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Judicial selection in Texas
| Judicial selection in Texas | |
 | |
| Texas Supreme Court | |
| Method: | Partisan election |
| Term: | 6 years |
| Texas Court of Criminal Appeals | |
| Method: | Partisan election |
| Term: | 6 years |
| Texas Court of Appeals | |
| Method: | Partisan election |
| Term: | 6 years |
| Texas District Courts | |
| Method: | Partisan election |
| Term: | 4 years |
| Texas County Courts | |
| Method: | Partisan election |
| Term: | 4 years |
| Texas Justice of the Peace Courts | |
| Method: | Partisan election |
| Term: | 4 years |
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.
This article covers how state court judges are selected in Texas, including:
- Texas Supreme Court,
- Texas Court of Criminal Appeals,
- Texas Court of Appeals, and
- Limited jurisdiction courts
As of April 2025, judges for all courts in the state were selected through partisan elections. Term lengths vary, but all judges were required to run for re-election at the ends of their terms if they wished to continue serving.[1]
Click here to notify us of changes to judicial selection methods in this state.
Texas Supreme Court
- See also: Texas Supreme Court
The nine justices of the Texas Supreme Court are selected in statewide partisan elections. The elected justices serve six-year terms, after which they must run for re-election if they wish to remain on the court.[1]
Qualifications
To serve on the Supreme Court, a justice must be:
- a U.S. citizen;
- a resident of Texas;
- licensed to practice law in the state;
- between the ages of 35 and 75;[2][3] and
- a practicing lawyer and/or justice for at least 10 years.[1]
Chief justice
The chief justice of the Texas Supreme Court is selected by voters at large. He or she serves in that capacity for a full six-year term.[1]
Vacancies
In the event of a midterm vacancy, the governor appoints a replacement who must be confirmed by the Texas Senate. The appointee serves until the next general election, in which he or she may compete to serve for the remainder of the unexpired term.[1]
The map below highlights how vacancies are filled in state supreme courts across the country.
Texas Court of Criminal Appeals
- See also: Texas Court of Criminal Appeals
The nine judges of the Texas Court of Criminal Appeals are selected in statewide partisan elections. The elected justices and judges serve six-year terms, after which they must run for re-election if they wish to remain on the court.[1]
Qualifications
To serve on any of the appellate courts, a judge must be:
- a U.S. citizen;
- a resident of Texas;
- licensed to practice law in the state;
- between the ages of 35 and 75;*[3][4] and
- a practicing lawyer and/or judge for at least 10 years.[1]
Presiding judge
The presiding judge of the Texas Criminal Court of Appeals is selected by voters at large. He or she serves in that capacity for a full six-year term.[1]
Vacancies
In the event of a midterm vacancy, the governor appoints a replacement who must be confirmed by the Texas Senate. The appointee serves until the next general election, in which he or she may compete to serve for the remainder of the unexpired term.[1]
The map below highlights how vacancies are filled in state supreme courts across the country.
Texas Court of Appeals
- See also: Texas Court of Appeals
The justices of the Texas Court of Appeals are selected in district level partisan elections. The elected justices serve six-year terms, after which they must run for re-election if they wish to remain on the court.[1]
Qualifications
To serve on the Texas Court of Appeals, a justice must be:
- a U.S. citizen;
- a resident of Texas;
- licensed to practice law in the state;
- between the ages of 35 and 75;*[3][5] and
- a practicing lawyer and/or judge for at least 10 years.[1]
Chief justice
The chief justice of each district court is selected by voters at large. He or she serves in that capacity for a full six-year term.[1]
Vacancies
In the event of a midterm vacancy, the governor appoints a replacement who must be confirmed by the Texas Senate. The appointee serves until the next general election, in which he or she may compete to serve for the remainder of the unexpired term.[1]
District Courts
- See also: Texas District Courts
The judges of the Texas District Courts are chosen in partisan elections. They serve four-year terms, after which they must run for re-election if they wish to remain on the court.[1]
Qualifications
To serve on the district courts, a judge must be:
- a U.S. citizen;
- a resident of Texas;
- licensed to practice law in the state;
- between the ages of 25 and 75;*[3][6]
- a practicing lawyer and/or state judge for at least eight years; and
- a resident of his or her respective judicial district for at least two years.[1]
Presiding judge
As of April 2025, the state was grouped into 11 administrative judicial regions. Each region is overseen by a presiding judge who is appointed by the governor to a four-year term. According to the Texas Judicial Branch website, the presiding judge may be a "regular elected or retired district judge, a former judge with at least 12 years of service as a district judge, or a retired appellate judge with judicial experience on a district court."[7]
Vacancies
In the event of a midterm vacancy, the governor appoints a replacement who must be confirmed by the Texas Senate. The appointee serves until the next general election, in which he or she may compete to serve for the remainder of the unexpired term.[1]
Limited jurisdiction courts
Texas has five types of limited jurisdiction courts: constitutional county courts, statutory county courts, statutory probate courts, justice of the peace courts, and municipal courts.
