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GOVT 2306

GOVT 2306. The Texas Judiciary Constitutional Design. In this section we walk through the various sections in Article 5 of the Texas Constitution . These establish the constitutional structure of the Texas Judiciary.

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GOVT 2306

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  1. GOVT 2306 The Texas JudiciaryConstitutional Design

  2. In this section we walk through the various sections in Article 5 of the Texas Constitution. These establish the constitutional structure of the Texas Judiciary.

  3. Click here for the State Legislative Library’s detailed overview of the history of Article V of the Texas Constitution.

  4. We looked at some of its language in the previous. Here we plow through the bulk of it in order to understand what the section contrains.

  5. As stated repeatedly, the Texas Constitution is far more detailed than the US Constitution.

  6. Article 3 of the US Constitution, which establishes the federal judiciary contains 3 sections and 375 words. It was modified in the 11th Amendment. The federal judiciary has been designed and redesigned over time in various judiciary acts.

  7. Article 5 of the Texas Constitution contains 31 sections and 8,528 words

  8. And here we go . . . .

  9. Sec. 1.  JUDICIAL POWER; COURTS IN WHICH VESTED.

  10. The judicial power of this State shall be vested in one Supreme Court, in one Court of Criminal Appeals, in Courts of Appeals, in District Courts, in County Courts, in Commissioners Courts, in Courts of Justices of the Peace, and in such other courts as may be provided by law.The Legislature may establish such other courts as it may deem necessary and prescribe the jurisdiction and organization thereof, and may conform the jurisdiction of the district and other inferior courts thereto.

  11. This is the vesting clause. We’ve noted that all sections which establish the branches begin with similar terminology.

  12. Seven specific courts are established constitutionally. Other courts may be established, or can be authorized – municipal courts are one example. Recall this diagram from the previous set of slides from Texas Courts Online:

  13. From the previous set of slides you should know which are appellate courts and which are trial courts.

  14. Links to each will be provided below:

  15. Sec. 1-a.  RETIREMENT, CENSURE, REMOVAL, AND COMPENSATION OF JUSTICES AND JUDGES; STATE COMMISSION ON JUDICIAL CONDUCT; PROCEDURE.

  16. This sets a 75 year old retirement age for Texas judges. They can complete their term of office if they turn 75 during that term. Click here for Judgepedia’s page listing the retirement ages for judges of different states and the debate regarding judicial retirements. Are they a good idea? Is 75 an appropriate age?

  17. It also establishes the State Commission on Judicial Conduct“that is responsible for investigating allegations of judicial misconduct or judicial disability, and for disciplining judges.” It has the power to censure or remove judges in the state.

  18. Any judge can be “removed from office for willful or persistent violation of rules promulgated by the Supreme Court of Texas, incompetence in performing the duties of the office, willful violation of the Code of Judicial Conduct, or willful or persistent conduct that is clearly inconsistent with the proper performance of his duties or casts public discredit upon the judiciary or administration of justice.”

  19. The Texas Code of Judicial Conduct contains the “precepts that judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to enhance and maintain confidence in our legal system.”See: The Texas Center for Legal Ethics, and: Texas Legal Ethics Resources.

  20. Much of this section details the process for removing judges from office. Given the severity of the effort, the process is very involved.

  21. The American Judicature Society outlines different ways that judges can be removed from office in the states.

  22. Here are recent stories regarding investigations of judges in Texas: - Judge Is Censured Over Remark on Homosexuals.- A "Public Warning" for Criminal Court of Appeals Judge.- Texas Judicial Panel Investigates Beating Video.It doesn’t happen that often.

  23. Sec. 2.  SUPREME COURT; JUSTICES; SECTIONS; ELIGIBILITY; ELECTION; VACANCIES.

  24. Sec. 3.  JURISDICTION OF SUPREME COURT; WRITS; CLERK.

  25. Sec. 3-b.  APPEAL FROM ORDER GRANTING OR DENYING INJUNCTION

  26. These sections establish the design of the Texas Supreme Court and detail its jurisdiction.This is the court with final appellate jurisdiction in civil and Juvenile cases.

  27. Websites: Texas Supreme CourtJudgepedia: Texas Supreme Court

  28. Meet your TSC Justices (as of summer 2012)

  29. A quick look at the language of this section:

  30. - It is composed of one Chief Justice and eight Associate Justices. Five are necessary to have a quorum and do business.- Only people licensed to practice law in Texas, and who have practiced for at least 10 years and are at least 35 years old can serve on it.- Members are elected for overlapping six year terms, and can be compensated for their services. (This is not in the Constitution, but the Chief Justice earns $152,000, the Associate Justices earn $150,000).

  31. - It has appellate jurisdiction, which is final over all matters except criminal law matters.- The legislature can grant it original jurisdiction to issue writs of mandamus and habeas corpus, among others writs. - They have the power to obtain matters of fact if necessary.

  32. A quick qualifier regarding elections. In the section on the executive we noted that the governor can appoint justices and judges to vacancies. Sometimes they will resign from office prior to an election in order to allow the governor to make appointments. We will discuss this and other matters related to judicial elections in a separate section.

  33. Sec. 3-c.  JURISDICTION TO ANSWER QUESTIONS OF STATE LAW CERTIFIED FROM FEDERAL APPELLATE COURT

  34. (a) The supreme court and the court of criminal appeals have jurisdiction to answer questions of state law certified from a federal appellate court.(b)  The supreme court and the court of criminal appeals shall promulgate rules of procedure relating to the review of those questions.

  35. This establishes a relationship between the federal and state courts. If a federal court has a question related to state law, either of the two top appellate courts can answer them in a process they create.

  36. Sec. 4.  COURT OF CRIMINAL APPEALS; JUDGES

  37. Sec. 5.  JURISDICTION OF COURT OF CRIMINAL APPEALS; TERMS OF COURT; CLERK.

  38. These sections establish the design of the Texas Court of Criminal Appeals and detail its jurisdiction.This is the court with final appellate jurisdiction in criminal cases.

  39. Links: Texas Court of Criminal AppealsJudgepedia: Texas Court of Criminal Appeals

  40. Here are its members, awful picture.

  41. A quick look at the clauses in these sections:

  42. - It is composed of eight Judges and one Presiding Judge, and are to have the same qualifications and benefits as members of the Texas Supreme Court.- They are elected to six years terms, as are members of the Supreme Court.- Judges can hear cases in panels of three, with two constituting a quorum.

  43. - The Presiding Judges can convene the court to hear cases en banc (all nine judges present). The court has to meet en banc for capital punishment cases.- The court has final jurisdiction within the states on any matter of criminal law. - The court can issue writs of mandamus and habeas corpus among others.

  44. Death penalty cases are automatically appealed to the Court of Criminal Appeals.

  45. Sec. 5a.  SUPREME COURT, COURT OF CRIMINAL APPEALS, COURT OF APPEALS; CLERK OF COURT; TERMS.

  46. Sec. 5b.  SUPREME COURT, COURT OF CRIMINAL APPEALS; LOCATION; TERM

  47. All appellate courts can appoint a clerk who serves for four years, though can be removed for good cause.- Texas Supreme Court Clerk’s Office- Texas Court Clerks Association- Clerks of the Texas Courts

  48. The courts can sit anywhere they choose, and their year begins and ends with the calendar year.

  49. Sec. 6.  COURTS OF APPEALS; TERMS OF JUSTICES; CLERKS.

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