Court of Criminal Appeals

THE FINAL AUTHORITY OVER CRIME IN TEXAS

Though it is not as well known as the Texas Supreme Court, the Court of Criminal Appeals is the “supreme” court for criminal matters in Texas. As the highest authority over criminal law enforcement, the Court of Criminal Appeals makes decisions that directly affect your rights, as well as the public safety of every Texan.

The Court of Criminal Appeals consists of nine judges elected statewide to six-year terms. As in races for the Supreme Court, elections for the Court of Appeals often have more to do with contrasting judicial philosophies than political party labels.

Some judges believe it is their primary responsibility to protect the rights of the accused from the power of the state. They are likely to apply the constitutional restraints on that power strictly. These judges may insist that the start follow procedural rules to the letter in investigating or prosecuting a crime, and may be more likely to reverse a conviction bases on violation of the procedural rules.

Other judges tend to be more lenient toward the power of the state, They may be willing to give the police more latitude to investigate a crime or the prosecutor more flexibility in pursuing the state’s case. In short, these judges tend to require less vigorous constitutional restraints on the state’s power and may uphold convictions despite “technical” violations of the procedural rules.

To help evaluate the philosophies of Court of Criminal Appeals judges, the District and County Attorneys Association has established a rating system based on the percentage of convictions each judge has voted to uphold. Other surveys, such as state and local bar polls, may provide relevant information about the judge.

These types of rating systems are to some extent arbitrary, but they do provide some insight into a particular judges’ philosophy. Also examine the legal background and experience of each judicial candidate, the types of attorneys and organizations that support the candidate, and the candidate’s own campaign material. Read newspaper articles and find out what they know about the candidates.

The Court of Criminal Appeals is just as important as the Supreme Court. Its decisions have a significant impact on law enforcement in this state and directly affect you and your family.

Visit the official Texas Court of Criminal Appeals website.