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Early voting is underway on numerous constitutional amendments, and I am writing to oppose Proposition 12, which would drastically alter the State Commission on Judicial Conduct. This independent state agency investigates allegations of judicial misconduct and disability to ensure accountability within the Texas judiciary.
Currently, Section 1-a, Article V of the Texas Constitution provides for a 13-member commission composed of judges, two non-judge attorneys appointed by the State Bar of Texas, and five non-lawyers appointed by the governor. Proposition 12 would change this structure to give the governor seven appointments and eliminate the two attorney positions appointed by the State Bar — handing a clear majority to gubernatorial appointees.
Such a change threatens two core principles of Texas government: separation of powers and balanced oversight.
First, concentrating control in the Governor’s office invites politicization of judicial oversight. Although we may like Gov. Abbott and trust that his appointments would be well thought out, what happens if Texas elects a governor we do not like next time? This is a slippery slope. Oversight of judges should never shift with political winds; it must remain impartial and independent as our founders intended.
Second, removing the State Board’s attorney representatives strips the commission of essential legal expertise. Lawyers understand the ethics, procedures and real-world effects of judicial behavior. Their absence would weaken the State Commission’s ability to identify misconduct and protect the integrity of our courts.
For Texas justice to remain credible and free from political influence, we must preserve an independent commission. Texans deserve judicial oversight that is fair, independent and free from undue political or institutional control.
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This article originally appeared on Abilene Reporter-News: Proposed constitutional amendment ‘is a slippery slope’ | Opinion
Reporting by Cade W. Browning / Abilene Reporter-News
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