Texas The Texas Constitution

§ 5.1-a — RETIREMENT, COMPENSATION, DISCIPLINE, AND REMOVAL OF JUSTICES AND JUDGES; STATE COMMISSION ON JUDICIAL CONDUCT

CN § 5.1-a

Statute text

(1)Subject to the further provisions of this Section, the Legislature shall provide for the retirement and compensation of Justices and Judges of the Appellate Courts and District and Criminal District Courts on account of length of service, age and disability, and for their reassignment to active duty where and when needed. The office of every such Justice and Judge shall become vacant on the expiration of the term during which the incumbent reaches the age of seventy-five (75) years or such earlier age, not less than seventy (70) years, as the Legislature may prescribe, except that if a Justice or Judge elected to serve or fill the remainder of a six-year term reaches the age of seventy-five (75) years during the first four years of the term, the office of that Justice or Judge shall become vacant on December 31 of the fourth year of the term to which the Justice or Judge was elected.

(2)The State Commission on Judicial Conduct consists of the following 13 members:

(i)six judges or justices of courts in this state appointed by the Supreme Court with the advice and consent of the Senate, two of whom must be trial court judges; and

(ii)seven citizens appointed by the Governor with the advice and consent of the Senate, who are at least 35 years of age. (2-a) A person may not be appointed to or remain a member of the Commission if the person does not maintain physical residence within this State or has ceased to retain the qualifications specified in Subsection (2) of this Section for that person's appointment. (2-b) A person appointed under Subsection (2) of this Section who is a judge or justice may not be a judge or justice in the same type of court as another member of the Commission who is a judge or justice.

(3)The regular term of office of Commissioners shall be six years. Interim vacancies shall be filled in the same manner as vacancies due to expiration of a full term, but only for the unexpired portion of the term in question. Commissioners may succeed themselves in office only if the commissioner has served less than three consecutive years.

(4)Commissioners shall receive no compensation for their services as such. The Legislature shall provide for the payment of the necessary expense for the operation of the Commission.

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