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.