Public Trust and Confidence
in the Courts and the Legal Profession in Texas
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Summary Report


TABLE OF CONTENTS

Project Members & Acknowledgments

Introduction 

Purpose

Methodology

Overall Results

Overall Opinion of the Texas Court System

Honesty and Ethics

Quality Performance

Equality and Fairness

Accessibility and Accountability

Protection of Society

Preferred Methods for Selecting Judges and Representation on the Bench

General Knowledge of and Experience with the Texas Courts

Public Attitudes Toward Lawyers

Stratified Results

Differences by Racial/Ethnic Background

Differences by Urban/Rural Residency

Differences by Gender

Differences by Income Level

Differences by Education Level

Differences by Recent Court Experience

Other Key Factors Related to Public Perception of the Courts and the Legal Profession

Conclusion

SUMMARY REPORT

December 1998

A Joint Project by

Project Staff

Office of Court Administration:
Mary J. Cowherd, Deputy Director for Research and Court Services
Joseph Shields, Research Specialist
Jeffrey Vice, Administrative Analyst
Celinda Provost, Technical Writer
Maria Elena Ramon, Assistant General Counsel
Angie Medina, Administrative Assistant

State Bar of Texas:
Cynthia L. Spanhel, Director of Research and Analysis
Michael Duke, Senior Research Associate
Carol Lynn Cannon, Research Assistant
Heather Shaw, Consultant

Texas Office of Court Administration
214 W. 14th Street, Suite 600
Tom C. Clark Building
Austin, Texas 78711

(512) 463-1625

This project was developed under a technical assistance grant (SJI-98-T-206) from the State Justice Institute. The points of view expressed are those of the authors and do not necessarily represent the official position or policies of the State Justice Institute.

 

ACKNOWLEDGMENTS

Many people contributed to this study. Our thanks go out to all of them, but especially to Justice Greg Abbott, who served as the Supreme Court's liaison for the public trust and confidence study, Richard Pena, president of the State Bar of Texas (State Bar), and Jerry Benedict, administrative director of the Office of Court Administration (OCA), for their invaluable support, advice and assistance on almost every aspect of this project. This report was funded in part through a technical assistance grant from the State Justice Institute and we are greatly appreciative of their support.

The research staff at the OCA and the State Bar gratefully acknowledges the assistance and guidance of the following people who helped to formulate the survey instrument used in this study: Hon. Thomas R. Phillips, chief justice of the Supreme Court; Tony Alvarado, executive director of the State Bar; Hon. David C. Godbey, 160th District Court; Hon. Darrell B. Hester, presiding judge, 5th Administrative Judicial Region; Hon. Cynthia Stevens Kent, 14th District Court; Hon. Lamar McCorkle, 133rd District Court; Hon. David Peeples, presiding judge, 4th Administrative Judicial Region; and Bob Luskin, associate professor, and Daron Shaw, assistant professor, at the University of Texas. We would also like to acknowledge the work of David Rottman at the National Center for State Courts for compiling useful information on public trust and confidence research being conducted across the country. The compilation of surveys and reports from other states proved invaluable in the formulation of the survey instrument used in this study of the courts and legal profession in Texas.

Thanks to the survey team at the University of North Texas' Survey Research Center (SRC) for their excellent work in the administration of the telephone survey. The following members of the SRC staff were responsible for making this project a success: James J. Glass, Paul Ruggiere, Haidy Estafanos, and T.S. Sunil.

Most importantly, a debt of gratitude is owed to the 1,215 Texans who made this study possible by completing our telephone survey.


Introduction

The judicial branch of government derives much of its power from public support and respect. During the last decade, there has been a perception that the country's support of and respect for the courts and the legal profession have weakened and, as a result, improving public trust and confidence has emerged as the major issue facing the judiciary and the bar. The Conference of Chief Justices, the American Judges Association, the Conference of State Court Administrators, and the National Association for Court Management have designated public trust and confidence in the courts as their top priority for the next three years. Moreover, the American Bar Association has not only declared its support for the courts' top priority, but has assigned public trust and confidence in the legal profession as a priority for the bar as well.

Although private sector entities have collected and analyzed information from their current and prospective customers for many years to develop better marketing strategies, create new products, and improve their public image, the public sector has only recently begun to consider these activities. In 1994, through a grant from the State Justice Institute, the Judicial Council of Virginia tested a variety of consumer research techniques (e.g., telephone surveys, mail surveys, exit interviews, focus groups) and pioneered the approach of integrating research findings into the state judiciary's strategic planning process.(1) This study on public trust and confidence in the courts and the legal profession in Texas, as well as similar studies being conducted around the nation, draws upon Virginia's findings to develop a research methodology that yields information to help judicial leaders and policymakers improve the operations and public perception of their state court systems.

