Comparison of Texas and Nevada Court Structure - Coursework Example

 Comparison of Texas and Nevada Court Structure Overview of the Nevada Court Structure According to the American Judicature Society, the Nevada court structure is made up of four main court structure categories (www.judicialselection.us). They include: Municipal Courts, District Courts, Justices’ Courts as well as a Supreme Court. The American Judicature Society also indicates that the District courts of Nevada are in charge of trials in cases in a general jurisdiction manner (www.judicialselection.us). On the other hand, the Supreme Court has an authority in regarding to appellant Jurisdiction. The process of choosing Judges in Nevada court structure is usually undertaken in a non-partisan dimension through voting process. However the most unique feature of the Nevada Court structure in the process of choosing judges occurs in the sense that voters are not provided with an option indicating none of the above’; meaning they cannot indicate that none of the candidates presented for elections are not fit for judicial duties (Ames, 2014). This decision was arrived at after an election conducted in 2002, where approximately 78,000 voters indicated that none of the candidates that presented for elections were fit for judicial duties (www.judicialselection.us). There have been certain proposed amendments that have been proposed by the Nevada Judicial systems, but rejected. One of these proposed amendments that was rejected by a 70-30 election outcome was in 1996; this proposed amendment was geared toward setting term limits for judges, specifically indicating the judges could not be elected twice to occupy the same office, in case they had served in a previous term. However, after an intervention by concerned lawyers and other concerned citizens who undertook awareness campaigns in relation to the benefits of the proposed amendment, it was approved by a 70-30 election margin (www.judicialselection.us). In 2007 and 2009, Nevada legislature approved a proposed amendment that indicated that the process of selecting judges would be conducted through merit. However, legal documentation indicates that this amendment was quite different from the Missouri Plan in two dimensions: To begin with, this amendment suggested that judges would retain only retain office in the case that they accrue 55% of the votes cast. Secondly, the amendment suggested that an analysis of their performances as well as evaluation would determine if they remain in office or not. However, this amendment was also rejected with a vote margin of 58-42 (www.judicialselection.us). Nevada Court Structure The Supreme Court This is the highest court in the state of Nevada. However, the state of Nevada does not a separate or different appellant court. The Supreme Court of Nevada has seven judges, however, in previous years; the Supreme Court of Nevada had 6 justices. Currently the seven serving justices are: Justice Michael L. Douglas, Justice Michael A. Cherry, Justice Nancy M. Saitta, Justice Kristina Pickering, and Justice James W. Hardesty, Justice Mark Gibbons as well as Justice Ron D. Parraguirre (www.judicialselection.us). The role of the Supreme Court is to handle appeal cases from the District Courts, by basically determining associated legal errors that might have been made in the case of making decisions in regard to the cases appealed. On an annual basis, the Supreme court of Nevada handles approximately 2000 cases, most appeal cases from the various district courts (Ames, 2014). Additionally the Nevada Supreme court handles criminal cases and undertakes supervisory roles of the legal systems within the state. The other role of the Supreme court is to make recommendation is relation to appropriate changes that should be made on the States legal structures. Consequently, it is responsible for creating committees and commissions that assess Nevada’s judicial system, with an intention of making appropriate recommendations. Aspects of Nevada Supreme Court Clerk of the Court Clerk of the Supreme Court is in charge of management of all the case files of the Supreme Court as well as other court documents. Additionally, the clerk of the court is responsible for the release of Supreme Court decisions and coordinating hearings within the court (www.judicialselection.us). Nevada Law Library This is the library where relevant legal materials in Nevada are stored. This library can be accessed by the General Public, lawyers and the clerks (www.judicialselection.us). Administrative Office of the Courts This segment of the Supreme Court is in charge of all relevant administrative functions. It also offers services of support in trials on issues ascribed to application of certain technology as well as legal training (www.judicialselection.us). Nevada District Court The District Court of Nevada is the second highest level of court in the state. There are nine districts in Nevada, with 17 counties. Each District has its own court. The courts have a total of 80 Justices. The court handles cases associated with Juvenile issues, family, civil and criminal cases, basically considered general jurisdiction hearings (Ames, 2014). The criminal cases heard in the District courts are inclusive of; gross misdemeanor and acts of felony. Civil cases handled in the courts include disputes over sums surpassing $10,000. In regard to juvenile and family cases, their definition is made by the parties involved in the case. One of the changes that has been exhibited in relation to Nevada’s District courts is the fact that the number of Justices has been increasing overtime, from 60 in 2004 to 72 in 2010 and currently at 80 Justices (Ames, 2014). This court is charge of handling appeal cases from Municipal Courts within the