Texas judges and the judicial system

Texas Judges

Selection Process and Qualifications

In the words of Maxwell, Crain, and Santos, "Texas elects its judges (except municipal court judges) in partisan elections" (286). In theory, therefore, the selection of judges in Texas does not differ significantly from presidential and congress elections (Streb 7). To begin with, the basic qualifications of most judges in Texas are established in the constitution. However, additional qualifications may be prescribed in the relevant legislation creating statutory courts. According to the American Judicature Society, to be eligible for selection as a judge in the Supreme Court, Court of Criminal Appeals, and Court of Appeals, one must in addition to being a U.S. citizen and a resident of Texas also be licensed in the state. One must also have practiced as a judge and/or lawyer for a minimum of 10 years. The age limit for individuals seeking election as judges in the aforementioned courts is 35-74 years (American Judicature Society). However, with regard to district courts, those seeking to be elected are only required to have 4 years worth of experience as practicing state judges and/or lawyers. At 35, the minimum age limit for those seeking to be elected is also lower than that required in higher courts as described above (American Judicature Society).

As I have already pointed out elsewhere in this text, the selection of Judges in Texas is largely partisan. Save for municipal judges (whose election is orchestrated by the municipality's governing body), all the other judges are elected by voters (registered) in the relevant geographical area. Reelection is in this case the basis for retention (American Judicature Society). Further, as the American Judicature Society further points out, interim vacancies in the Supreme Court, Court of Criminal Appeals, Court of Appeals, and District Court are filled by way of "gubernatorial appointment with senate approval." Some of the things that could cause judges to vacate office prior to the completion of their terms include misconduct, illness, or personal issues.

Proposed Process for Selection of Judges

It is important to note that "because judges are supposed to be above politics, partisan judicial elections are quite controversial" (Streb 7). Indeed, just like any other individual gunning for an elective post, candidates for the bench must in this case conduct campaigns. Such campaigns require the services of fully fledged staff, organization of numerous events, advertising, etc., - and hence donations. In that regard therefore, it is not hard to see why the independence of those gunning for positions is at risk. It is for this reason that I propose my own process for selecting judges.