In response to the growing national concern about public support and respect for courts and the legal profession, the Texas Office of Court Administration (OCA) and the State Bar of Texas (State Bar) have conducted comprehensive research on public trust and confidence. The information presented in this report, which was collected from the general public through an extensive telephone survey, is the first part of a multidimensional study that also includes mail surveys of lawyers, judges, and court personnel to gauge their respective perceptions of the justice system. A separate report on the findings from the mail surveys will be issued in early 1999. The findings contained in this report and the forthcoming report will provide a broad view of the judiciary and the legal profession from several different perspectives (i.e., the public, lawyers, judges, and court personnel).

According to the National Center for State Courts (NCSC), Texas is one of 17 states (Arizona, California, Florida, Idaho, Iowa, Massachusetts, Michigan, New Jersey, New Mexico,(2) North Carolina, Pennsylvania, Rhode Island, Utah, Virginia, Washington, and Wisconsin) that have conducted full studies on public trust and confidence in the courts. Five states (Alabama, Kentucky, Louisiana, Mississippi, and Oregon) have completed studies which dealt in part with public trust and confidence issues, and three more jurisdictions (District of Columbia, New Hampshire, and Puerto Rico) are in the planning stages of public trust and confidence studies.

In addition to the state-level research activity, the NCSC is scheduled to coordinate a national public trust and confidence research project. The project will be a follow-up to the NCSC's 1978 national study on the public image of the courts.(3)

Purpose

This study provides baseline information about how Texans view the courts and the legal profession in their state. This information can be used by judicial and bar leaders and policymakers to recommend systemic changes to improve the state's court system and public perception of the judicial system and the legal profession in Texas. The baseline data can also serve as a useful benchmark to which future research on the public's image of the courts and the legal profession can be compared. Further, the study provides information regarding the disparities that exist among different segments of the Texas population regarding how they perceive the courts and the legal profession in Texas.

 

Methodology

The findings presented in this report are based on a telephone survey administered to a stratified, random sample of 1,215 Texas adults. The survey instrument was designed by research staff at the State Bar and OCA, with substantial input from the State Bar's leadership, Texas Supreme Court justices, a group of Texas district court judges, and faculty at the University of Texas at Austin.

Under an interagency contract with OCA, the telephone survey was administered by the Survey Research Center at the University of North Texas (UNT), between July 17, 1998 and September 1, 1998. OCA and State Bar research staff worked closely with the survey team at UNT in the pre-testing of the survey instrument and the training of interviewers. The overall margin of error for the survey is +/- 2.8 percent, at the 95 percent confidence level. This indicates that, in 95 out of 100 cases, the results based on a sample size of 1,215 will differ by no more than 2.8 percent in either direction from the results that would be obtained from interviewing the entire adult population of Texas.

Overall Results

The survey results indicated that the public's view of the courts and the legal profession in Texas is generally positive, but that Texans believe that there are areas in the justice system that need improvement. Highlights from the survey are presented below.

Overall Opinion of the Texas Court System

The majority of Texans had a favorable overall impression of the state's court system and a positive opinion of both the legal process and the judges they observed. Survey respondents were satisfied with the services they received from Texas courts, and overwhelmingly believed that the state's courts are overworked.

Figure 1

Overall Impression of Texas Courts














Source: Survey of Texans Regarding Trust and Confidence in the Courts and the Legal Profession in Texas, 1998.

Honesty and Ethics

When asked to rate various professions in terms of honesty and ethics, Texans thought highly of judges, but were less inclined to believe that lawyers are honest and ethical. Texas courts were also more likely than other institutions or industries (e.g., the media, insurance companies, the public school system) to be viewed as honest and ethical.

Quality Performance

Most Texans thought that judges are highly qualified; however, the majority disagreed that court cases are completed expediently.

Equality and Fairness

Survey respondents provided conflicting answers to questions about equality and fairness in the Texas courts. While most Texans felt that the courts were the best place to settle disputes and believed that they would receive fair treatment from the Texas courts, they did not feel that the courts treat all people alike regardless of gender, race, or socio-economic status. Furthermore, Texans were inclined to believe that judicial campaign contributions have a significant influence on the decisions made in the courtroom.

Figure 2

If I Had A Case Pending in the Texas Courts,
I Believe I Would Be Treated Fairly
















Source: Survey of Texans Regarding Trust and Confidence in the Courts and the Legal Profession in Texas, 1998.

