Focus Report, Volume 86, Number 3, August 2019 Page: 5
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* Proposition 1: Allowing municipal court
judges to hold office in more than one
municipality
HJR 72 by White (Huffman)Supporters say
Texas Constitution Art. 16, sec. 40 generally prohibits
a person from holding more than one paid public office at
the same time. It also lists exceptions for certain offices.
Art. 16, sec. 40(c) allows persons to hold more than
one appointed office if certain conditions are met. Under
this exception, nonelective state officers may hold other
nonelective state offices if the other office is of benefit to
the state of Texas or is required by state or federal law and
if there is no conflict with the original office for which the
person receives salary or compensation.
Government Code sec. 574.001 allows a person to
hold the office of municipal judge for more than one
municipality at the same time if each office is filled by
appointment. This section also states that the holding of
these offices at the same time is of benefit to the state.
A 1996 attorney general's opinion (DM-428) held
that a municipal court judge holds a public office and is
thus subject to Art. 16, sec. 40, which prohibits someone
from holding more than one such office. The opinion also
stated that if a municipal court judge is appointed, the
judge may hold more than one appointment as long as
holding the additional office is of benefit to the state.
Digest
Proposition 1 would amend Texas Constitution Art.
3 to allow a person to hold office as municipal judge in
more than one municipality at the same time, regardless of
whether the person was elected or appointed to each office.
The ballot proposal reads: "The constitutional
amendment permitting a person to hold more than one
office as a municipal judge at the same time."Proposition 1 would make it easier for all cities to
have qualified municipal court judges. These judges play
an important role in the state's judicial system, but many
cities, especially smaller and rural ones, have trouble
finding qualified candidates. Cities that have chosen to
appoint their municipal court judges have the option
to appoint individuals who also hold appointments as
municipal judges in other cities. However, the Texas
Constitution does not allow elected municipal court
judges to hold either an elected or appointed judgeship in
another city at the same time.
Proposition 1 would amend the Constitution so that
both elected and appointed judges would be allowed
to serve more than one city, giving all municipal courts
the opportunity to have the best judge possible. The
amendment would be a logical extension of current law
that allows appointed municipal court judges, who make
up more than 95 percent of the approximately 1,300
municipal court judges, to serve in more than one court.
Municipal court judges handle a range of issues,
including city ordinance violations, certain misdemeanor
offenses, and certain preliminary proceedings in felony
criminal cases. When municipal courts lack qualified
judges it can have a negative impact on public health
and safety. Proposition 1 would prevent such impacts by
allowing cities to appoint or elect municipal court judges
who also serve in other cities, expanding the pool of
qualified judges.
Proposition 1 also would allow judicial resources to
be used more efficiently and effectively and would be
especially beneficial to small or rural cities that do not
need a full-time judge and might hold municipal court
only occasionally. The state pays for judicial training, and
the amendment would allow training resources used forBackground
House Research Organization
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Texas. Legislature. House of Representatives. Research Organization. Focus Report, Volume 86, Number 3, August 2019, periodical, August 27, 2019; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1364417/m1/5/?q=%22~1~1%22~1&rotate=270: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.