The Texas Judiciary system is made up of several layers of courts and its structure is laid out in how it should be followed in the Texas Constitution. It is defined better in the Texas Government Code and the Texas Probate Code.
The structure is exceedingly complex, it has many layers, several cases in which overlapping jurisdiction, mass differences between counties, and a forked appellate system at the top level found in only one other state, Oklahoma.
Texas is like six other states that select their judges in a partisan political election, and it causes a lot of controversies because of it. This system is somewhat broken in my opinion because the judges in Texas are elected and often because of party affiliation tops a candidate’s qualifications, and the influence of campaign money destroys public confidence in both the justice system and the judges who administer it (Lindell 2009).
Now in one stance because democracy allows citizens the most control over our government, to elect our judges may seem like it’s the best method of selection. Judges who go through this type of selection seem to be friendlier and appear to get more done, but the elected judges
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I agree with this style of judicial selection. Of course, any election can be influenced by campaign finance and advertisement, an appointment is the result of careful deliberation and research by a governor or president. As we know judges are basically elected based on their party affiliation, which is a mistake that encourages political advocacy from the bench instead of ensuring that justice is served in our courts. When a judge is appointed the person in charge of the appointment will look at their entire record and should not be looking at either republic or democratic affiliation (Gustitis
The type of elections is widely criticized for delivering less qualified results, considering the fact that the public does not have enough information on judicial candidates and their qualifications. Furthermore, judicial candidates are not allowed to take stands on controversial issues or specific cases in accordance with the Judicial Code of Conduct (Corriher, 2012).
The principles, which define the work of juridical branch, are relevant nowadays, as they have proved their effectiveness and managed to gain confidence of population. Texas juridical branch is complex and confusing. According to the principles of the Texas Constitution, six types of courts are established, some of which have simultaneous or overlapping jurisdictions. In accordance with the Texas Constitution of 1876, two high courts were established. In addition, in the traditions of Jacksonian Democracy, all the judges in Texas courts should be ready to compete with electoral politics and take their positions according to the results of partisan elections. This democratic principle of fair elections and respect to the votes of citizens is still applied in the juridical branch of Texas
The Supreme Court only oversees certain cases that must follow certain guidelines, and their main role is to interpret the Constitution. The Supreme Court of Texas is the final appellate court in the state of Texas, and all of its jurisdictions are final, unless it is in criminal law matters. As expressed earlier, the Federal Constitution is the foundation of our country and the most used document within politics, the Supreme Court allows an interpretation of the constitution within changing times that apply to the entire nation and is often where much change occurs within policies. To have a “final say” in important cases that affect our entire nation based on a foundational document shouldn’t be a power that is left to individual states. To be a Supreme Court Justice, one must be nominated with advice and consent from the senate by the President of the United States. There are no other qualifications and they serve on the court for the rest of their lives or until they retire. While to serve on the Supreme Court of Texas, one must meet specific qualifications, such as: “…being licensed to practice law in the state, a citizen of the United States and of Texas, is at least 35 years old, and has been a practicing lawyer, or a lawyer and judge of a court of record together at least ten years.” Not only must a Supreme Court Justice of Texas meet the specific
The judicial branch in Texas works the same as that of the federal judicial branch and its role is to interpret the laws. The Texas Attorney General Ken Paxton is the chief legal and law enforcement officer of the State of Texas. The judicial branch oversees enforcement and making of laws to ensure that they are operating within the framework of the original charters of governmental power. The judicial branch checks the power of both legislative and executive branches by declaring if laws and acts passed are unconstitutional. The Texas judicial branch settles disputes and determines if someone is guilty or innocent when charged with violating the law. It also settles the estates of the deceased. It runs jails and prisons, monitors parolees, and in extreme cases, carries out the death penalty on people convicted of a capital felony. The Texas judiciary department includes five levels of courts. The lower levels are the trial courts, similar to the federal system. Appellate courts hear the appeals of both civil and criminal cases from the lower courts. Unlike the federal system, the top of the Texas judicial hierarchy is divided into two supreme courts, the court of criminal appeals and the Texas Supreme Court for civil
In the great state of Texas, the governor is the highest ranked official that is elected. Even though it is believed the governor has minimal power due to EJ Davis and his abuse of power in the 1800’s, the governor still has an influence on many things and has the power to implement things as well. According to the Associated Press (2011), “The governor’s chair is an increasingly powerful institution in most states, with the clout, control, and visibility that has long made it the leading stepping stone to the oval office.” (Associated Press [AP],2011). The governor of Texas is the head of the executive branch and the commander-in-chief of the state’s military forces. One key role the governor has is the power to appoint or select members to
In the Texas court system, judges are elected instead of appointed like in the federal government. In the federal government, the president appoints members to the Supreme Court. This appointment then heads to Senate where the members of Senate will take a vote
The constitution establish major governing institutions, assign institution’s power, place explicit and implicit control on power granted. All this gives the political legitimacy. The U.S constitution gives the base model for state constitution for Texas.