Constitutional County Courts
Judges on the Constitutional County Courts are elected in partisan elections at a county level. They serve four-year terms, with vacancies filled by a vote of the county commissioners.[8] All of Texas' 254 counties have a constitutional county court, and the judges serve ex officio as the head of each county's commissioners court. Judges of these courts need not have a law license, and the only qualification for office is that a candidate "shall be well informed in the law of the state."[8]
Statutory County Courts
Judges on the Statutory County Courts are elected in partisan elections at a county level. They serve four-year terms, with vacancies filled by a vote of the county commissioners.[8] The statutory county courts (county courts at law) were established by the Texas Legislature.[8]
To serve on this court, a judge must:
- be at least 25 years old;
- be a resident of his or her respective county for at least two years; and
- have practiced law or served as a judge for at least four years preceding the election.[8]
Probate courts
Judges on the Texas Statutory Probate Courts are elected in county level partisan elections. They serve four-year terms, with vacancies filled by a vote of the county commissioners.[8] The probate courts were established by the Texas Legislature.[9]
To serve on this court, a judge must:
- be at least 25 years old;
- be a resident of his or her respective county for at least two years; and
- have practiced law or served as a judge for at least five years preceding the election.[8]
Justice of the Peace Courts
The members of the Texas Justice of the Peace Courts are elected in partisan elections and serve four-year terms. They are elected in a precinct-wide election.[9] There are no statutory or constitutional qualifications for this office.
Municipal Courts
The rules regarding judges of the Texas Municipal Courts vary by city charter or ordinance. Most municipal judges are appointed to a two-year or four-year term by the city's governing body, though some compete in partisan elections.[9]
History
Below is a timeline noting changes to judicial selection methods in Texas.
- 2007: The state constitution was amended by voters, allowing sitting judges who reach the mandatory retirement age of 75 to finish their term.[1][3]
- 1965: The constitution was amended:
- Judges who reach the mandatory retirement age of 75 were automatically retired.[3]
- A judicial qualifications commission was created to remove judges for misconduct and disability.
- 1891: The Texas Court of Criminal Appeals was created. Its justices were chosen in partisan elections to serve six-year terms.
- 1876: Various changes were instated:
- Justices of the supreme court were elected to six-year terms.
- The court of civil appeals was created. Its justices were elected to six-year terms.
- District court judges were elected to four-year terms.
- The terms of county court judges were reduced to two years.
- 1869: Various changes were instated:
- Supreme court justices were appointed by the governor with Senate consent to nine-year terms.
- District court judges were appointed by the governor with Senate consent to eight-year terms.
- County court judges were elected to four-year terms.
- 1866: All judges were elected by popular vote. Term lengths were adjusted so that: supreme court justices would serve ten years, district court judges eight years, and county court judges four years.
- 1845: All judges were appointed by the governor with Senate consent and served six-year terms.[10]
Courts in Texas
In Texas, there are four federal district courts, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.
Click a link for information about that court type.
The image below depicts the flow of cases through Texas' state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Selection of federal judges
United States district court judges, who are selected from each state, go through a different selection process from that of state judges.
The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.[11]
In other states
Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:
Election
- Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
- Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
- Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
- Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.
Assisted appointment
- Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[12] At the state supreme court level, this method is further divided into the following three types:
- Bar-controlled commission: Members of the state Bar Association are responsible for electing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
- Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
- Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.
Direct appointment
- Court appointment: Judges are selected by judges in the state judiciary.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- Legislative election: Judges are selected by the state legislature.
- Municipal government selection: Judges are selected by the governing body of their municipality.
See also
External links
- Texas Judicial Branch
- Texas Secretary of State, "Elections Division"
- Texas Judicial Branch, "Judicial Qualifications, Selection and Terms of Office"
Footnotes
- ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 1.16 American Judicature Society, "Methods of Judicial Selection: Texas," archived October 3, 2014
- ↑ While no justice older than 74 may run for office, sitting justices who turn 75 are permitted to remain on the court until their terms expire.
- ↑ 3.0 3.1 3.2 3.3 3.4 3.5 Texas State Historical Association, "Judiciary," accessed September 12, 2014
- ↑ While no judge older than 74 may run for office, sitting judges who turn 75 are permitted to remain on the court until their terms expire.
- ↑ While no justice older than 74 may run for office, sitting justices who turn 75 are permitted to remain on the court until their terms expire.
- ↑ While no judge older than 74 may run for office, sitting judges who turn 75 are permitted to remain on the court until their term expires.
- ↑ Texas Courts Online, "Administrative Judicial Regions," accessed August 30, 2021
- ↑ 8.0 8.1 8.2 8.3 8.4 8.5 8.6 Texas Courts, "Texas Courts: A Descriptive Summary," accessed April 16, 2025
- ↑ 9.0 9.1 9.2 Texas Courts, "Judge Qualifications and Selection in the State of Texas," accessed April 16, 2025
- ↑ American Judicature Society, "History of Reform Efforts: Texas," archived October 3, 2014
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
Federal courts:
Fifth Circuit Court of Appeals • U.S. District Court: Eastern District of Texas, Western District of Texas, Northern District of Texas, Southern District of Texas • U.S. Bankruptcy Court: Eastern District of Texas, Western District of Texas, Northern District of Texas, Southern District of Texas
State courts:
Texas Supreme Court • Texas Court of Appeals • Texas Court of Criminal Appeals • Texas District Courts • Texas County Courts • Texas County Courts at Law • Texas Statutory Probate Courts • Texas Justice of the Peace Courts
State resources:
Courts in Texas • Texas judicial elections • Judicial selection in Texas
