Texas Law Review Archives
 

Volume 53
1974-1975

Issue Number 5

Comment:
Bea Ann Smith, Prophylactic Due Process: Constitutional Infirmities of the Infirmities of the Texas Lower Court System, 53 Texas L. Rev. 1005 (1975).
 

Abstract:
Due process scrutiny of various state court procedures has intensified significantly over the last fifty years. Although not uniformly celebrated, this trend has reshaped attitudes toward the degree of discretion due the states in establishing their own judicial systems. In Texas, problems with procedures for assuring impartiality and legal expertise of trial judges may leave the lower court system vulnerable to constitutional attack. This comment explores the doctrinal basis for such a challenge, and then appraises the actual operations of the county, justice of the peace, and municipal courts in light of the constitutional principles involved.


 







 


 

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