Eleanor Finch
The Texas judicial system has been described as 'complex, with an unusual bifurcated appellate system at the top level. The Texas court system is set up as a bifurcated system, meaning there are two highest courts in the state – one for criminal matters and one for civil and juvenile cases. The Texas Supreme Court hears appeals involving civil matters, while the Texas Court of Criminal Appeals hears appeals involving criminal matters. The Texas Constitution provides for a county court in each of the 254 counties of the state, with municipal courts in each incorporated municipality.
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What You'll Learn
The Supreme Court of Texas
The Supreme Court's caseload can be divided into three categories: determining whether to grant a review of the final judgment of a court of appeals, exercising its administrative powers, and hearing appeals involving civil matters. Municipal courts are the most active courts, with county courts and district courts handling most other cases and often sharing the same courthouse.
The Texas judicial system has been described as "complex," with an unusual bifurcated appellate system at the highest level. This means that the Supreme Court of Texas has final appellate jurisdiction over civil disputes, while the Court of Criminal Appeals has final jurisdiction over criminal matters, including the state's capital docket.
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Court of Criminal Appeals
The Texas Court of Criminal Appeals (CCA) is the highest state court for criminal appeals and is based in the Supreme Court Building in Downtown Austin. The Court of Criminal Appeals has final jurisdiction over all criminal matters, including the state's capital docket, except for juvenile proceedings, which are considered civil matters.
The Court of Criminal Appeals was established in 1876 as the Court of Appeals, with three elected judges and jurisdiction over all criminal cases and civil cases tried by county courts. In 1891, a constitutional amendment changed the court's name to the Court of Criminal Appeals and limited its jurisdiction to criminal cases. The number of judges was also increased to nine: one presiding judge and eight associate judges.
Over the years, the Court of Criminal Appeals has continued to grow, with five judges in 1967 and nine judges in 1978, including the presiding judge. The Court's caseload consists of both mandatory and discretionary matters. 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 jurisdiction over the mandatory review of applications for post-conviction habeas corpus relief in felony cases without a death penalty.
The Texas Court of Criminal Appeals plays a crucial role in the state's justice system, ensuring that criminal matters are heard and resolved at the highest state level. The Court's establishment and evolution reflect the state's commitment to providing a fair and efficient appeals process for criminal cases in Texas.
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Municipal Courts
The Texas judicial system has been described as "complex," with "no order or symmetry," and even "byzantine." One of the defining features of the system is the bifurcated system of appellate review at the highest levels. In Texas, the Supreme Court has final jurisdiction over civil and juvenile matters, while the Court of Criminal Appeals has jurisdiction over criminal matters.
Municipal court cases are generally appealed to the county court level. However, they cannot be appealed beyond this level unless the fine is more than $100 or a constitutional matter is asserted. Appeals from municipal courts of record are heard in the county criminal courts, county criminal courts of appeal, or municipal courts of appeal. If these courts do not exist in the county or municipality, appeals are directed to a county court at law.
The Justice of the Peace Court, also known as the Justice Court or JP Court, is the lowest court level in Texas. Each county has at least one JP Court, and their duties are outlined in the Texas Government Code. JP Courts have original jurisdiction in criminal matters involving misdemeanors punishable by a fine only (Class C misdemeanors) and exclusive jurisdiction in civil matters where the amount in controversy is $200 or less.
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County Courts
The Texas judicial system has been described as "complex," with "no order or symmetry," and an "anachronism." One of the defining features of the Texas system is its bifurcated system of appellate review at the highest levels.
The Texas Constitution provides for a county court in each of the 254 counties of the state. Each county is constitutionally limited to a single county court and judge. These county courts are trial courts with concurrent jurisdiction over many cases with the district courts. The jurisdiction of statutorily-created county courts at law may be concurrent with the jurisdiction of the county and district courts in the county. In most of Texas, the county constitutional court has original jurisdiction over probate matters. However, in a few counties, the Legislature has created probate courts to share jurisdiction over probate matters with the constitutional county court.
In counties with larger populations, the Legislature has created statutory county courts at law to aid the single county court in its judicial functions. These courts are established by individual statutes and vary widely in scope.
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District Courts
The Texas judiciary is structured under Article 5 of the Constitution of Texas, with further definitions provided by the Texas Government Code and Texas Probate Code. The system is complex, with many layers of courts, overlapping jurisdictions, and differences between counties.
Each district court is uniquely numbered based on its sequence of creation by the Legislature, rather than geographical location. These courts can exercise concurrent jurisdiction over an entire county, and they often share courthouses and clerks to save money, as allowed by an 1890 Texas Supreme Court case. However, each court is legally constituted as a separate entity, differing from the structure in most other U.S. states, where a single trial court has multiple judges acting under the same court name.
In June 2023, an Act was signed into law by Texas' governor, creating the Texas Business Court as a trial-level business court. This court is separate from the district court, removing certain types of cases from the district court dockets.
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Frequently asked questions
The bifurcated appellate system in Texas refers to the two highest courts of appeals for criminal and civil cases. The Texas Supreme Court hears appeals involving civil and juvenile matters, while the Texas Court of Criminal Appeals hears appeals involving criminal matters.
The Texas court system has several layers of courts with overlapping jurisdictions and differences between counties. Municipal Courts are the most active courts, with County Courts and District Courts handling most other cases. Other courts include Justice of the Peace Courts (also called Justice Courts or JP Courts), Probate Courts, and Constitutional County Courts.
Municipal Courts have original and exclusive jurisdiction over violations of city ordinances, concurrent jurisdiction with Justice Courts in certain misdemeanor criminal cases, and concurrent jurisdiction over truancy cases. They also handle traffic tickets, low-level criminal offenses, and civil cases involving small claims.
The Texas Supreme Court has final appellate jurisdiction over civil and juvenile matters, while the Court of Criminal Appeals has final jurisdiction over criminal matters, including death penalty cases.
The Texas Supreme Court consists of one chief justice and eight justices, while the Court of Criminal Appeals has nine judges. In both courts, judges are elected to serve staggered six-year terms in partisan statewide elections.
