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
…show more content…
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).
However, this is not the only option. Being appointed without the possibility of renewal, such as an 18-year term limit, would accomplish the same goal. In both situations, the judges would not have to seek reappointment, run for office, or worry about their political popularity.
The Texas government is a complex system whose ultimate purpose is to serve its citizens. Oftentimes, its complexity in certain aspects causes problems in its efficiency in serving. The way the Texas Constitution is written, how local governments run, the judicial, legislative, and executive branches’ efficiency, as well as Texas public policy and fiscal policy result in a government that is not set up to best serve its citizens.
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 three different branches of government in Texas are the following: The executive branch, which is directed by the governor, executes the laws, the judicial branch, which is run through the supreme court and state courts, interpret the laws, and the legislative branch, which is bicameral, includes the 150 members of the house of representatives and the 31 members of the state senate that make the laws.
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 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
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.
People have always been concerned about our judicial system making massive decisions in an undemocratic manner and while there are parts of our nation’s history (Jost). There have been decisions that were dreadful for our nation, Dred Scott v. Sandford; but there are decisions that everyone can agree with in retrospect, Brown v. Board of Education. Also, there are decisions that still divide us as a nation, Bush v. Gore and Roe V. Wade. There are a lot of issues that come from our current judicial system; however, I understand that the problems that come from it are not going to come from any quick fix, and we may have to live with some of them. Looking at the history of the judicial branch of the United States Government, I believe it needs to be limited in its judicial review power, but have certain exceptions where necessary in some cases.
One of those disadvantages is that people cannot be certain that an elected candidate will be the better judge. Judges should be appointed based on their legal training, education, and experience. People often times do not take into account those issues of a judge. They simply vote in the best politician based upon that candidate’s presentation and politics. Another issue is campaign contributions given to candidates during election times. Many people see this as “buying a judge”. If that candidate is given large sums of money from a donor to help his election, then if elected, that judge will feel obligated to rule in that donor’s favor. Elected judges may not be more qualified than their opponent. But because they can raise more money, then they are elected easily. Furthermore, once a judge has won an election, the judge becomes indebted to the corporations and/or unions that contributed to his or her
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
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
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.