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Texas Proposition 12, Change Membership and Authority of State Commission on Judicial Conduct Amendment (2025)
Texas Proposition 12 | |
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Election date |
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Topic State judiciary oversight |
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Status On the ballot |
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Type Legislatively referred constitutional amendment |
Origin |
Texas Proposition 12, the Change Membership and Authority of State Commission on Judicial Conduct Amendment, is on the ballot in Texas as a legislatively referred constitutional amendment on November 4, 2025.[1][2]
A "yes" vote supports amending the state constitution to make changes to judicial oversight policies in the state, including changing:
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A "no" vote opposes amending the state constitution to make changes to judicial oversight policies in the state. |
Overview
How would Proposition 12 change the State Commission on Judicial Conduct?
- See also: Measure design
Proposition 12 would amend the Texas Constitution to change the composition of the Texas State Commission on Judicial Conduct (SCJC), requiring only two of six judicial members to be trial court judges and prohibiting judges from serving alongside others from the same type of court, except for trial judges. The remaining seven members of the 13-member commission would be citizens, appointed by the Texas Governor with the advice and consent of the state Senate, who are at least 35 years old.[2]
The amendment would also authorize the SCJC to issue private reprimands or training requirements for judges with no prior sanctions and who are not involved in criminal conduct. It would update the disciplinary process, mandating public sanctions or referrals for removal/suspension if misconduct is found to be willful or persistent. Proposition 12 would also restructure the review tribunal and authorize it to suspend judges without pay and, in certain cases, ban them from future judicial office.[2]
Who supports and opposes Proposition 12?
- See also: Support and Opposition
Austin Police Association, Dallas Police Association, Houston Police Officers’ Union, Texans for Judicial Accountability, Texans for Lawsuit Reform, Texas Municipal Police Association, and Texas Policy Research endorsed Proposition 12. State Sen. Joan Huffman (R-17), one of the authors of the amendment, said, "The State Commission on Judicial Conduct is the commission created to protect the public, promote public confidence in the integrity, independence, competence, and impartiality of the judiciary and encourages judges to maintain high standards of conduct. These constitutional changes would ensure that the commission maintains appropriate oversight while also increasing transparency."[3][4]
Ballotpedia has not located a campaign in opposition to the ballot measure. You can share campaign information or arguments, along with source links for this information, with us at editor@ballotpedia.org.
Have Texans decided on similar constitutional amendments before?
The State Commission on Judicial Conduct was established in the state constitution with the approval of Proposition 8 in 1965. Since then, Texas voters have approved six amendments to the section, making changes to the commission composition and authority. All amendments were approved with at least 59% of the vote. To see a complete list, click here.
Measure design
- See also: Text of measure
Text of measure
Ballot title
The ballot title is as follows:[2]
“ | The constitutional amendment regarding the membership of the State Commission on Judicial Conduct, the membership of the tribunal to review the commission’s recommendations, and the authority of the commission, the tribunal, and the Texas Supreme Court to more effectively sanction judges and justices for judicial misconduct.[7] | ” |
Constitutional changes
- See also: Article 5, Texas Constitution
The measure would amend section 1-a of Article 5 of the state constitution. The following underlined text would be added, and struck-through text would be deleted:[2]
Note: Hover over the text and scroll to see the full text.
Section 1-a
(2) The State Commission on Judicial Conduct consists of the following 13 thirteen (13) members , to wit:
- (i) six judges or justices of courts in this state appointed by the Supreme Court with the advice and consent of the Senate, two of whom must be trial court judges
one (1) Justice of a Court of Appeals; and - (ii) seven
one (1) District Judge; (iii) two (2) members of the State Bar, who have respectively practiced as such for over ten (10) consecutive years next preceding their selection; (iv) five (5)citizens appointed by the Governor with the advice and consent of the Senate, who are,at least 35thirty (30)years of age.
