Texas courts and the judicial system

Texas courts have two levels: local and state. Article 5 of the State's Constitution lays out the judiciary structure, and further definition can be found in the Texas Probate Code and Texas Government Code (Bessette, et al., 15). There is a very complex structure to the courts in Texas, featuring numerous layers of courts and a great deal of jurisdictions that overlap one another. The appellate system is also unusual in that it is bifurcated (Bessette, et al., 17). That is something found in only Texas and Oklahoma. The most active courts are Municipal Courts, with District and County Courts handling a large number of cases, as well (Maxwell, Crain, & Santos, 55). All three of the courts often share buildings. The Texas Supreme Court is responsible for administration, with aid from the State Bar of Texas, the Texas Office of Court Administration, and the Texas Judicial Council (Maxwell, Crain, & Santos, 56). The Texas Court of Criminal Appeals focuses on only criminal matters, and the Texas Supreme Courts handles matters of the civil variety (Bessette, et al., 23).

Local courts start with the Justice of the Peace Court (Bessette, et al., 45). There is one in each county, and they deal with Class C misdemeanors that are only punishable by fines and not jail time (Bessette, et al., 46). They also handle small civil matters, but the total in dispute for those must be less than $200 (Bessette, et al., 46). Foreclosure, personal property liens, and eviction cases have recently been added by the Legislature, along with a provision that the JP Court can hear cases where the amount in dispute is up to $10,000 (Maxwell, Crain, & Santos, 76). If a matter is not resolved to the satisfaction of the parties, it can be appealed to the County Court (Bessette, et al., 53). Civil matters can also be appealed beyond that level, but criminal cases cannot unless there is a constitutional matter at hand or the fine is more than $100 (Bessette, et al., 55). The number of courts and constables in a county depends on the county's size, in order to allow for a proper number of cases to be heard (Bessette, et al., 56).

Each incorporated city in the state also has a Municipal Court where issues regarding quality of life and public safety are handled (Maxwell, Crain, & Santos, 80). When children engage in misconduct, the Municipal Court is where they are seen (Maxwell, Crain, & Santos, 81). They also address cases that come about due to ordinances created by the city, and share jurisdiction with the JP Court for Class C misdemeanors (Bessette, et al., 68). The Municipal Courts also have limited jurisdiction when it comes to civil matters that are public (and that affect the safety of the public) (Bessette, et al., 68). These can include problems like dangerous dogs. The majority of these courts are not courts of record, meaning they do not produce written transcripts of court proceedings (Bessette, et al., 70). Many cities have changed their Municipal Courts over to courts of record in order to avoid the legal loophole created by the lack of transcripts. Appeals from Municipal Court go to the County Court (Bessette, et al., 71). Every county in Texas has one of these courts, and they have exclusive jurisdiction over misdemeanors that are considered Class A or B -- and that can involve time in jail if found guilty (Bessette, et al., 72).