Courts in Texas

In Texas, there are four federal district courts, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.

Click a link for information about that court type.

• Federal courts
• State supreme court
• State court of appeals
• Trial courts

The image below depicts the flow of cases through Texas' state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

The structure of Texas' state court system.

Judicial selection process

See also: Texas judicial elections and Judicial selection in Texas

Selection of state court judges in Texas occurs through partisan elections at each court level. Term lengths vary, but all judges must run for re-election at the ends of their terms.^[1]

Across the state's appellate and trial courts, there are nine supreme court justices, nine criminal appeals judges, 80 appeals court judges, and 448 district court judges.

Under Section 601.003 of the Texas Government Code, judges' terms begin on January 1 after their election or re-election.^[2]

To read more about judicial elections in Texas, click here.

Federal courts

The federal district courts in Texas are the:

• United States District Court for the Eastern District of Texas
• United States District Court for the Northern District of Texas
• United States District Court for the Southern District of Texas
• United States District Court for the Western District of Texas

Appeals from these districts go to the U.S. Court of Appeals for the 5th Circuit.

Active judges

Eastern District

The list below displays the number of active judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.

• Democrat appointed: 3
• Republican appointed: 5

Northern District

The list below displays the number of active judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.

• Democrat appointed: 1
• Republican appointed: 10

Southern District

The list below displays the number of active judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.

• Democrat appointed: 8
• Republican appointed: 7

Western District

The list below displays the number of active judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.

• Democrat appointed: 5
• Republican appointed: 6

District map

Judicial selection

Judges who sit on the federal district courts are nominated by the president of the United States and confirmed by the United States Senate. These judges serve life terms. To read more about the judges on these courts, click here.

Bankruptcy courts

There are three federal bankruptcy courts in Texas. These courts have subject-matter jurisdiction over bankruptcy cases. The federal bankruptcy courts in Texas are:

• United States bankruptcy court, Eastern District of Texas
• United States bankruptcy court, Northern District of Texas
• United States bankruptcy court, Southern District of Texas
• United States bankruptcy court, Western District of Texas

State supreme court

Supreme court

See also: Texas Supreme Court

Founded in 1836, the Texas Supreme Court is the state's court of last resort for civil matters and has nine judgeships. The chief of the court is currently vacant. In 2018, the court decided 1,451 cases.

The caseload of the Texas Supreme Court is determined by whether the court decides to grant a review of a judgment. The court has mandatory jurisdiction over writs of mandamus and habeas corpus.

"Much of the Supreme Court’s time is spent determining which petitions for review will be granted, as it must consider all petitions for review that are filed. [...] The Court usually takes only those cases that present the most significant Texas legal issues in need of clarification.

The Supreme Court also has jurisdiction to answer questions of state law certified from a federal appellate court; has original jurisdiction to issue writs and to conduct proceedings for the involuntary retirement or removal of judges; and reviews cases involving attorney discipline upon appeal from the Board of Disciplinary Appeals of the State Bar of Texas."^[3]

The following justices sit on the Texas Supreme Court:

Court of criminal appeals

See also: Texas Court of Criminal Appeals

Founded in 1876, the Texas Court of Criminal Appeals is the state's court of last resort for criminal matters and has nine judgeships. The current chief of the court is Sharon Keller. In 2018, the court decided 6,231 cases.

The Texas Supreme Court has jurisdiction over all civil cases, while the Court of Criminal Appeals exercises discretionary review over criminal cases. This means the court may choose whether or not to review a case. The only cases that the court must hear are those that involve sentencing decisions in capital punishment cases and other cases involving liberty issues, such capital punishment cases, cases where bail has been denied and habeas cases where a prisoner or person being detained attempts to prove some constitutional right has been violated as a result of their detention. The court is based in the state capital, Austin, and includes nine judges. Article V of the Texas Constitution vests the judicial power of the state in the court, describes the court's jurisdiction. It also details the rules for judicial eligibility, elections and filling vacancies on the court between elections.

