Article Contents
Overview
The Texas judiciary is the system of courts that interprets and applies the law when crimes are committed in Texas, and adjudicates disputes in civil cases, such as business disputes, family law cases, and property matters.
The Texas court system consists of five layers, including municipal, county, district, and regional appellate courts, as well as two high courts.
Together with the legislature and the executive branch, the judiciary is considered one of three co-equal branches of state government.
Most judges in Texas are elected in partisan judicial elections, in the same manner as other politicians, though vacancies may be filled by appointment.
Video Introduction to the Texas Judiciary
Structure of the Texas Judiciary
Appellate Courts in Texas
At the top of the Texas court system is the Texas Supreme Court, the highest state appeals court for civil matters, and the Texas Court of Criminal Appeals, the highest state appeals court in criminal matters. Texas is one of only two states to have two high courts of equal standing, a system that arose from unique historical circumstances.
Below these two courts are 14 regional courts of appeals. These regional courts handle both civil and criminal cases appealed from district courts and county courts. They do not handle death penalty cases, which go straight from the trial courts to the Court of Criminal Appeals.
Trial Courts in Texas
District courts are the state’s trial courts of general jurisdiction. Each district court serves a particular geographical area established by statute.
In addition to these state courts, the Texas Constitution provides for a constitutional county court in each county, presided over by the county judge. To aid these county courts in populous counties, the Legislature has established county courts at law and probate courts.
Trial courts in Texas decide cases either on the basis of a jury trial or a bench trial, in which a judge decides the verdict. Texans have a right to a jury trial in criminal cases, though this right may be waived.
Within counties, justice courts handle small claims matters and certain misdemeanor crimes. They share jurisdiction with the county courts in small claims matters, depending on the amount in question.
Some Texas cities also have their own municipal courts. These courts have original jurisdiction over violations of municipal ordinances and concurrent jurisdiction with the justice courts in fine-only misdemeanor cases.
Texas Judicial Branch Agencies
In addition to the courts themselves, the Texas judiciary comprises several support agencies that operate under the oversight of appointed boards:
- Office of Capital Writs: represents death row inmates in state post-conviction habeas corpus and related proceedings.
- Office of Court Administration: provides resources and information for the efficient administration of the Judicial Branch of Texas.
- State Commission on Judicial Conduct: investigates allegations of judicial misconduct or judicial disability, and disciplines judges.
- State Law Library: public research library that serves judges and lawyers.
- State Prosecuting Attorney: represents the state in prosecutions before the Court of Criminal Appeals, the state’s highest criminal court.
Texas Judicial Council
The Texas Judicial Council is the policy-making body for the Texas judiciary, consisting of 22 members, including judges, lawyers, and legislators. The Council studies organizational problems and complaints within the judiciary and makes recommendations for addressing them to the state supreme court and legislature.
The Council is chaired by the Chief Justice of the Supreme Court, with the Presiding Judge of the Court of Criminal Appeals serving as vice chair.
Court Financing
The state government finances appellate courts in Texas, as well as the base salaries of district judges and certain county court judges, while the county governments pay the operating costs of district courts and county counts.
Most counties also supplement the base salary of district and county judges. Cities finance all costs related to the operation of municipal courts, including judges’ salaries.
The state also pays for or supplements some other expenses of the judicial branch, including juror pay, basic civil legal services, criminal indigent defense, judicial technology, and special prosecution units.
The judiciary accounts for only a sliver of state spending: 0.36% of all state appropriations in FY 2021.
State of the Judiciary Address
Every two years, the Chief Justice of the Texas Supreme Court delivers a speech to a joint session of the legislature evaluating the statewide judiciary, assessing problems and improvements, and advocating for legal or constitutional changes, new programs, or increased funding.
The tradition began in 1979, following passage of a law mandating the biennial speech. The law was intended “to promote better understanding between the legislative and judicial branches of government and promote more efficient administration of justice in Texas.”
Additional Resources
E-Books from the Texas Law Library
Constitution and Laws of Texas
reSearchTX (document filing system for Texas courts)
Disclaimer
⚠️ This website is for informational and educational purposes only. Nothing on this website constitutes legal advice. Do not rely on this website in legal proceedings. Seek legal counsel.
Although information on this website is believed to be generally accurate at time of publication, we do not make any warranty or guarantee to that effect.
Information on this site may be out-of-date. It may not reflect the latest changes in statute, etc.
