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Blog: Judicial Selection

Judicial Issue Blog
By LWV Texas
Posted: 2021-05-13T22:54:00Z
JUDICIAL ISSUE BLOG

May 13, 2021

 SB 1529 - OPPOSE – now in the House State Affairs Committee

After SB 1529 passed the Senate and was sent to the House State Affairs Committee, LWVTexas issued an Action Alert asking members and supporters to contact their representatives and ask them to vote AGAINST this bill. SB 1529 would create a special appeals court (the Texas Court of Civil Appeals) of limited jurisdiction that would give the state undue advantage in litigation brought against the state by citizens alleging injustices committed by the state or its agents. The judges on this new special court would be elected at-large statewide.

For more information and to TAKE ACTION then  and scroll down to DON’T MESS WITH TEXAS COURTS.  As of this date, SB 1529 has not been set for a committee hearing which is good news as the time is growing short to schedule one.

 SJR 47

On May 5, LWV signed onto testimony supporting this measure (already passed by the Senate). The testimony was presented to the House Judiciary and Civil Jurisprudence Committee by Joanne Richards of the Texas Fair Courts Network; other Network members signing on were Clean Elections Texas, and Common Cause Texas, Common Ground for Texans.

The testimony noted that the report of the Interim Commission on Judicial Selection overwhelmingly recommended (by a vote of 12 yes,1 no, and 2 abstain) that the state should increase the minimum qualifications for judicial offices. SJR 47 would do that by increasing the required amount of legal experience as well as the period during which a person’s license to practice law could not have been revoked, suspended or subject to a probated suspension.

The resolution, if passed into law, would require approval of a constitutional amendment by Texas voters. After the hearing, SJR 47 was reported favorably, without amendments, out of the Committee.  

HB 1875

LWVTX is also watching and OPPOSES HB 1875 (Landgraf), which has passed the House Judiciary and Civil Jurisprudence Committee and has been sent to Calendars. This measure would create special business courts at the trial and appellate levels which would have statewide jurisdiction in cases involving complex business law. The seven judges on each court would be appointed by the governor. HB 1875 appears to be another attempt to dilute minority voting power, bypassing elected judges at the local and regional levels.  

HJR 165

LWV-TX SUPPORTS HJR 165 (Sitton), a proposed constitutional amendment that would allow the State Commission on Judicial Conduct (SCJC) to accept complaints or reports, conduct investigations, and take any other action authorized by the Texas Constitution with respect to a candidate for state judicial office in the same manner the commission may take those actions with respect to a person holding such office.

HJR 165 would level the playing field between candidates for judicial office who are not current officeholders and incumbents by expanding the authority of the SCJC to receive complaints and conduct investigations. Currently, elected judicial officers are held to high standards specified in the Code of Judicial Conduct, whereas their non-judge opponents are not.

The proposal passed out of the House Judiciary and Jurisprudence Committee and has been placed on the Constitutional Amendment Calendar by the Calendars Committee.