Texas Law
The Texas Court System
The Texas Court System
For anyone considering initiating a legal action, an understanding of how our legal system works is essential. As one may remember from civics class, the United States system of government, at both the state and federal levels, is divided into three separate branches: the legislative, executive, and judicial. The legislative branch creates the laws, the executive branch enforces the laws, and the judicial branch interprets the laws. State governments maintain control of state and local affairs, while the federal government oversees issues important to the national interest.
State and Federal Courts
Which court system hears a particular case depends on three factors: the subject matter of the dispute, the amount of money in controversy, and the location of the parties. To file in federal court, a lawsuit must involve an issue of federal law, raise a question of constitutional interpretation, or involve parties from different states and more than $50,000. If a lawsuit does not meet one of these criteria, it must be filed in state court.
State Courts
The Texas state court system consists of the Texas Supreme Court and Court of Criminal Appeals, courts of appeals, district-level courts, county-level courts, and municipal and justice of the peace courts. 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. 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.
The 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 the 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 appeals from the courts of appeals.
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.
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-level courts are where trials are held.
The next 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.
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 of 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 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 courts
- Decisions of the Texas Supreme Court can be appealed to the United States Supreme Court if there is a federal law question
- 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
- 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
- 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
- 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
- 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
- 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
Like the state courts, the federal system consists of trial courts and appellate courts. The United States Supreme Court is the highest court in the nation and is made up of nine justices appointed for life. The Supreme Court hears appeals from the federal courts of appeals and from the highest state courts. However, the Supreme Court's jurisdiction is largely discretionary. That is, it chooses which cases it wants to hear by granting a "writ of certiorari." Certiorari is Latin for "to be informed of." Typically, cases granted certiorari involve a disagreement among the federal appellate courts as to the interpretation of federal law, or involve some issue important to the national interest. The chances of a case reaching the Supreme Court are small. Of the thousands of parties who petition the Court to review their cases, only about 100 per term are granted certiorari.
Though it is less visible than the president or Congress, the United States Supreme Court is a powerful force in federal government. Because of its position as the final interpreter of the Constitution, the Supreme Court has the power to declare an act of Congress or the president invalid because it is inconsistent with the Constitution. This power is known as judicial review. When the Supreme Court declares an act of Congress or of the president unconstitutional, it can be overruled only by a subsequent decision of the Court or an amendment to the Constitution. A constitutional amendment requires passage by a two-thirds majority of both houses of Congress and ratification by three-fourths of the states. Of the 26 amendments to the Constitution, seven have invalidated Supreme Court decisions.
Below the Supreme Court are 13 federal courts of appeals. The country is divided into 13 federal judicial circuits. Each circuit has a court of appeals that hears cases appealed from the federal district courts in that circuit. District courts are the federal trial-level courts. Every state has at least one district court, and highly populated states have more.
Texas is located in the Fifth Circuit, along with Louisiana and Mississippi. The United States Court of Appeals for the Fifth Circuit usually sits in New Orleans. Texas has four federal district courts, in the eastern, northern, southern, and western districts.
Also part of the federal system are a number of courts of specific jurisdiction. For example, there are federal tax courts and bankruptcy courts throughout the country. The United States Court of Appeals for the Federal Circuit, located in Washington, D.C., hears appeals regarding patents, customs, and claims against the federal government.
The State Bar of Texas
Although it is not part of the federal or state government, the State Bar of Texas should be included in any discussion of the Texas legal system. The State Bar of Texas is an organization for, and made up of, licensed Texas attorneys. Unlike some states, membership is mandatory, which means all licensed attorneys in Texas must become members.
The State Bar is charged with many responsibilities, including providing assistance to local bar associations, developing continuing legal education programs for members, conducting educational activities for the public, and administering a lawyer grievance system.
In order to become an attorney in Texas, a person must pass the Texas bar examination, in addition to having a degree from an accredited law school and having the requisite moral character and fitness to practice law.
Resources
The State Bar of Texas, 1414 Colorado Street, P.O. Box 12487, Austin, TX 78711, (512) 463-1463 or (800) 204-2222.