The Texas Court of Criminal Appeals hears both mandatory and discretionary cases. "All cases that result in the death penalty are automatically directed to the Court of Criminal Appeals from the trial court level. A significant portion of the Court’s workload also involves the mandatory review of applications for post conviction habeas corpus relief in felony cases without a death penalty, over which the Court has sole authority. In addition, decisions made by the intermediate courts of appeals in criminal cases may be appealed to the Court of Criminal Appeals by petition for discretionary review, which may be filed by the State, the defendant, or both. However, the Court may also review a decision on its own motion."^[4]

The following judges sit on the court:

State court of appeals

See also: Texas Court of Appeals

The Texas Courts of Appeals are a set of 14 appellate courts in the Texas judicial system with intermediate jurisdiction in civil and criminal cases that are appealed from the lower district or county courts.^[5]

"The first intermediate appellate court in Texas was created by the Constitution of 1876, which created a Court of Appeals with appellate jurisdiction in all criminal cases and in all civil cases originating in the county courts. In 1891, an amendment was added to the Constitution authorizing the Legislature to establish intermediate courts of civil appeals located at various places throughout the State. The purpose of this amendment was to preclude the large quantity of civil litigation from further congesting the docket of the Supreme Court while providing for a more convenient and less expensive system of intermediate appellate courts for civil cases. In 1980, a constitutional amendment extended the appellate jurisdiction of the courts of civil appeals to include criminal cases and changed the name of the courts to the 'courts of appeals.'"^[3]

Trial courts

District courts

See also: Texas District Courts

Texas District Courts are the state trial courts of general jurisdiction in Texas. "District courts have original jurisdiction in felony criminal cases, divorce cases, cases involving title to land, election contest cases, civil matters in which the amount of money or damages involved is $200 or more, and any matters in which jurisdiction is not placed in another trial court. While most district courts try both criminal and civil cases, in the more densely populated counties the courts may specialize in civil, criminal, juvenile, or family law matters." The district courts often have concurrent jurisdiction with the Texas county courts.^[6]

Constitutional county courts

See also: Texas County Courts

Texas County Courts are trial courts in Texas established by the state constitution. Each county in Texas has one county court. "The constitutional county courts have original jurisdiction over all criminal cases involving Class A and Class B misdemeanors, which are the more serious minor offenses. These courts usually have appellate jurisdiction in cases appealed from justice of the peace and municipal courts, except in counties where county courts at law have been established."^[6]

Probate courts

See also: Texas Statutory Probate Courts

The Statutory Probate Courts are courts in large metropolitan areas in Texas. Judges in these courts hear probate cases and "have original and exclusive jurisdiction over their counties' probate matters, guardianship cases, and mental health commitments."^[6]

Statutory County Courts

See also: Texas County Courts at Law

Statutory County Courts, or Texas County Courts at Law, are established by state statute. The jurisdiction in these courts varies from county to county, but they are generally established to help shoulder the constitutional county courts' caseload. Because of this, they often have concurrent jurisdiction over many cases with the district courts and county courts.^[6]

Municipal courts

See also: Texas Municipal Courts

The Texas State Legislature has established municipal courts in each incorporated city in the state. Municipal courts are lower courts that have "original and exclusive jurisdiction over violations of city ordinances and, within the city limits, have concurrent jurisdiction with justice of the peace courts over Class C misdemeanor criminal cases where the punishment upon conviction is by small fine only. When city ordinances relating to fire safety, zoning, and public health are violated, fines of up to $2,000 may be charged, when authorized by the governing body of the city. Fines of up to $4,000 may be charged for dumping of refuse. Municipal judges may issue search or arrest warrants. These courts do not have jurisdiction in most civil cases but do have limited civil jurisdiction in cases which involve owners of dangerous dogs." There were 945 municipal courts operating in Texas as of February 2021.^[6][7]

Justice of the peace courts

See also: Texas Justice of the Peace Courts

The Justice of Peace Courts are lower courts in Texas. "Justice courts have original jurisdiction in Class C misdemeanor criminal cases, which are less serious minor offenses. These courts also have jurisdiction over minor civil matters. A justice of the peace may issue search or arrest warrants, and may serve as the coroner in counties where there is no provision for a medical examiner. These courts also have jurisdiction over small claims matters."^[6]

In other states

See also

• Judicial selection in Texas
• Texas judicial elections

External links

Suggest a link

• Search Google News for this topic
• Texas Courts Online

Footnotes

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