Texas
Supreme Court
Texas’s highest court for civil matters is the Supreme Court of Texas. The court has eight justices and one chief justice. The chief justice is selected according to the same procedures as the associate justices. (Source: Texas Constitution)
Judicial Selection
Texas Supreme Court justices are selected for six-year terms through a partisan election, where multiple candidates may vie for the seat. Justices may seek additional terms through partisan elections. When a seat opens in the middle of a justice’s term, the governor appoints a candidate to fill the vacancy. The governor’s selection must be confirmed by a majority of the state senate. The appointed justice holds office until Texas’ next general election. The elected justice serves a six-year term. There is no limit on the number of terms a justice may serve; however, a justice may not stand for election after turning 75. A justice who turns 75 during the first four years of a six-year term must vacate the seat at the end of the calendar year of the term’s fourth year. A justice who turns 75 in the final two years of the term is permitted to complete the term.
Court of Criminal Appeals
Texas’s highest court for criminal matters is the Texas Court of Criminal Appeals. The court has eight judges and one presiding judge. The presiding judge is chosen by election. (Source: Texas Constitution)
Judicial Selection
Texas Court of Criminal Appeals judges are selected for six-year terms through a partisan election, where multiple candidates may vie for the seat. Justices may seek additional terms through partisan elections. When a seat on the Texas Court of Criminal Appeals becomes open in the middle of a judge’s term, the governor appoints a candidate to fill the vacancy. The governor’s selection must be confirmed by a majority of the state senate. The appointed judge holds office until Texas’ next general election. The elected judge serves a six-year term. There is no limit on the number of terms a judge may serve; however, a judge may not stand for election after turning 75. A judge who turns 75 during the first four years of a six-year term must vacate the seat at the end of the calendar year of the term’s fourth year. A judge who turns 75 in the final two years of the seat’s term is permitted to complete the term.
State Constitution
Texas has had five state constitutions adopted between 1845 and 1876. As of January 1, 2024, it had 129 amendments. (Source: John Dinan, 2024)
Filters
A Rallying Cry Against Lockstepping
When state supreme courts peg their constitutions to federal interpretations, they erode the rule of law, undermine federalism, and limit rights protection.
States Can Protect Unhoused People When the U.S. Supreme Court Won’t
The U.S. high court’s ruling allowing anti-camping laws underscores the importance and potential of state constitutional protections.
Pennsylvania High Court Invalidates Attempt to Impeach Reform-Minded Philadelphia Prosecutor
The impeachment effort was part of a troubling trend around the country of increasing attacks on the independence of local prosecutors.
To Prevent Chaos and Confusion, Judges Must Prepare for Election Emergencies
In advance of the election, judges should educate themselves on election administration and develop emergency response procedures that will enable creation of effective remedies.
When Does the U.S. Supreme Court Review State Supreme Court Decisions?
State courts have the final word on state law, but when federal law is involved, it can be complicated.
All Law Students Should be Educated About State Constitutions
Law professors planning lessons for the new academic year should consider incorporating state constitutions into the first-year constitutional law course.
State Court Oral Arguments to Watch for in September
Issues on the dockets include climate change, redistricting, and lawsuits by victims of child sexual abuse.
Scholarship Roundup: September 2024 Back to School Edition
New articles and books cover a wide range of topics related to state constitutions, judiciaries, state-level democracy, and more.