OPINION
Prop. 12 opens door for governor to attack judges
Both sides of the aisle can agree that we need judicial oversight. But who governs that oversight process is crucial, and it should not be a partisan issue.
As it exists now, the Texas State Commission on Judicial Conduct is composed of six judges, two attorneys with at least 10-years of experience appointed by the state bar, and five citizens appointed by the governor.
The current constitutional language also specifies the six judges must sit on specific levels of the courts to ensure fair representation of different types of judges.
Proposition 12 would change the makeup of the SCJC to six judges appointed by the Texas Supreme Court and seven citizens appointed by the governor.
The SCJC has always had some authority to discipline judges and refer judges to a tribunal for potential removal from the bench. Proposition 12 further expands the SCJC’s power to discipline judges.
As someone in favor of increased judicial transparency and supervision of judicial ethics, this change alone is something I would typically support.
But this can quickly devolve into a sword used against judges that a political party disagrees with, when the governing body overseeing such discipline becomes a partisan body.
Under Proposition 12, a majority of the SCJC members will be citizens appointed by the governor. Given the way the current Texas governor talks about judges he dislikes, it’s easy to see how the citizens he appoints would be partisan rather than objective in their decision making.
Proposition 12 has no requirements for these seven citizen-members of the SCJC beyond residency in Texas.
They are not required to have any experience with the judicial system or any qualifications at all. Yet these seven citizens will be the majority on the 13-member SCJC deciding whether to discipline judges.
We should not further politicize our judicial system.
Yes, increased judicial oversight would be great, but not when the people with the power to discipline judges are random people with no qualifications beyond loyalty to the politician who appoints them. I would oppose this change to the SCJC no matter which party currently held the governor’s office. The current system for appointing members of the SCJC ensures a much more fair and equal composition of the body that holds the power to discipline judges. Regardless of which side of the aisle you’re on, no one benefits from further consolidating power in the hands of the governor. I’ll be voting NO on Proposition 12 to keep a fair process in place and make sure future governors cannot use the SCJC to attack fair judges they personally dislike.
— Britta N. Todd, San Angelo
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