(2-a) A, not licensed to practice law nor holding any salaried public office or employment; (v) one (1) Justice of the Peace; (vi) one (1) Judge of a Municipal Court; (vii) one (1) Judge of a County Court at Law; and (viii) one (1) Judge of a Constitutional County Court; provided that no person may not shall be appointed to or remain a member of the Commission if the person , who does not maintain physical residence within this State, or has who shall have ceased to retain the qualifications above specified in Subsection (2) of this Section for that person’s appointment.
(2-b) A person appointed under Subsection (2) of this Section who is a judge or justice respective class of membership, and provided that a Commissioner of class (i), (ii), (iii), (vii), or (viii) may not be a judge or justice reside or hold a judgeship in the same type of court of appeals district as another member of the Commission who is a judge or justice. Commissioners of classes (i), (ii), (vii), and (viii) above shall be chosen by the Supreme Court with advice and consent of the Senate, those of class (iii) by the Board of Directors of the State Bar under regulations to be prescribed by the Supreme Court with advice and consent of the Senate, those of class (iv) by appointment of the Governor with advice and consent of the Senate, and the commissioners of classes (v) and (vi) by appointment of the Supreme Court as provided by law, with the advice and consent of the Senate.
(3) The regular term of office of Commissioners shall be six (6) years; but the initial members of each of classes (i), (ii) and (iii) shall respectively be chosen for terms of four (4) and six (6) years, and the initial members of class (iiii) for respective terms of two (2), four (4) and six (6) years. Interim vacancies shall be filled in the same manner as vacancies due to expiration of a full term, but only for the unexpired portion of the term in question. Commissioners may succeed themselves in office only if the commissioner has having served less than three (3) consecutive years.
(8) After such investigation as it deems necessary, the Commission may, in its discretion:
:(i) for a person holding an office or position specified in Subsection (6) of this Section who has never been issued an order under this subparagraph and in response to a complaint or report other than a complaint or report alleging the person engaged in conduct constituting a criminal offense, issue an order of private admonition, warning, reprimand, censure, or requirement that the person obtain additional training or education;
- (ii) issue a
private orpublic admonition, warning, reprimand, or requirement that the person obtain additional training or education;,or - (iii) if the Commission determines that the situation merits such action,
it mayinstitute formal proceedings and order a formal hearing to be held before it concerning a person holding an office or position specified in Subsection (6) of this Section, or it may in its discretion request the Supreme Court to appoint an active or retired District Judge or Justice of a Court of Appeals, or retired Judge or Justice of the Court of Criminal Appeals or the Supreme Court, as a Master to hear and take evidence in the matter, and to report thereon to the Commission and to the Supreme Court.
(8-a) A The Master appointed under Subsection (8)(iii) of this Section shall have all the power of a District Judge in the enforcement of orders pertaining to witnesses, evidence, and procedure. If, after formal hearing under Subsection (8)(iii) of this Section, or after considering the record and report of a Master appointed under Subsection (8)(iii) of this Section, the Commission finds the person engaged in wilful or persistent conduct that is clearly inconsistent with the proper performance of a judge’s duties or other good cause therefor, the Commission:
- (i)
i†shall issue for the person an order of public admonition, warning, reprimand, censure, or requirement that the person holding an office or position specified in Subsection (6) of this Section obtain additional training or education;,or
- (ii) may
it shallrecommend to a review tribunal the removal or retirement, as the case may be,of the person and shallthereuponfile with the tribunal the entire record before the Commission.
