Bill

SJR 47

87(R) - 2021
Senate Jurisprudence
House Judiciary & Civil Jurisprudence
Senate Jurisprudence
House Judiciary & Civil Jurisprudence
Elections
Courts
Judges
Texas Constitution

Contact the Author

Joan Huffman

Phone:

512-463-0117

Capitol Office:

1E.15

Email:

Vote Recommendation

No
  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Negative

Author(s)

Joan Huffman
Brian Birdwell
Juan "Chuy" Hinojosa
Robert Nichols

Co-Author(s)

Judith Zaffirini

Sponsor(s)

Brooks Landgraf

Bill Caption

Proposing a constitutional amendment changing the eligibility requirements for certain judicial offices.

Fiscal Notes

No significant fiscal implication to the State is anticipated, other than the cost of publication. The cost to the state for publication of the resolution is $178,333.

Bill Analysis

SJR 47 proposes a constitutional amendment adjusting the eligibility requirements for justices of the Supreme Court, judges of the Court of Criminal Appeals, justices of each Court of Appeals, and all District Court judges. If adopted, this amendment would narrow the pool of available candidates for statewide judicial office by increasing certain qualifications such as length of residency and length of time as a practicing lawyer, judge, or both in the state of Texas. 

If approved, SJR 47 would also require that a person not have had their law license suspended or revoked prior to assuming one of these judicial offices. The new requirements would only apply to judges elected or appointed after January 1, 2025.

Vote Recommendation Notes

It is not unreasonable to have some basic qualifications for office such as age and citizenship/residency. After all, there are three (and only three) eligibility requirements to run for President of the United States. Once eligibility qualifications narrow beyond those conditions, things get murky.

On one hand, there is an argument to be made that candidates must be well-qualified for the position they seek. On the other hand, there is a serious question as to who should determine whether or not a candidate is qualified.

The limited government solution is to let candidates run for office, make arguments to voters, and let the voters decide. Narrowing the pool of available candidates by increasing barriers to eligibility smacks to some degree of incumbent protection and distrust of the electorate. If there is a concern that poorly-qualified candidates are running for office, perhaps the better solution is to recruit better candidates. 

Texas Action opposes SJR 47 which would infringe on the individual liberty of the people who would be made ineligible to hold statewide judicial offices.

Contact the Author

Joan Huffman

Phone:

512-463-0117

Capitol Office:

1E.15

Email: