Essay on Texas Judicial System: Keeping the Legislative & Executive Branches in Check

Introduction

The judicial arm is among the three known branches of the Texas government. It helps in the interpretation of the Constitution of the State through its criminal and civil court branches. For instance, in case the federal government would be a football team, this branch would act like a referee that settles disputes during the game. This is because the legislative and executive branches are often behaving like players striving to score against each other. These behaviors are the reasons why the judiciary is always there to give clarity on the rules as well as ensuring that each side reasonably behaves. The judicial branch controls this situation through extraordinary power ordained to them known as the judicial review. The State of Texas has basic laws that are set out in its Constitution. The voters of the State adopted the constitutional document in 1876, and they later amended it several times (Office of Court Administration 2). The Bill of Rights set out in the Constitution gives the State members all the rights to be tried by the jury.

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Save 25%

Functions of The Judiciary

The judiciary in Texas is divided into two: The Texas Supreme Court and the Texas court of criminal appeals. It has the following functions

Handling of Civil and Criminal Cases

Civil cases are cases involving misunderstandings between two or many parties. In this case, these parties, on most occasions, are usually people or businesses, and their cases are not criminal-based. The majority of civil cases revolve around divorce cases and debt collection suits. Additionally, most of the civil cases rotate around private parties where the plaintiff files a lawsuit against the defendant and requests the court to force the defendant to pay or compensate for civil wrong done to the plaintiff (Office of Court Administration 3). Criminal cases are cases where people are charged in court for the violation of specific laws known as penal statutes (Office of Court Administration 3). Following Texas laws, an act is not a crime unless the Legislature had passed a statute marking the act a crime before the occurrence of the act itself.

The Judiciary Branch Establishes Rules and Procedures Governing Civil and Juvenile Trials and Appeals.

The judiciary sets laws that are used in the trial of adults separately from the minors. There are protocols used while handling juveniles of ages between 10 and 17 in which some may resemble criminal cases but are still tried as minors in the juvenile court unless special authorities are given otherwise (Lumen Learning).

Settling of Disputes

The judicial branch restores peace between two or more parties through the interpretation of the law. After the lawsuit, the parties are allowed to go for a trial after which a losing party may appeal when they feel the verdict was not satisfactory.

The Judicial Branch Has the Authority to Pass Judgment Whether Someone Is Guilty or Innocent.

Those who are charged with violation of the laws are tried in the court and judgment made as either guilty or innocent by the judges who have the powers to decide on the case.

Settle Dead People's Estates

The judicial branch rules over the properties owned by the deceased persons. The court may decide on who to own the property or even handle the claims that are made after the demise of a person.

The Primary Roles of the Judicial Branch

The primary functions of the judicial branch are to assist in the interpretation of the Constitution, to clarify rules by ensuring that both the executive and the Legislature are acting justly, and finally creating checks and balances.

The Selection Procedure of the Judiciary

Judges are selected and elected in both partisan and non-partisan elections except municipal judges. These judges are also voted in by voters with qualifications within their designated regions through a straight-ticket voting option (Mark 3). While the municipal judges are always appointed by the bodies in charge of the municipality. The criteria used here is limiting the individual contributions to candidates in statewide races to avoid soliciting judges. Yes, the process can be reformed to create a podium for qualified but poor judges.

Checking and Balancing

These three branches can keep one from becoming superior from the rest. The processes of nomination and appointment are used as checkpoints of the judicial branch. The nomination of their judges and justices are always done by the executives and later approved by the Legislature to become actual members of the judicial branch. This is an excellent opportunity for other branches of the government because these justices will give services forever. Moreover, when tight situations approach, the Legislature can remove members of the judiciary through impeachment although it is a very uncommon act.

Current Trending Topics Regarding the Judicial Branch

The news had it that the previous plans of requiring Wyoming's judicial commission members as subject to the senate might have lost its meaning. According to the Office of Court Administration, the Montana House State Administration Committee on February 15, 2019, approved a bill requiring judges recuse from cases due to contributions of the campaign.

In conclusion, the judicial branch plays a very major role in the judicial system of Texas, as observed in its brief history and functions. It has a unique selection process, and it works as a check and balance for other branches. I believe that this branch is the strongest branch among the three due to authoritative judicial review they are ordained with as well as the power to make judgments even on leaders from any diversity.

Works Cited

Jones, Mark. The Selection of Judges in Texas: Analysis of the Current System and the Principal Reform Options. The James A. Baker III Institute for Public Policy of Rice University, 2017. https://www.bakerinstitute.org/media/files/files/b38e1ecc/POLI-pub-TexasJudges-011317.pdf. Accessed April 17 2020.

Lumen Learning. Judicial Selection Processes. Lumen candela, 2020. https://courses.lumenlearning.com/austincctexasgovernment1/chapter/the-role-played-by-texas-governor/. Accessed April 17 2020.

Office of Court Administration. The Texas Judicial System: The Texas Judicial System. Office of Court Administration, 2014. https://www.txcourts.gov/media/675444/The-Texas-Judicial-System_Print102714.pdf. Accessed April 17 2020.