Simone Lawson
The Texas Constitution has a significant impact on the state's court system, outlining the structure and jurisdiction of various courts. It establishes the Supreme Court as the highest judicial authority, with statewide appellate jurisdiction in civil, juvenile, and most criminal cases. The Constitution also defines the roles of other courts, such as the Court of Criminal Appeals, trial courts, municipal courts, and justice courts, each with its own jurisdiction and procedures. It empowers the Supreme Court and Court of Criminal Appeals to answer questions of state law and issue writs like habeas corpus. The Constitution further addresses judicial qualifications, election processes, and salaries, as well as removal procedures. Additionally, it influences court interpretations of laws on disability benefits, retirement plans, public expenditures, and property tax freezes. The Constitution's provisions shape the administration of justice and legal processes within Texas's court system.
| Characteristics | Values |
|---|---|
| Supreme Court | Consists of a chief justice and eight justices |
| Supreme Court Jurisdiction | Coextensive with the limits of the state |
| Supreme Court Powers | Issue writs of habeas corpus, mandamus, procedendo, certiorari, and such other writs |
| Court of Criminal Appeals | Has final appellate jurisdiction coextensive with the limits of the state |
| Court of Criminal Appeals Judges | Elected by qualified voters of the state |
| Trial Court Structure | Several levels, with each level handling different types of cases |
| County-level Courts | Constitutional county courts, statutory county courts, and statutory probate courts |
| Justice Courts | Located in each county, with justices of the peace serving as committing magistrates |
| Municipal Courts | Located in each incorporated city |
| County Court | Each of the 254 counties in Texas has a county court, but not all exercise judicial functions |
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What You'll Learn
Supreme Court jurisdiction
The Texas Constitution grants the Supreme Court the power to exercise the state's judicial authority, except in criminal law matters. Its jurisdiction is coextensive with the state's boundaries, and its decisions are final, except in criminal cases.
The Supreme Court has appellate jurisdiction over civil cases, including appeals from lower courts and federal circuit courts. It can issue writs of habeas corpus, mandamus, procedendo, and certiorari to enforce its jurisdiction. Additionally, it can answer questions of state law certified from a federal appellate court.
The Texas Supreme Court hears civil appeals, while the Texas Court of Criminal Appeals hears criminal cases, including death penalty appeals. The Court of Criminal Appeals has final appellate jurisdiction in criminal cases, and its decisions are final.
The Supreme Court also has the authority to make and enforce rules of practice and procedure for itself and all other state courts to expedite the resolution of cases. It can modify or suspend procedures in the event of a disaster. Furthermore, the Supreme Court plays a role in judicial training, ensuring that judges, court investigators, and visitors receive training on alternatives to guardianships and available supports and services.
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Court of Criminal Appeals
The Texas Court of Criminal Appeals is the highest criminal court in the state. It hears both mandatory and discretionary cases. The Court is composed of a presiding judge and eight judges, who are elected to six-year terms. No judge older than 74 can run for office, but sitting judges who turn 75 are permitted to remain until their terms expire.
The Court has final appellate jurisdiction coextensive with the limits of the state in all criminal cases. All cases that result in the death penalty are automatically directed to the Court of Criminal Appeals from the trial court level. The Court also has the sole authority to review applications for post-conviction habeas corpus relief in felony cases without a death penalty. Additionally, decisions made by the intermediate courts of appeals in criminal cases may be appealed to the Court of Criminal Appeals by petition for discretionary review, which may be filed by the State, the defendant, or both. However, discretionary review is not a matter of right but of sound judicial discretion.
The Court of Criminal Appeals was established by Article V of the Texas Constitution in 1876 to alleviate the heavy civil caseload of the Supreme Court of Texas. It was originally composed of three judges, but in 1978, a constitutional amendment increased the size of the Court to nine judges.
The Court of Criminal Appeals and the Supreme Court have the jurisdiction to answer questions of state law certified from a federal appellate court.
