• Texas' Legal & Judicial System
  • Representation
  • Jurisdiction
  • Venue
  • State and Federal Courts
    • State Courts
    • Federal Courts

As one may remember from civics class, there are three branches of government: legislative, executive, and judicial. The legislative branch creates the laws, the executive branch enforces the laws, and the judicial branch interprets the laws. Laws also are called statutes or codes. The executive branch can create rules or regulations to govern its administrative procedures and the judicial branch also may interpret these rules or regulations.

When a case is heard in a court, the court applies the law to the facts of the case and a decision is made. There are many sources of law the court uses in making its decision: the United States Constitution, the Texas Constitution, statutes, regulations, and the court's prior decisions or decisions made by higher courts (case law). The way in which a court answers a legal question is binding on all lower courts within that jurisdiction when faced with the same legal question. For example, if the Texas Supreme Court decides a particular legal question, all state courts in Texas must follow that decision. However, state courts in Oklahoma would not have to follow the Texas decision because they are in a different jurisdiction.

There are different ways in which a court may have personal jurisdiction, such as the defendant's residence or business being within the court's geographical region. For example, a Texas plaintiff may not bring an action in Texas district court against a defendant who lives and works in another state, if that defendant has no contact with the state of Texas. Jurisdiction is set in law, constitutions, or case law. Some courts have overlapping jurisdiction, giving a person a choice of where to file an action.

There are three types of subject matter jurisdiction: exclusive, general, and limited. Exclusive jurisdiction means that only a particular court has authority to decide a case. An example of a court having exclusive subject matter jurisdiction is bankruptcy court. Only in a federal bankruptcy court can a person file a bankruptcy action. State courts have no jurisdiction in bankruptcy cases. General jurisdiction means that a court has the ability to hear and decide a wide range of cases. Unless a law or constitutional provision denies it jurisdiction, a court of general jurisdiction has authority to handle any kind of case. The Texas district-level courts are general jurisdiction courts. Limited jurisdiction means that a court has restrictions on the types of cases it decides. Texas' county-level courts, municipal courts, and justice of the peace courts are courts of limited jurisdiction because they can hear and decide only certain specific cases. For example, probate courts, which are a type of county-level court, decide only probate-related matters.

State Courts

The municipal courts and justice of the peace courts occupy the lowest rung in the Texas court system. These courts are local trial-level courts of limited jurisdiction. Municipal courts have jurisdiction over criminal misdemeanors with fines of less than $500 and municipal ordinance violations. Justice of the peace courts have jurisdiction over all civil actions involving claims less than $5000, small claims, preliminary hearings, and criminal misdemeanors with fines of less than $500.

The second tier of Texas' court system is composed of the county-level courts. The three different county-level courts are trial courts of limited jurisdiction. Constitutional county courts have jurisdiction over misdemeanors with fines greater than $500 or jail sentences, civil actions between $200 and $5000, uncontested probate matters, and appeals from municipal courts. County courts at law have jurisdiction over civil matters under $100,000, limited jurisdiction over criminal matters, and appellate jurisdiction over municipal courts. Probate courts have jurisdiction limited to probate matters.

A significant number of civil and criminal cases in Texas originate in the district-level courts. There are both civil and criminal district courts, which are considered the state trial courts of general jurisdiction. Both civil and criminal district courts have original jurisdiction in felony criminal matters, juvenile matters, civil actions over $200, divorces, title actions, and contested probate matters. As courts of original jurisdiction, the district courts are where trials are held, witnesses testify, evidence is presented, and judgments are rendered.

There are 14 courts of appeals in Texas, each covering a geographic district. Each district has a chief justice and two or more justices. A court of appeals may sit in a panel of three justices, a majority of whom must agree on a decision. These intermediate-level appellate courts hear appeals from both district-level and county-level courts. As a practical matter, the courts of appeals are the final appellate review of criminal cases (other than death penalty cases) and many civil cases. Someone displeased with a decision of a court of appeals may seek review in the Texas Supreme Court, the Texas Court of Criminal Appeals, or in the United States Supreme Court, but the overwhelming majority of such requests are denied. Unlike the county-level or district-level courts, which hear trials with witnesses, jurors, and evidence, the court of appeals' primary function is to determine whether there has been an error at the trial court level and, if so, to remedy it. The court of appeals reviews the transcript from the trial court and also may consider written and oral arguments. The court of appeals can reverse or affirm a trial court ruling or send it back to the trial court for additional action.

The Texas Supreme Court is the highest civil court in the state. Located in Austin, the Texas Supreme Court is composed of nine justices. Five justices must be present in order to conduct business and at least five justices must agree on a decision in each case. The determinations made by the Texas Supreme Court are final and apply to all cases except criminal law matters. The jurisdiction of the Texas Supreme Court is primarily limited to appeals from the courts of appeals.