(9) A tribunal to review the Commission's recommendation for the removal or retirement of a person holding an office or position specified in Subsection (6) of this Section is composed of seven 7 Justices or Judges of the Courts of Appeals who are selected by lot by the Chief Justice of the Supreme Court. Each Court of Appeals shall designate one of its members for inclusion in the list from which the selection is made. Service on the tribunal shall be considered part of the official duties of a justice judge, and no additional compensation may be paid for such service. The review tribunal shall review the record of the proceedings on the law and facts and in its discretion may, for good cause shown, permit the introduction of additional evidence. Within 90 days after the date on which the record is filed with the review tribunal, it shall order public censure, suspension without pay for a specified period, retirement or removal, as it finds just and proper, or wholly reject the recommendation. A Justice, Judge, Master, or Magistrate may appeal a decision of the review tribunal to the Supreme Court under the substantial evidence rule. Upon an order for involuntary retirement for disability or an order for removal, the office in question shall become vacant. The review tribunal, in an order for involuntary retirement for disability or an order for removal, shall may prohibit such person from holding judicial office in the future. The rights of a person an incumbent so retired to retirement benefits shall be the same as if the person's his retirement had been voluntary.
Section 1-a(6)(A)
(6) A. Any Justice or Judge of the courts established by this Constitution or created by the Legislature as provided in Section 1, Article V, of this Constitution, may, subject to the other provisions hereof, be removed from office for willful or persistent violation of rules promulgated by the Supreme Court of Texas, incompetence in performing the duties of the office, willful violation of the Code of Judicial Conduct, or willful or persistent conduct that is clearly inconsistent with the proper performance of the person’s his duties or casts public discredit upon the judiciary or administration of justice. Any person holding such office may be disciplined or censured, in lieu of removal from office, as provided by this section. Any person holding an office specified in this subsection may be suspended from office with or without pay by the Commission immediately on being indicted by a State or Federal grand jury for a felony offense or charged with a misdemeanor involving official misconduct. On the filing of a sworn complaint charging a person holding such office with willful or persistent violation of rules promulgated by the Supreme Court of Texas, incompetence in performing the duties of the office, willful violation of the Code of Judicial Conduct, or willful and persistent conduct that is clearly inconsistent with the proper performance of the person’s his duties or casts public discredit on the judiciary or on the administration of justice, the Commission, after giving the person notice and an opportunity to appear and be heard before the Commission, may recommend to the Supreme Court the suspension of such person from office with or without pay, pending final disposition of the charge. The Supreme Court, after considering the record of such appearance and the recommendation of the Commission, may suspend the person from office with or without pay, pending final disposition of the charge.
TEMPORARY PROVISION. (a) This temporary provision applies to the constitutional amendment proposed by the 89th Legislature, Regular Session, 2025, regarding the membership of the State Commission on Judicial Conduct, the membership of the tribunal to review the commission’s recommendations, and the authority of the commission, the tribunal, and the Texas Supreme Court to more effectively sanction judges and justices for judicial misconduct. The constitutional amendment takes effect January 1, 2026.
(b) Notwithstanding any other law, the terms of the commissioners of the State Commission on Judicial Conduct serving before January 1, 2026, expire July 1, 2026.
(c) Notwithstanding any other law, the Texas Supreme Court, with the advice and consent of the Senate, shall appoint additional commissioners to the State Commission on Judicial Conduct to serve staggered terms beginning January 1, 2026, as follows:
- (1) two commissioners to serve six-year terms;
- (2) two commissioners to serve four-year terms; and
- (3) two commissioners to serve two-year terms.
(d) Notwithstanding any other law, the governor shall appoint additional commissioners to the State Commission on Judicial Conduct to serve staggered terms beginning January 1, 2026, as follows:
- (1) three commissioners to serve six-year terms;
- (2) two commissioners to serve four-year terms; and
- (3) two commissioners to serve two-year terms.
(e) Notwithstanding any other law and except as otherwise provided by this subsection, a complaint submitted to the State Commission on Judicial Conduct before January 1, 2026, shall be reviewed by the commissioners of the State Commission on Judicial Conduct appointed before January 1, 2026, unless the complaint has not been resolved by July 1, 2026, in which event the complaint shall be reviewed by the commissioners appointed on or after that date.
(f) Notwithstanding any other law, a complaint submitted to the State Commission on Judicial Conduct on or after January 1, 2026, shall be reviewed by the commissioners of the State Commission on Judicial Conduct appointed on or after that date.
