Each state has a different court system and a different manner in how they operate. They could be completely different from every other state or have small difference. I currently live in Houston Texas so I am going to talk about Texas Court system. The basic structure of the present court system of Texas was established by an 1891 constitutional amendment. The amendment established the Supreme Court as the highest state appellate court for civil matters, and the Court of Criminal Appeals, which makes the final determination in criminal matters. Today, there are also 14 courts of appeals that exercise intermediate appellate jurisdiction in civil and criminal cases. There were 3,468 elected (or appointed, in the case of most municipal judges) judicial positions in Texas as of September 1, 2013. In addition, there were more than 140 associate judges appointed to serve in district, county-level, child protection, and child support (Title IV-D) courts, as well as numerous magistrates, masters, referees and other officers supporting the judiciary. More than 315 retired and former judges were also eligible to serve for assignment.
We start out with the two highest levels of appellate courts in Texas. The Supreme Court, which has one court and 9 justices. It has statewide jurisdiction and deals with final appellate jurisdiction in civil and juvenile cases. Second is the court of Criminal Appeals, which consist of one court and 9 judges. It also has statewide jurisdiction and deals with final appellate jurisdiction in criminal cases. Appellate courts basically reevaluate prior cases to ensure there were no mistakes. They do not try cases, have juries, or hear witnesses. Rather, they review actions and decisions of the lower courts on questions of law or allegations of procedural error. Thus, an appellate court reviews either pertinent parts or the whole trial court record from the lower court. No new evidence or testimony is permitted. (Cheeseman 21)
Under these two top tiers of the court system, you then have courts of appeals. This section consist of 14 courts with 80 justices and have only regional jurisdiction. They handle intermediate appeals from trial courts in their respective courts of appeals districts. Next is District Courts which encompasses 457 courts with 457 judges to precede over them. They are broken down to 359 Districts containing one county and 98 Districts containing more than one county. These are the state trial courts of general and special jurisdiction. Original jurisdiction in the civil actions over $200, divorce, title of land, and contested elections. Original jurisdiction in felony criminal matters and juvenile matters. Also 13 district courts are designated criminal district courts, some others are directed to give preference to certain specialized areas.
Next is the County-Level Courts, which have 510 courts and 510 judges. These are broken down into three different sections. Constitutional County Courts, Statutory County Courts, and Statutory Probate Courts. Constitutional County consist of 254 courts, which is one for each county. Its jurisdiction involves original jurisdiction in civil actions between $200 and $10,000. Probate (contested matters may be transferred to District Court). Exclusive original jurisdiction over misdemeanors with fines greater than $500 or jail sentence, Juvenile matters and appeals de novo from lower courts or on the record from municipal courts of record. Statutory County Courts consist of 238 courts, which are established in 88 counties plus 1 multi-county court. Its jurisdiction entails all civil, criminal, original and appellate actions prescribed by law for constitutional county courts. In addition, jurisdiction over civil matters up to $200,000 (some courts may have higher maximum jurisdiction amount). Lastly there are 18 Statutory Probate Courts, established in 10 counties and jurisdiction is limited primarily to probate matters.
Onto the lowest level in the structure of Texas court systems. Justice courts and Municipal Courts. Justice courts consist of 817 courts with 817 judges, these are established in precincts within each county. It’s jurisdiction are civil actions of not more than $10,000, small claims, criminal misdemeanors punishable by fine only (no confinement) and Magistrate functions. Municipal Courts have 927 cities with approximately 1,586 judges. Their jurisdiction handles criminal misdemeanors punishable by fine only (no confinement). Exclusive original jurisdiction over municipal ordinance criminal cases, limited civil jurisdiction and Magistrate functions. All justice courts and most municipal courts are not courts of record. Appeals from these courts are by trial de novo in the county-level courts, and in some instances in the district courts. Also some municipal courts are courts of record -- appeals from those courts are taken on the record to the county-level courts. As of September 2013, 151 courts indicated that they were a court of record. An offense that arises under a municipal ordinance is punishable by a fine not to exceed: (1) $2,000 for ordinances that govern fire safety, zoning, and public health or (2) $500 for all others.
References
Cheeseman, Henry R. Business Law, VitalSource for DeVry University, 8th Edition. Pearson Learning Solutions, 02/2013. VitalBook file.
Welcome to the Texas Judicial Branch. (n.d.). Retrieved November 9, 2014.