JUDGES GOVT 2306 Module 9 OVERVIEW OF JUDGES

JUDGES GOVT 2306, Module 9

OVERVIEW OF JUDGES IN TEXAS All Texas judges, except for some municipal court judges, are elected in partisan elections, just like other officials. Appellate judges in Texas serve six-year terms. Trial court judges serve four-year terms. Some municipal court judges serve two-year terms. JPs and constitutional county court at law judges are not required to be lawyers or to have gone to law school. Other judges must be experienced lawyers. The governor fills vacancies in district courts and appellate courts by appointment subject to a two-thirds confirmation vote of the Texas Senate. In practice, many Texas judges first get to the bench by appointment.

IS JUSTICE FOR SALE? Critics of the judicial selection system in Texas believe that money plays too prominent a role in the process.

MONEY AND THE COURTS Candidates for judicial office in Texas collect campaign contributions from individuals and groups who have a stake in the outcome of cases. Most of the money comes from lawyers, many of whom practice before the court, and business interests involved with cases heard by the court. It’s the trial lawyers v. business groups fighting over the rules governing tort cases.

PAY FOR PLAY IN HARRIS COUNTY Many Republican primary voters carry the guides into the polling place with them and use them to decide for whom to vote in down-ballot races. Steve Hotze, Gary Polland, and Terry Lowry are Harris County Republicans who publish endorsement slates that they mail to Republican voters. Critics call the slates “pay for play” because the endorsements go to the candidates who pay the most money.

MONEY & THE COURT OF CRIMINAL APPEALS No wealthy interest groups care about the outcomes of cases heard in the Texas Court of Criminal Appeals. Ironically, races for seats on Texas Court of Criminal Appeals, involve less money than many contests for local judicial office. Why do you think candidates for this court are unable to raise big bucks?

THE LONG BALLOT Critics believe that many voters are unable to intelligently evaluate the qualifications of judicial candidates. In Harris County, voters must select from among hundreds of candidates for more than 60 judicial positions.

AN UNREPRESENTATIVE JUDICIARY

MERIT SELECTION Merit Selection (or the Missouri Plan) is a method for selecting judges that combines gubernatorial appointment with voter approval in a retention election. Twenty-five states use Merit Selection to fill a significant number of judgeships, but NOT Texas. Note: Texas DOES NOT use this method of judicial selection.

STEPS IN THE PROCESS When a vacancy occurs, a commission presents a list of qualified replacements and the governor chooses one person from the list, subject to a two-thirds vote of Senate confirmation. The newly appointed judge faces a retention vote in the next general election: “Should Judge ____ be retained in office? ” If approved, the judge serves a term and then faces another retention vote. If rejected, the process begins again. NOTE: Texas does NOT use this system of judicial selection.

OTHER PROPOSED REFORMS Nonpartisan election Smaller districts for district judges in urban areas Elimination of straight-ticket voting in judicial elections None of these reforms has been adopted in Texas.

JUDICIAL RETIREMENT State law requires district and appellate judges to retire at age 75. (The guy on the right, a federal judge, was 104 when he died in January 2012. ) Why wasn’t he forced to retire? Federal judges serve for life.

COMMISSION ON JUDICIAL CONDUCT Judges may be disciplined and removed from office for incompetence or unethical conduct. The Texas Constitution empowers the Commission on Judicial Conduct, a body composed of judges, lawyers, and laypersons, to investigate complaints against judges and recommend discipline.

DISCIPLINE Admonition Warning Reprimand Recommendation to Texas Supreme Court to remove the judge

IMPEACHMENT In addition to removal by the Supreme Court, Texas judges may be removed through the impeachment process or by a procedure known as address from office, which is a procedure for removing judicial officials that is initiated by the governor and requires a two-thirds vote by the legislature.

WHAT YOU HAVE LEARNED What are the terms of office, method of selection, and qualifications for judges in Texas? How are judges chosen in Texas and why is judicial selection in the state controversial? How can Texas judges be disciplined and removed from office?