state. The court can also conduct its trial in a non-jury or through a jury dimension. Consequently, the courts are in charge of handling disputes emerging from neglect and incidences of abuse (www.judicialselection.us). Nevada Justice Courts There are 63 Justices in the 43 Justice Courts of Nevada. The courts are in charge of handling misdemeanor issues, violation of traffic rules, hearing of felony cases, making arrangements in relation to hearing of misdemeanor. Civil disputes totaling to not more than $10,00 are also handled by the Justice Courts (www.judicialselection.us). Additionally, the Justice Court cases handle issues ascribed to tenant/landlord disputes. Legally, they are referred as limited jurisdiction level courts. Nine Justices out of the 63, are responsible for management of the Peace, with one acting as the Municipal Court Judge. A major change that has occurred in Nevada’s Justice system is the fact that the number of justices has been reduced from the previous 65 to the current 63 Justices (www.judicialselection.us). Nevada Municipal Court The court is currently composed of thirty Judges. They are also legally referred as limited jurisdiction cases as in the case of Justice Courts. The role of the Municipal Courts is to handle misdemeanor cases and issues arising from the violation of traffic rules. Currently, Nevada state has 18 Municipal courts managed by the thirty judges; nine out of these thirty judges are in charge of the Peace and as a Judge for the Municipal Courts. The District Court of Nevada has an appellate jurisdiction over all the Municipal Courts. Additionally, the courts handles civil disputes of up to $25,000. Documents that explicate the legal issues of all the courts in Nevada can be found at the Clark County Law Library (www.judicialselection.us). Texas Court Structure Supreme Court and Court of Criminal Appeals While the Nevada Court Structure seems simple, the Court structure of Texas appears complicated. Its Supreme Court has 9 Justices as compared to Nevada’s 7. Additionally, while the Supreme Court of Nevada is the highest level of judicial system in the state, the Supreme Court of Nevada is equal to the Court of Criminal Appeals, which also has nine Justices; however they serve varying purposes. The Court of Criminal Appeal serves as the highest level of judicial system where appeal cases to criminal offenses are handled: Moreover, death penalty judgments are also made in this court. On the other hand, the Supreme Court of Texas handles appeals related to civil cases as well as administrative disputes (www.courtstatistics.org). Court of Appeals There are 14 Courts of Appeal in Texas, with 80 Justices. The role of these courts is to provide hearing based on inter-mediate appeals related to criminal and civil cases. Approximately 95% of appeal cases usually end at this point owing to the fact the Supreme Court and the Courts of Criminal Appeals tend to determine the specific cases they handle (www.courtstatistics.org). District Courts and Criminal District Courts There are 441 District Courts in Texas, served by 454 Justices. Most of the cases at this level are handled through Jury trials. The specific cases handled at this level are: Juvenile cases, domestic relation disputes, felony and misdemeanor, real property disputes from $ 201 with no limit, torts as well as contracts. Miscellaneous civil cases are also handled in these courts. In relation to the Criminal District Courts, there are 13 courts of this type, served by thirteen judges: Most of the decisions made in the Criminal District Courts are undertaken by jury trials. Consequently, the cases heard at this level are, misdemeanor and felony issues (www.courtstatistics.org). County Level Courts There three categories of county level courts; the first category of these courts is the Constitutional County Courts, which are 254 and served by 254 Judges. Most of the cases are handled through jury trials in these courts. The specific types of cases at the Constitutional County Courts are: Violation of Traffic rules, juvenile and misdemeanor cases; tenant/ landlord disputes ranging between $200 to $10,000, contract and Tort cases (www.courtstatistics.org). Additionally, these courts handle issues ascribed to criminal appeals, miscellaneous civil offenses and cases of mental health. Probate Courts is another category of County Level Courts; they are 18 in number, served by 18 Judges’ trials are usually made by the Jury and they handle cases of estate and mental health issues. The third category of County Level Courts is the County Court at Law, which are 232 and are served by 232 Judges: These courts are in charge of handling tort cases, tenant/ landlord disputes ranging between $200 to $100, 000 (www.courtstatistics.org). They also handle traffic violation cases, juvenile cases, misdemeanor and miscellaneous civil appeals. Municipal and Justice Courts The Municipal Courts of Texas have the highest number of courts with 917 Courts, served by 1500 judges. Decisions are made through jury trials. Basically, these courts handle misdemeanor issues and traffic violations. On the other hand, there is the Justice Courts with 822 Judges serving the 822 justice courts. These courts handles issues ascribed to tort, real property ranging between $0-$10,000, parking cases and misdemeanor as well as traffic violation issues (www.courtstatistics.org). References State of Nevada. (n.d.). Retrieved November 22, 2014, from http://www.judicialselection.us/judicial_selection/index.cfm?state=NV Top of Form Bottom of Form Texas. (n.d.). Retrieved November 22, 2014, from http://www.courtstatistics.org/Other-Pages/State_Court_Structure_Charts/Texas.aspx Top of Form Bottom of Form Ames, D. (2014). Nevada's court structure. New Orleans. Read More