Figure 3

Texans Agreeing That Courts Treat All People Alike
Regardless of Gender, Race, or Socio-economic Status














Source: Survey of Texans Regarding Trust and Confidence in the Courts and the Legal Profession in Texas, 1998.

Accessibility and Accountability

The public had mixed views on several issues related to court accessibility. While most Texans felt that the courts make adequate accommodations for people with disabilities and special language needs, they disagreed that court costs and filing fees are affordable and that court procedures can be understood by the average person. On a related issue, most people felt that the courts are accountable to the public for their actions.

 

Protection of Society

Texans felt that protecting society from criminals is a critical role of the courts. Respondents agreed that the courts protect citizens' rights; however, they voiced concern that judges are too lenient with criminals and that crime victims should be given more opportunity to tell their side of the story in court.

Preferred Methods for Selecting Judges and Representation on the Bench

Although Texans thought that campaign contributions made to judges have an impact on courtroom decisions, the majority did not want to change the elective system for selecting judges. The majority of survey respondents also felt that there are too few women and minority judges in Texas.(7)

General Knowledge of and Experience with the Texas Courts

While a significant number of Texans indicated that they have been in a Texas courtroom in recent years, the survey responses to questions about burden of proof and the appeals process showed that most Texans do not have a clear understanding of how the Texas judicial system works. Many Texans were likely to have recent court experience; however, the breadth of the experience was somewhat limited in terms of the number of appearances. Most Texans have not been in court more than three times in the past 10 years; these appearances were generally for jury duty.

Public Attitudes Toward Lawyers

Although lawyers received fairly low ratings when survey respondents were asked if they believe that lawyers are honest and ethical, some of the information collected in the survey contradicts this belief. A slight majority of Texans had a positive general opinion of lawyers compared to nearly one-third who expressed a negative general opinion. Although Texans expressed some specific reservations about lawyers (e.g., lawyers manipulate laws to get criminals released, lawyers are driven by money, services provided by lawyers are not affordable to the average person), most Texans felt that lawyers are competent in their profession and are necessary to protect the rights of the people.

Figure 4

General Opinion of Lawyers















Source: Survey of Texans Regarding Trust and Confidence in the Courts and the Legal Profession in Texas, 1998.

Stratified Results

The overall survey findings show Texas courts and lawyers in a favorable light; however, there is disparity in some of the responses when they are stratified by race/ethnicity, urban/rural residency, gender, socio-economic status, education, or recent court experience. Some of the key findings from the stratified analysis are presented below.

Differences by Racial/Ethnic Background

Table 1

Significant Differences by Racial/Ethnic Background







Survey Statement

Percentage of Texans Agreeing with the Statement

Caucasian/
Anglo
Hispanic / Latino African American / Black
Overall impression of the Texas court system is positive 48% 63% 53%
I feel that I would be treated fairly if I had a case pending in the Texas courts 74% 74% 61%
Satisfied with the process and judges observed in Texas courts 84% 83% 73%
The courts treat men and women alike 48% 61% 30%
The courts treat all people alike regardless of race 37% 54% 30%
The courts treat poor and wealthy people alike 17% 36% 17%
Judges are too lenient with criminals 65% 67% 50%
There are too few female judges in Texas 57% 68% 72%
There are too few racial/ethnic minority judges in Texas 47% 58% 75%


Differences by Urban/Rural Residency

Table 2

Significant Differences by Urban/Rural Residency





Survey Statement

Percent of Texans Agreeing

with the Statement

Urban Rural
The courts treat men and women alike 44% 54%
The courts treat all people alike regardless of race 39% 45%
Judges are too lenient on criminals 59% 73%
There are too few racial/ethnic minority judges in Texas 62% 51%

Differences by Gender

Women had a more favorable impression of the Texas courts than men. They were more likely to feel that the courts treat all people alike regardless of gender, and they were slightly more inclined to believe that they would be treated fairly by the courts if they had a case pending. A larger proportion of male survey respondents felt that there are too few female judges on the bench. (See Table 3).


