Judiciary of Texas

The Texas judiciary is the system of courts that 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.

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.

Structure of the Texas Judiciary

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 sentenced persons 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: is responsible for investigating allegations of judicial misconduct or judicial disability, and for disciplining judges.
• State Law Library: public library that serves the legal research needs of judges and lawyers.
• State Prosecuting Attorney: charged with representing the people of Texas 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 Texas Supreme Court and Texas 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.

Online Resources

Texas Judiciary Website

Texas Law Help

E-Books from the Texas Law Library

Constitution and Laws of Texas

reSearchTX (document filing system for Texas courts)