Introduction to Proposed Constitutional Amendments
Early voting on 17 proposed Texas constitutional amendments is currently underway and will continue through Friday of this week. One of the proposed amendments has sparked significant debate, as it would grant the governor new powers in disciplining or dismissing elected judges.
Understanding the Current System
The State Commission on Judicial Conduct is an independent agency responsible for overseeing the conduct of judges in Texas. The commission consists of 13 members, including six judges appointed by the Supreme Court of Texas, two attorneys appointed by the State Bar of Texas, and five citizens appointed by the governor. This mix of members is designed to ensure a balance of perspectives and prevent any one branch of government from exerting too much influence over the commission.
Proposed Changes and Concerns
Proposition 12 would alter the composition of the commission, allowing the governor to appoint a majority of its members. Governor Greg Abbott has argued that this change is necessary to ensure transparency and accountability within the judicial system. However, critics, including John Domino, a professor of political science and legal studies at Sam Houston State University, warn that such a change would risk compromising judicial independence.
Potential Risks to Judicial Independence
Domino believes that granting the governor more power over the commission could lead to political interference in the judicial system. "I believe that any attempt at so-called accountability and transparency is just an attempt to be able to push and pressure judges in some way and intrude upon independence," he said. Domino argues that the commission’s decisions should be made by legal professionals, without undue influence from the executive branch.
Historical Context
In 2019, Governor Abbott removed two commission members who voted to discipline a Waco justice of the peace for refusing to perform same-sex marriages, despite the U.S. Supreme Court’s ruling in Obergefell v. Hodges. This incident highlights the potential risks of political interference in the judicial system and raises concerns about the motivations behind Proposition 12.
Conclusion
As voters consider Proposition 12, it is essential to understand the potential implications of granting the governor more power over the State Commission on Judicial Conduct. While the proposed change may seem minor, it could have significant consequences for the independence of the judicial system. By considering the potential risks and motivations behind the proposal, voters can make an informed decision about the future of Texas’s judicial system.
