchall" provision it hears all cases "in which jurisdiction is not placed in another trial court".
Some smaller counties share a district court; the larger counties have multiple district courts, which in some cases specialize in civil, criminal, family law or juvenile matters.
Unlike the lower levels, district court judges are required to have law degrees. Due to this, defendants in county courts, where the judge does not have a law degree, may elect to have their cases transferred to a district court to be heard by a judge with a law degree [1]. Also, district courts do not have any appellate jurisdiction.
Moreover, district judges may remove county officials [2], officials of a general-law municipality [3], and municipal court judges [4] under certain circumstances.
[edit] Texas Courts of Appeals
Texas has 14 Courts of Appeals, which have intermediate appellate jurisdiction in both civil and criminal cases.
Each court has between three and 13 justices (there are a total of 80), the number is set by statute. All cases are heard by a three-justice panel unless a hearing en banc is ordered. The Texas Legislature determines which counties are assigned to a court, and has shifted counties between courts to balance the docket.
Death penalty cases are automatically appealed to the Texas Court of Criminal Appeals and bypass this level.
In yet another unique twist, two of the fourteen courts are located in Houston (the 1st and 14th Courts), both having concurrent jurisdiction over the same counties (cases are to be assigned on a random selection basis but may be moved in order to equalize the docket).
1st - Houston
2nd - Fort Worth
3rd - Austin
4th - San Antonio
5th - Dallas
6th - Texarkana
7th - Amarillo
8th - El Paso
9th - Beaumont
10th - Waco
11th - Eastland
12th - Tyler
13th - Corpus Christi/Edinburg
14th - Houston
[edit] Texas Court of Criminal Appeals and Texas Supreme Court
Texas has a bifurcated appellate system at the highest level.
Appeals on civil cases are heard by the Texas Supreme Court, which also maintains responsibility for licensing attorneys and attorney discipline.
The Texas Court of Criminal Appeals hears appeals on criminal cases. Cases in which the death penalty was imposed are directly and automatically appealed to this court, bypassing the intermediate appellate court.
Jurisdictions are not shared between the two; all civil cases go to the Texas Supreme Court while all criminal cases go to the Texas Court of Criminal Appeals.
Oklahoma is the only other state with this type of appellate system at the highest level.