(g) This temporary provision expires January 1, 2031. [7]
Full text
The full text is available here.
Support
Supporters
Officials
- State Sen. Joan Huffman (R)
- State Sen. Judith Zaffirini (D)
Unions
Organizations
- Texans Unite for Judicial Accountability
- Texans for Judicial Accountability
- Texans for Lawsuit Reform
- Texas Civil Justice League
- Texas Municipal Police Association
- Texas Policy Research
Arguments
Opposition
Ballotpedia has not located a campaign in opposition to the ballot measure. You can share campaign information or arguments, along with source links for this information, with us at editor@ballotpedia.org.
Arguments
You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.
Campaign finance
Ballotpedia has not identified any committees registered to support or oppose the measure. If you are aware of a committee registered to support or oppose this amendment, please email editor@ballotpedia.org.
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
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Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Background
Texas State Commission on Judicial Conduct
The Texas State Commission on Judicial Conduct (SCJC) was created with the approval of Proposition 8 in 1965. Proposition 8 established the commission in the state constitution and provided for mandatory retirement ages for judges and justices. It was approved with 72.6% of the vote.
The SCJC is governed by Article V, Section 1-a of the Texas Constitution, Chapter 33 of the Texas Government Code, the Texas Procedural Rules for the State Commission on Judicial Conduct, and the Texas Code of Judicial Conduct. The constitution defines judicial misconduct as the “willful or persistent violation of rules promulgated by the Supreme Court of Texas, incompetence in performing the duties of the office, willful violation of the Code of Judicial Conduct, or willful or persistent conduct that is clearly inconsistent with the proper performance of [the judge’s] duties or casts public discredit upon the judiciary or administration of justice.” The commission considers all alleged misconduct complaints made by individuals, reported by a news article, or obtained through an investigation.[8][9]
The SCJC is composed of:[6]
- six judges from the appellate, district, county court at law, constitutional county, justice of the peace, and municipal court levels,
- two attorneys appointed by the state bar who are not judges, and
- five citizen members appointed by the governor who are not attorneys or judges.
The state commission has authority over the following Texas judges:[6]
- municipal judges,
- magistrates,
- justices of the peace,
- constitutional county judges,
- county court at law judges,
- statutory probate judges,
- district judges,
- appellate judges,
- retired and former judges sitting by assignment, and
- associate judges and masters.
During fiscal year 2024, the SCJC received 1,135 complaints. At the time of the annual report, 49 had resulted in disciplinary action, and 258 cases were still pending.[9]
The State Commission on Judicial Conduct was established in the state constitution with the approval of Proposition 8 in 1965. Since then, Texas voters have approved six amendments to the section, making changes to the commission composition and authority. All amendments were approved with at least 59% of the vote.
Year | Type | Title | Description | Result | Yes Votes | No Votes |
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2021 | Proposition 5 | Authorizes the Texas State Commission on Judicial Conduct to accept and investigate complaints and reports against candidates running for state judicial office |
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852,336 (59%) |
586,686 (41%) |
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2013 | Proposition 9 | Expand the sanctions the State Commission on Judicial Conduct may impose on judges or justices after formal proceedings |
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925,509 (85%) |
167,825 (15%) |
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2005 | Proposition 6 | Expand the State Commission on Judicial Conduct from 11 to 13 members, adding one public member and one constitutional county court judge. |
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1,246,127 (63%) |
744,585 (37%) |
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1984 | Proposition 7 | Expand grounds for disciplining judicial officials, broaden the jurisdiction of the state commission on judicial conduct, and alter its composition |
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2,858,130 (77%) |
854,655 (23%) |
|
1977 | Proposition 7 | Rename the State Judicial Qualifications Commission to the State Commission on Judicial Conduct and specify its investigative and disciplinary powers over judiciary members |
|
354,275 (66%) |
180,837 (34%) |
|
1970 | Proposition 1 | Authorize the State Judicial Qualifications Commission to censure or remove Justices, Judges, and Justices of the Peace under certain circumstances |
|
1,214,537 (72%) |
482,491 (28%) |
|
1965 | Proposition 8 | Impose a mandatory retirement age on district and appellate judges and create the State Judicial Qualifications Commission |
|
352,879 (73%) |
133,238 (27%) |
Path to the ballot
Amending the Texas Constitution
- See also: Amending the Texas Constitution
A two-thirds (66.67%) vote is required during one legislative session for the Texas State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 100 votes in the Texas House of Representatives and 21 votes in the Texas State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Senate Joint Resolution 27 (2025)
The following is the timeline of the constitutional amendment in the state legislature:[1]
- December 2, 2024: Senate Joint Resolution 27 (SJR 27) was prefiled.
