The 167th District Court
The Judge
Hi, I’m Judge Mike Lynch, the judge of the 167th District Court. I have served as the judge of this court since 1993. Before that I practiced law as a criminal defense attorney for nine years and as a prosecutor for 5 years.The 167th District Court is a felony criminal court. We handle cases for which a person, if convicted, could receive sentences ranging from 6 months in a state jail to life in prison, or in a capital murder case, the death penalty.
Felonies include offenses such as possession or delivery of controlled substance
(cocaine, methamphetamine, heroin and many other drugs), third offense DWI, theft
over $1500.00, forgery, unauthorized use of a motor vehicle, aggravated assault,
sexual assault, burglary, robbery, and murder.This court has approximately 800 pending cases at any given time. Most of these are disposed of through plea bargain agreements – the defendant agrees to plead guilty and the state agrees to recommend a lighter punishment than if the case proceeded to trial. This process, while criticized at times, is the only way to move a massive docket like the one we have. As the judge, I preside over the actual plea of guilty to insure that the defendant understands his rights and exactly what he is doing. I also have the right to reject any agreement that I believe is unreasonable or not in the interest of justice.
A defendant can also plead guilty even without an agreement with the state and ask the judge to sentence him to less time than the state is requesting. In this scenario, he must accept the judge’s decision, even if it’s not what he wanted.
A defendant can plead not guilty at arraignment and have his case tried before a jury. In a felony case there are 12 jurors selected, and the verdict must be unanimous. If convicted, a defendant has the right to have either the jury or judge assess his punishment. He must make this decision prior to trial. A defendant may also waive a jury, with the agreement of the state and have his case tried on all issues before the judge.
During a jury trial it is the judge’s duty to oversee the proceedings, including hearings on pretrial motions, jury selection, presentation of evidence, and argument of counsel, as well as provide the jury with the applicable law and instructions to guide their deliberations. In addition, it is the judge’s duty to maintain proper decorum in the court and to insure that a fair and orderly trial occurs. The judge must be impartial and evenhanded, regardless of the facts or situation, and he must exhibit this fairness at all times during court proceedings.
A district judge in Travis County also has several administrative duties. In addition to overseeing a docket of several hundred pending cases, each judge serves on a board that oversees the adult probation department and a separate board to govern the juvenile court system. Judges also serve on the Community Justice Council, Bail Bond Board and many other boards and committees dealing with criminal justice issues. District judges also oversee the formation, empanelling, and operation of grand juries.
The position of district judge is an elected office in Texas. Each term is for a period of four years. In order to be eligible to serve as a district judge a person must meet the following qualifications established by the Texas Constitution:
- be a citizen of the United States and the State of Texas
- be licensed to practice law in Texas and have been a practicing lawyer or judge for four years before the election
- have resided in the district (Travis County) for 2 years preceding the election.
The 167th District Court has jurisdiction to hear any felony criminal case arising in Travis County.
Last Modified: Friday, June 20, 2008 12:06 PM
