Revamping the Texas Government System at the Judicial Level Is Texas government at the state level operating as an antiquated 19th century institution and should it be revamped to address the needs and wants of the 21st century population? This is a question that has long plagued the government and people of Texas, especially at the judiciary level. The Texas Judicial system is “responsible for securing liberty and equality under the law” (Champagne and Harpham 277) for the people of Texas. However, the outdated ways in which the Texas Judicial system operates is not beneficial to its people, this is notably evident in the way judges are elected, the judicial politics that follow and the confusing court systems. A question that seems to be …show more content…
In Texas, partisan elections became a concern only after Texas became a Republican state. Texas used to be “overwhelmingly a Democratic state and judges were elected as Democrats” however, this all began to change in the late 1970’s early 80’s when the Republicans started to seek positions. This was greatly “helped by the popularity of Ronald Reagan in Texas. . .” (287) since the early 1990’s Texas has become known as a Republican state. This caused elections to become highly partisan, competition between candidates increased, which in turn, meant more money was needed for campaigns. In order for judicial candidates to be successful they need to be more visible, “because judicial races tend to have low-visibility races, in which voters are unaware of the candidates.” (288) In order for this to be possible nominees seek to place television ads which are quite costly therefore they need big money contributions to their campaign funds. Since “Texas voters do not give much money to judicial campaigns. . .” (288) it became necessary to find donors elsewhere, “. . . lawyers, interest groups, and political litigants…tend to be [the] donors. . .”(288). This has created great concern many people feel that the judge will now be beholden to these lawyers and groups. “The influence of special interest money in judicial campaigns raises important questions about the relationship between the rule of law …show more content…
Texas has two high-courts, the Supreme Court and the Court of Criminal Appeals, each have 9 justices. Below the two high-courts is the Court of Appeals with 14 courts, 80 justices, followed by district Courts, which have 456 courts with 456 judges, and the County-Level Courts having 505 Courts and 505 judges. Below these are the municipal courts in 920 cities, 6 towns with 1559 judges and justice of the peace courts having 819 courts with 819 judges. Overlapping of jurisdictions causes great confusion add to the confusion is that “some courts have specialized jurisdiction, whereas others have broad authority to handle a variety of cases” (277) creating a “hodgepodge of courts” (277). Reforms within the Texas court system is clearly needed and many reforms have been recommended from merging the Texas Supreme Court with the Texas Court of Criminal Appeals, reducing the number of judges and justices, revamping jurisdictions for all courts and having no overlapping jurisdictions. What once worked many years ago is no longer effective or efficient, for example, in the days of the horse-drawn buggies people needed to be able to reach the county seat where their court house was located within a day so there were numerous county courts but today transportation is no longer an issue for most Texans so there absolutely could be a reduction of courts. This alone, would
Texas constitution is almost very similar to the US Constitution in the sense of the Bill of Rights. Both the US constitution and the Texas constitution are separated into the executive, legislative, and judicial branches. The legislative branch is the brand of the Senate and House of representative, the judicial branch is the branch where there are district courts appeals courts in the US Supreme Court, and the executive branch is where the executive president elected official the Vice President are in. Also they are both considered a separation of powers. This phrase refers to assigning specific powers to the judicial, executive and legislative branches of government; system which means they both have separate institutions that share
As the climate in society has changed and new trends in lawmaking were established, the caseload for the federal court increased dramatically. The new concepts of President Lyndon Johnson’s “Great Society” pushed Prohibition and the “New Deal” pushed for changes and additions to the federal judiciary. This forced the creation of specialized courts and the addition the appellate courts (paraphrase). In the metropolitan area is where the federal judges are seeing a huge increase. They have to set civil trials back months or sometimes years to make space for criminal cases.
Kari Davisson GOVT 2306-86021 Professor Summerlin 21 Sept. 2015 Texans’ Circle of Political Distrust Political and economic corruption in E.J. Davis’ Texas government before the Constitutional Convention of 1875 caused distrust of government by Texans. Texans especially do not trust government officials with their tax dollars, which has resulted in low taxes, low spending, and high federal aid. Without money to spend directly, Texas government officials have created numerous unfunded mandates, which still result in poor social programs and services.