Court systems between states can vary significantly while maintaining the same general functions. Georgia state court structure is set up to handle a large number of proceedings. To understand how the system is able to accommodate the numerous counties and the growing population we must consider the types of courts that are in place, the process of putting judges into place, and how the jury is chosen to facilitate the courts.
In William Hudson’s book, American Democracy in Peril, he writes about different “challenges” that play a vital role in shaping the future of the United States. One is the problem of the “imperial judiciary”. Hudson defines its as that the justice system in the United States has become so powerful that it is answering and deciding upon important policy questions, questions that probably should be answered by our democratic legislatures. Instead of having debates in which everyone’s voices are heard and are considered in final decision-making process, a democratic-like process; we have a single judge or a small group of judges making decisions that effect millions of citizens, an “undemocratic” process. Hudson personally believes the current state of judicialized politics is harming policy decisions in Americans. According to him, the judicial branch is the “least democratic branch”, and ...
Our government here in Texas has three major parts that play a significant part in our decision making process. These levels have been deigned to decentralize power and make it more affective for the public's needs. The primary level is the Texas legislature. It is almost a given to say that everyone has at least heard of the legislature. Some variables that the legislature contains are the Lt. Governor, the Speaker of the house of Representatives and Committee Chairs. The Speaker acts as the presiding officer over the house and has two levels of power. These two levels are institutional powers which allow the officer to preside over the Legislative Audit Committee and Sunset Advisory Committee.
First of all, judges play an essential role in our democracy, by interpreting the law and being impartial, they make decisions which keeps our country in a democratic state. Judges promote and support charter rights, including freedom and equality. A strong case that proves that judges are an essential part in a democracy is shown in the case of Obergefell v. Hodges, John Obergefell was fighting for the legalization of same - sex marriage in The United States. On November 2014, the case went to the supreme court where it caught the attention of the nation. Obergefell was not only fighting for his own rights
First, according to justice.gov, “The federal court system has three main levels: district courts, circuit courts, and the Supreme Court of the United States.” The courts all have a different role to play in the judicial system. Court systems exist to provide justice for all. Now, the district court system is the beginning of the judicial system. A good amount of the cases handled by the district court system are either criminal or civil trial cases.
The federal government consist of three branches for each one has a specific role that protects and serves each person in the United States. The Constitution established these branches to enhance a stronger federal government as well as to make sure the states worked as one instead as individuals. The method in which it is used goes by Judicial, Legislative, and Executive, these branches go from creating the laws, to implementing laws, to finally interpreting the law. It became known as checks and balances, so that no branch would over power another. Once creating these boundaries, the government became more unified and therefore able to control the country much more formally through the courts. To see the beginning of the never ending, the
An advantage of electing judges is that it insures that the judges are loyal to the people
Justice is a vital part of the American Court System and influenced and continues to influence since the beginning of American history. Structure and organization is an important factor that creates our outstanding court systems. The State and U.S Constitutions are not the only foundation of the court systems, but also that people that work hard to thrive for justice. Today, justice and equality causes the court systems to change and adapt to continue protecting the rights of the people.