To become a Texas Supreme Court justice, a person must (1) be licensed to practice law in the state, (2) be a citizen of Texas and of the United States, (3) be at least 35 years old, and (4) have been a practicing lawyer or judge for at least ten years. The nine justices are elected by the voters of the state, three of them every two years, and serve for six-year terms. When there is a vacancy, the governor appoints a justice to fill the vacancy until the next general election. The Texas Supreme Court may sit at any time during the year. Like the courts of appeals, it does not hold trials, but it reviews transcripts, takes written and oral arguments, and determines whether there has been an error in a lower court. It also may reverse, affirm, or remand a case. A Texas Supreme Court decision is a final decision in Texas and may be appealed to the United States Supreme Court only if there is a federal issue involved.

The Texas Court of Criminal Appeals is the highest criminal court in the state; it is the criminal counterpart to the Texas Supreme Court. The Court of Criminal Appeals is composed of nine judges who are qualified, elected, and appointed in the same manner as justices of Texas' Supreme Court. For the purpose of hearing cases, the Court of Criminal Appeals may sit in panels of three judges, two of whom must agree on a decision. The court also may hear cases en banc, meaning all of the judges are present and take part in the decision. The court must sit en banc during cases involving capital punishment. When the court hears cases en banc, five judges must agree with a decision.

Jurisdiction of the Court of Criminal Appeals is both mandatory and discretionary. The court must hear all appeals in cases in which the death penalty has been assessed, but it has discretion to hear other appeals from the courts of appeals.

THE TEXAS STATE COURT SYSTEM

Supreme Court

• Located in Austin
• Each justice serves a six-year term, but can remain in office if retained in a general election; vacancies are filled by governor until next election
• Nine justices
• Full appellate jurisdiction in civil and juvenile cases
• Decisions of the Texas Supreme Court can be appealed to the United States Supreme Court if there is a federal law question

Court of Criminal Appeals

• Located in Austin
• Each justice serves a six-year term, but can remain in office if retained in a general election; vacancies are filled by governor until next election.
• Nine justices
• Final appellate jurisdiction in criminal cases
• Decisions of the Texas Court of Criminal Appeals can be appealed to the United States Supreme Court if there is a federal law question

Courts of Appeals

• 14 districts
• 80 justices
• Each justice serves a six-year term, but can remain in office if retained in a general election
• Cases may be reviewed by panels of justices
• Courts of appeals have mandatory jurisdiction to hear appeals from district- and county-level courts

District-Level Courts

• 376 district courts with 376 judges
• Ten criminal district courts with ten judges
• Judges are elected to four-year terms
• Trial courts of general jurisdiction

County-Level Courts

• 254 constitutional county courts with 254 judges
• 167 county courts with 167 judges
• 18 probate courts with 18 judges
• Judges are elected to four-year terms
• Trial courts of limited jurisdiction

Municipal Courts

• 847 municipal courts with 1216 judges
• Local trial courts of limited jurisdiction, limited to municipal ordinance violations and criminal misdemeanors with fines of less than $500

Justice of the Peace Courts

• 885 courts with 885 judges
• Local trial courts of limited jurisdiction, limited to civil actions under $5000, small claims, criminal misdemeanors with fines of less than $500, and preliminary hearings

Federal Courts

The federal government has divided the United States into federal judicial districts. The state of Texas has four federal judicial districts. The federal district courts for Texas are located in Tyler, Dallas, Houston and El Paso. Like the state district- and county-level courts, the federal district court holds trials in cases over which it has jurisdiction.

Included in the federal system is the bankruptcy court. Federal bankruptcy courts have exclusive jurisdiction over bankruptcy matters. There are 15 bankruptcy court offices in four districts in Texas. More information about the bankruptcy courts can be found in the Bankruptcy Law Chapter.

The federal government groups the United States' federal judicial districts into circuits, and each circuit has a court of appeals. Texas is in the Fifth Circuit along with Louisiana and Mississippi. The Fifth Circuit Court of Appeals hears the appeals from the federal district courts within the circuit. As is true of Texas appellate courts, the Fifth Circuit Court of Appeals does not try cases, but only reviews cases from lower federal courts within the circuit. The Fifth Circuit Court of Appeals has its main office in New Orleans.

The United States Supreme Court hears appeals from the circuit courts of appeals (including the Fifth Circuit Court of Appeals) and states' highest courts (including the Texas Supreme Court and the Texas Court of Criminal Appeals), and other cases in which it has jurisdiction--cases between states, for example. The Court is made up of nine justices and is based in Washington, D.C. The Supreme Court has very broad discretion to decide which cases it will review and only a small percentage of the cases appealed to the United States Supreme Court actually are heard. As with other appellate courts, the refusal to hear an appeal lets stand the lower court's ruling.