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Trial court structure
The Texas Constitution outlines the structure of the state's trial court system, which has several levels, each handling different types of cases. The state trial court with general jurisdiction is the district court. Below this are the county-level courts, which include constitutional county courts, statutory county courts, and statutory probate courts. Each county has at least one justice court, and each incorporated city has municipal courts.
The Texas Constitution grants the Legislature the power to create municipal courts in every incorporated municipality. Municipalities can also establish municipal courts of record, which handle appeals from municipal courts. If these courts do not exist in a county or municipality, appeals go to a county court at law.
The Texas Constitution stipulates that each county must be divided into precincts, with at least one justice of the peace elected in each. The justice of the peace can serve as a committing magistrate, with the authority to issue warrants and apprehend or arrest charged persons. They may also act as a coroner, notary public, and perform marriage ceremonies.
The County Court, as outlined in the Texas Constitution, is a court of record with a county judge elected by the county's qualified voters. This judge must be well-versed in state law and act as a conservator of the peace.
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Municipal court appeals
The Texas court system is bifurcated, meaning there are two highest courts of appeals for criminal and civil cases. The state trial court of general jurisdiction is known as the district court, and there are municipal courts located in each county. Trials in municipal courts are not usually "of record", and many appeals go to the county court, county court at law, or district court by a trial de novo. Appeals from municipal courts of record are heard in the county criminal courts, county criminal courts of appeal, or municipal courts of appeal. If none of these courts exist in the county or municipality, appeals go to a county court at law.
County courts generally have appellate jurisdiction over cases tried originally in justice and municipal courts. Original and appellate judgments of the county courts may be appealed to the courts of appeals. There are 15 courts of appeals with intermediate appellate jurisdiction in Texas. The First through Fourteenth Court of Appeals have jurisdiction in a specific geographical region of the state, while the Fifteenth Court of Appeals has statewide civil intermediate appellate jurisdiction and exclusive intermediate appellate jurisdiction over matters related to civil appeals brought by or against the state.
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Judicial districts
The Texas Constitution provides for a county court in each of the 254 counties of the state. However, not all of these courts exercise judicial functions. In more populated counties, the county judge may focus on county government administration. The Constitution limits each county to a single county court, but the Legislature has created statutory county courts at law in more populous counties to aid the single county court.
The Texas Constitution requires that each county in the State establish between one and eight justice of the peace precincts, depending on the population of the county. Depending on the population of the precinct, either one or two justice of the peace courts are to be established in each precinct. County courts at law usually have appellate jurisdiction in cases appealed from justice of the peace and municipal courts.
The district courts are the trial courts of general jurisdiction in Texas. The geographical area served by each court is established by the Legislature, but each county must be served by at least one district court. In sparsely populated areas, several counties may be served by a single district court, while an urban county may be served by many district courts. District courts have original jurisdiction in felony criminal cases, divorce cases, cases involving the title to land, election contest cases, civil matters in which the amount of money or damages involved is $200 or more, and any matters in which jurisdiction is not placed in another trial court.
One of the most unusual features of Texas trial courts, including district courts, is the tradition of having only one judge per trial court. Single-judge trial courts were the dominant form of American state trial court organization well into the late 19th century. In 1836, this then-commonplace model was written into the Constitution of the Republic of Texas. Section 2 of Article IV provided for "not less than three nor more than eight" judicial districts, and that "a judge" would be appointed for each district.
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Frequently asked questions
The Texas court system has several levels, with each level handling different types of cases. The state trial court of general jurisdiction is the district court. County-level courts include constitutional county courts, statutory county courts, and statutory probate courts. There is also at least one justice court in each county and municipal court in each incorporated city, respectively.
The Supreme Court of Texas was first established in 1836 and currently consists of one chief justice and eight associate justices. It has statewide, final appellate jurisdiction in most civil and juvenile cases. Its caseload includes determining whether to grant a review of the final judgment of a court of appeals.
The Court of Criminal Appeals has final appellate jurisdiction coextensive with the limits of the state in all criminal cases. Appeals of cases in which the death penalty has been assessed go directly to the Court of Criminal Appeals, while other criminal cases are appealed to the Courts of Appeal.
