Judicial Decision Making and Controversies

bricklayerbelchedInternet και Εφαρμογές Web

5 Φεβ 2013 (πριν από 4 χρόνια και 2 μήνες)

104 εμφανίσεις

Pearson Longman

PoliticalScience
Interactive

Shea, Green, and Smith

Living Democracy
, Second Texas Edition



Chapter 24:

The Texas Judiciary

Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

The Texas Court System

The Texas Judiciary

1876: Establishment of the current court structure.

1891: Establishment of the court of criminal appeals to hear appeals of criminal cases.

1935: Sarah T. Hughes is the first woman to serve as a state district judge.

1977: Legislature enacts law providing for execution by lethal injection.

1982: First execution under new law.

1989: Lawsuit to federal court regarding minority underrepresentation on state courts.

1993: Fifth Court of Appeals ruled present system of judicial selection constitutional.

1995: Modest limits imposed on campaign contributions to judges and judicial


candidates.

1995: Changes in state’s tort laws.

1999: Nine justices of the supreme court and nine judges of the court of criminal


appeals are Republicans.

2003: Renewed legal attacks on school finance.

2003: Tort reforms.

Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

The Texas Court System

Mixture of state and federal courts


97% of cases are under state law

Texas and U.S. Constitutions


Additionally, criminal and civil
codes


Legal Framework

Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

The Texas Court System



Up to Courts of Appeals (next)


Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

The Texas Court System

Structure

From County Level Courts

Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

Courts of limited jurisdiction


Municipal courts


County justice of the

peace courts

County courts

Courts of general jurisdiction

Intermediate courts of appeal

The highest appellate courts


Supreme court

Types of Courts

The Texas Court System

Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

Created to serve rural areas

Share original jurisdiction with justice
of the peace courts and district court

240 statutory county courts

County Courts

The Texas Court System

Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

District court


Some with special jurisdiction

Judicial Districts Board


Redrew judicial districts

Courts of General Jurisdiction

The Texas Court System

Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

Texas Supreme Court


Coordination of state judicial
system


Appoints Board of Law
Examiners


Disciplinary Authority

Texas court of criminal appeals

The Highest Appellate Courts

The Texas Court System

Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

In 1994, ran for court of
criminal appeals justice

Reprimanded by state
bar for campaign lies

Served, but did not run
for reelection

Pathways Profile: Steve Mansfield

Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

Higher positions elected, others appointed

County and district clerks

County attorneys and district attorneys

Jury members

Justices and other Court Personnel

The Texas Court System

Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

The Jury System

Grand Jury


Panel that reviews
evidence submitted by
prosecutors in order
to determine whether
to indict, or charge, an
individual with a
criminal offense

Petit Jury

The trial jury, on which citizens
are most likely to serve

Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

Pathways of Action:

Is This Any Way to Round up a Jury?


Justice of the Peace
Mark Fury ordered
constables to round up
a jury after finding
himself one juror
short. The move was
legal, though unusual

Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

Judicial Decision Making

and Controversies

Cases to supreme court via petition for
review


Also via writ of mandamus

Most civil and criminal cases originate in
intermediate courts of appeal

Concerns over campaign contributions to
judges and judicial candidates


Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

Judicial Decision
-
Making

and Controversies

Early domination of Texas courts by
establishment

1970s

Texas Trial Lawyers Association became
more politically active

Court sent down decisions, making it easier for
consumers to win against businesses and insurers

Judicial Activism

Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

Judicial Decision
-
Making

and Controversies

Controversy come to a head in 1986

Sanctions against justices C.L. Ray and

William Kilgarlin

Another prominent case against Texaco

It has been pointed out that Texas judges can
legally take campaign contributions from the
very attorneys that present cases before them

Judicial Impropriety

Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

Judicial Decision
-
Making and
Controversies

Chief Justice Hill called for a merit selection
system



Resigned, returned to private practice, lobbied


for reform

Party realignment

Six supreme court seats vacant in the 1980
election

GOP wins majority in 1994

Campaign Contributions

and Republican Gains

Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

Judicial Decision
-
Making

and Controversies

Tort reform in the legislature



Texas Civil Justice League calls for change


Limits on lawsuits


Texans for Lawsuit Reform active,
contributing to campaigns for state legislature

Reaction to Activism

Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

Judicial Decision
-
Making

and Controversies

Texas Watch

consumer watchdog group


86% of appeals won by physicians and
hospitals (1995

1999)

Continuing concern that campaign contributions
amount to buying decisions

Winners and Losers

Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

Judicial Decision
-
Making

and Controversies

Barriers to minorities:


Cost of elections


Shortage of minority
attorneys

1998:


8% of county court
judges Latino


2.5% African American

Minorities and the Judicial System

Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

Judicial Decision
-
Making

and Controversies

Raul Gonzalez


First Latino appointed to supreme
court


Conservative

Alberto Gonzalez


Replaced Raul Gonzalez

Wallace Jefferson


First African American on Supreme
Court, and to serve as Chief Justice

Minority Judicial Appointments

Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

Judicial Decision
-
Making

and Controversies

Sarah T. Hughes


District judge, 1935

1961

Ruby Sondock


First woman to serve on
Texas Supreme Court

Rose Spector


First woman
elected

to the
Texas Supreme Court

Women in the Judiciary

Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

Judicial Decision
-
Making

and Controversies

Campaign funds


Strict limitations?


District judge, 1935

1961

Merit selection


Appointments by governor


Retention elections

The Search for Solutions

Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

Crime and Punishment

Application of due process and equal protection
clauses of the Fourteenth Amendment to the
U.S. Constitution

Jury trials required in capital murder cases

Sentences can include probation, fines, jail
time

The Criminal Justice System

Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

Politics and the Courts

Interest of trial judges, prosecutors, police and sheriffs
versus defense attorneys


The former fight against reversals, the latter for them


Height of reversals in first decades of twentieth
century

Shift to right in 1994, complete by 1998


Fall in number of reversals at state level


Criticism that the Texas court was “barely a court
system”

The Intersection between the Judiciary and Politics

Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

Politics and the Courts

Finance


Edgewood v. Kirby
, supreme
court ruled that education
finance needed an overhaul


Court ordered finance reform

1993

School finance law passed

Debate continues


The Courts and Education

Shea, Green, and Smith,
Living Democracy
, Second Texas Edition

Copyright 2009 Pearson Longman

Chapter 24: The Texas Judiciary

Politics and the Courts

1998: Supreme court fines antiabortion
protestors $1.2 million for damages

2000: State law requiring parent
notification for minors seeking abortions


“judicial bypass” possible

The Courts and Abortion Rights