Table 3

Significant Differences by Gender







Survey Statement

Percent of Texans Agreeing

with the Statement

Male Female
Overall impression of the Texas court system is positive 51% 58%
I feel that I would be treated fairly if I had a case pending in the Texas courts 68% 74%
There are too few female judges in Texas 68% 58%

Differences by Income Level


Table 4

Significant Differences by Income Level









Survey Statement

Percent of Texans Agreeing with the Statement

Less than

$25,000

$25,000

to $74,999

$75,000

or More

Overall impression of the Texas court system is positive 56% 54% 45%
The courts treat men and women alike 54% 44% 34%
The courts treat all people alike regardless of race 47% 37% 33%
The courts treat poor and wealthy people alike 27% 18% 19%
Judges are too lenient with criminals 60% 62% 54%
There are too few racial/ethnic minority judges in Texas 57% 60% 66%

Differences by Education Level

Table 5

Significant Differences by Education









Survey Statement

Percent of Texans Agreeing with the Statement

No High School Diploma High School Diploma or Some College College
Degree
The courts treat men and women alike 69% 45% 41%
The courts treat all people alike regardless of race 59% 40% 35%
The courts treat poor and wealthy people alike 41% 22% 18%
Judges are too lenient with criminals 70% 65% 54%
There are too few racial/ethnic minority judges in Texas 43% 59% 66%

Differences by Recent Court Experience

 

Table 6

Significant Differences by Recent Courtroom Experience









Survey Statement

Percent of Texans Agreeing

with the Statement

Have Been

in a Texas Courtroom in the Past Two Years

Have Not Been

in a Texas Courtroom in the Past Two Years

I feel that I would be treated fairly if I had a case pending in the Texas courts 65% 72%
There are too few racial/ethnic minority judges in Texas 65% 55%

 

Other Key Factors Related to Public Perception of the Courts and the Legal Profession

In addition to the significant differences reported for race/ethnicity, residency, gender, income level, education level, and recent courtroom experience, the following factors were found to be associated with variation in the public's perception of the courts and the legal profession in Texas:

Conclusion

These findings on public trust and confidence in the courts and the legal profession in Texas are consistent with similar research conducted in other states. The overall opinions regarding the Texas court system are positive; however, the survey responses highlight specific areas that Texans believe need improvement. For example, there was concern about fairness and equality in the courts, excessive court costs and filing fees, clarity of court procedures, protection of society from criminals, and victims' rights.

In addition, survey responses were not uniform among all segments of the Texas population. For example, African Americans, Hispanics, and Caucasians viewed the courts differently. Hispanics had the highest degree of confidence in the courts and African Americans had the lowest. Differences were also observed when the data was stratified by gender, urban/rural residency, socio-economic status, education, court experience, and knowledge of the judicial system.

Finally, Texans had a generally positive view of the legal profession. Lawyers were perceived to be competent, generally respectful to their clients, and necessary to protect the rights of the people. Texans did, however, voice some concern about the cost of legal services, lawyers' excessive interest in money, and the lack of free legal services for those who cannot afford lawyers.

1. See The Public as Partners: Incorporating Consumer Research into Strategic Planning for the Courts, Judicial Council of Virginia (March 1994); and Court User Opinions: Incorporating Consumer Research into Strategic Planning, Supreme Court of Wisconsin (July 1997).

2. The study conducted by New Mexico also examined public trust and confidence in the legal profession.

3. See The Public Image of the Courts: Highlights of a National Survey of the General Public, Judges, Lawyers and Community Leaders, National Center for State Courts (March 1978).

4. See Arizona State Court Citizen Survey: The Public Perspective, Arizona Supreme Court and the Administrative Office of the Court (July 1997).

5. See Florida Statewide Public Opinion Survey: Staff Report, Judicial Management Council, Committee on Communication and Public Information (July 1996).

6. See Community Survey of Lawyers and the Legal System, State Bar of New Mexico and the Administrative Office of the Courts (June 1997).

7. As of February 1998, women represented 20 percent of the 396 district court judges, 28 percent of the 80 intermediate appellate court justices, 22 percent of the nine Court of Criminal Appeals judges, and 33 percent of the nine Supreme Court justices in Texas. Ten percent of the district court judges were Hispanic and 3 percent were African American. Similarly low percentages of Hispanics (9 percent) and African Americans (1 percent) were among the state's intermediate appellate court justices, Court of Criminal Appeals judges (Hispanic: 0 percent; African American: 11 percent), and Supreme Court justices (Hispanic: 11 percent; African American: 0 percent).

8. "High income" is defined as having an annual household income of $75,000 or more, "middle income" is defined as having an annual household income between $25,000 and $74,999, and "low income" is defined as having an annual household income of under $25,000.

9. Almost twice as many Texans (15 percent) with recent courtroom experience "strongly disagreed" that judges are too lenient with criminals than those without such experience (8 percent).

10. Responses from "Younger (18 to 34)" and "Older (Over 55 years old)" survey respondents were compared to responses from "Middle-Aged (36 to 55 years old)" respondents which served as the reference category for the age variables included in the statistical models.

 


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