| Vote Recommendation | Economic Freedom | Property Rights | Personal Responsibility | Limited Government | Individual Liberty |
|---|---|---|---|---|---|
| No | Neutral | Neutral | Neutral | Neutral | Negative |
Proposing a constitutional amendment changing the eligibility requirements for certain judicial offices.
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.
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.
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.