Individualistic values in Texas support government activity only “to the extent that it creates opportunity for the individual achievement.” (Texas Political Culture). In other words, Texans are in favor of a limited state government and only encourage government activity when it is needed to create individual opportunities. The practice of an individualistic culture in Texas has created hostile views towards the state and federal government, and discourage their involvement in a number of
According to chapter 2: Articles of Texas Constitution, which we have discussed in class that said: “Texas Bill of Rights (Article 1) guarantees additional right not specifically mentioned in the US Constitution.” Which means the Texas Constitution doesn’t have much effective on the
There are some roles that the state have some restrictions being as a major. The state bureaucracy is largely controlled by multimember boards and commissions with the results that the state is fragmented. They have been saying that Texas needs it governor to have meaningful budget authority so the budgeting system encourages some control over the government. If Texas has a more powerful governor it could have the legislature’s power could have some decreasing in the state, but by doing this the democracy is better served when the legislature is the more
The Texas State Court system is very structured. There are 5 levels of the Texas Courts. Level 5 starts with Justice and Municipal Courts. Justice Courts have Jurisdiction over civil actions, small crimes, and criminal misdemeanors. The Municipal courts have jurisdiction over municipal ordnance cases and criminal misdemeanors that are only punishable by fine.
The history of political parties in Texas is marked by nearly a century of Democratic Party dominance followed by a realignment that shifted the balance of power in favor if the republicans. Political science professor Cal Jilson noted that the dominance of one party in Texas has been a result of the state’s dominant values. Both parties in Texas today reflect more conservative versions of their national counterparts. The other chapter talks about the Interest groups in Texas. Interest groups plays a critical role in all democratic systems of government.
Alex Frost Values: Law & Society 9/23/2014 The Hollow Hope Introduction and Chapter 1 Gerald Rosenberg begins his book by posing the questions he will attempt to answer for the reader throughout the rest of the text: Under what conditions do courts produce political and social change? And how effective have the courts been in producing social change under such past decisions as Roe v. Wade and Brown v. Board of Education? He then works to define some of the principles and view points 'currently' held about the US Supreme court system.
The article Broken Bench explains the controversy over having “tiny courts” in New York State. The author, William Glaberson argues that the idea of justice within the jurisdiction of these tiny courts is unfairly decided among the justices in charge. Due to the lack of experience of these justices, it is difficult for fair justice to be dealt out. One of the major causes explained by the author for unfair justice is that the justices of the court are very inexperienced. For example, William Glaberson states, “Nearly three-quarters of the judges are not lawyers, and many — truck drivers, sewer workers or laborers — have scant grasp of the most basic legal principles.
The three levels within the federal courts are: the U.S. Magistrate Courts, the U.S. District Courts, the U.S. Courts of Appeals, and the U.S. Supreme Court. The magistrate courts are the lowest level and as such are limited to trying misdemeanors, setting bail amounts and assisting the district courts. The U.S. District Courts are the federal branch of original jurisdiction courts. These are responsible for criminal trials and giving guilty or not guilty verdicts. The U.S. Courts of Appeals are responsible for all the appeals from U.S. district courts.
The Constitution of 1876 was toward the end in the development of a new, restructured and revised constitution in Texas, yet it was not the last attempt to revise the natural law of Texas. Pressure begin to build to change and streamline the Texas Constitution in the late 1960s. By 1969, fifty-six obsolete and out dated provisions were revoked, including a whole article. This called for a more fundamental overhaul and restructuring of the Constitution, which led to an extensive and prolonged process of constitutional revision that began in the 1970s. Efforts during this time were imperative for two reasons: it explained a long-standing concern whether the legislature had the constitutional right to convene as a constitutional convention; and secondly, the Texas Constitutional Revision Commission provided a thorough revision of the state constitution that served as the foundation for a new
When people think of a good judge they typically think of somebody who is fair, not bias and has some sort of experience. However, in today’s society, particularly in the United States, our judicial selection methods are not made to select judges on their ability to reason well and rule impartially (Carter and Burke, 6). On top of that, judges have no actual training before they become part of the judiciary. The only training they receive is in school when they are studying the law. Sometimes when they pursue an apprenticeship with a judge they also get a little bit more experience or insight into a judge’s job.
To win any kind of election/re-election candidates must work to please voters. Here in Texas where a majority of people have a strong pro-death penalty stance, judges must also have a strong stance regarding the death penalty if they would like to remain in office. This is concerning because judges will be more likely to seek he death penalty for the convicted so they can create a record of toughness to win over voters. Some elected judges are sometimes of lesser quality than appointed judges in other states, but since they have a record of toughness everything else is thrown out the window. District attorneys also try to maintain a tough reputation as well.
Judicial selection is an intriguing topic as there are multiple ways that judges take their seat on the bench. The United States Constitution spells out how federal judges are selected and leaves it up to the individual states to establish their means for selecting judges. In federal courts, judges are appointed and it varies between appointment and election for state courts. The purpose of this paper is to examine the differences between appointments and elections (as well as the multiple types of elections) and to give an opinion as to which is the better alternative. Federal judges are appointed by the President of the United States and are confirmed on the advice and consent of the United States Senate.