- April 14, 2025: The Senate passed SJR 27 by a vote of 27-4.
- May 26, 2025: The House passed an amended version of SJR 27 by a vote of 119-17, with 14 not voting or absent.
- May 30, 2025: The Senate concurred with the House amendments. The vote total will be published below when it becomes available.
Learn more about the ballot measures PDI →
Votes Required to Pass: 100 | |||
Yes | No | NV | |
---|---|---|---|
Total | 119 | 17 | 14 |
Total % | 79.3% | 11.3% | 9.4% |
Democratic (D) | 32 | 17 | 13 |
Republican (R) | 87 | 0 | 1 |
Votes Required to Pass: 21 | |||
Yes | No | NV | |
---|---|---|---|
Total | 27 | 4 | 0 |
Total % | 87.1% | 12.9% | 0.0% |
Democratic (D) | 7 | 4 | 0 |
Republican (R) | 20 | 0 | 0 |
How to cast a vote
- See also: Voting in Texas
See below to learn more about current voter registration rules, identification requirements, and poll times in Texas.
See also
View other measures certified for the 2025 ballot across the U.S. and in Texas.
Explore Texas's ballot measure history, including constitutional amendments.
Understand how measures are placed on the ballot and the rules that apply.
External links
Footnotes
- ↑ 1.0 1.1 Texas State Legislature, "SJR 27," April 15, 2025
- ↑ 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 Texas State Legislature, "SJR 27 text," accessed April 15, 2025
- ↑ Texas State Legislature, "Witness list," accessed July 15, 2025
- ↑ The Texan, "Texas Senate moves to add more citizens to judicial oversight board," accessed July 15, 2025
- ↑ Texas State Commission on Judicial Conduct, "Commissioners," accessed June 26, 2025
- ↑ 6.0 6.1 6.2 Texas State Commission on Judicial Conduct, "Frequently Asked Questions," accessed June 26, 2025
- ↑ 7.0 7.1 7.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
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tag; name "quotedisclaimer" defined multiple times with different content - ↑ Texas Constitution and Statutes, "Texas Constitution," accessed March 30, 2025
- ↑ 9.0 9.1 State Commission on Judicial Misconduct, "2024 Annual report," accessed June 27, 2025
- ↑ VoteTexas.gov, "Who, What, Where, When, How," accessed February 27, 2023
- ↑ Texas Secretary of State, “Request for Voter Registration Applications,” accessed February 27, 2023
- ↑ Texas Secretary of State, “Voter Registration,” accessed February 27, 2023
- ↑ 13.0 13.1 13.2 NCSL, "State Profiles: Elections," accessed July 28, 2024
- ↑ Texas Secretary of State, "Request for Voter Registration Applications," accessed July 28, 2024
- ↑ Texas Constitution and Statutes, “Election Code,” accessed February 23, 2023
- ↑ The Texas Tribune, “Texas officials flag tens of thousands of voters for citizenship checks,” January 25, 2019
- ↑ The New York Times, “Federal Judge Halts ‘Ham-Handed’ Texas Voter Purge,” February 28, 2019
- ↑ The New York Times, “Texas Ends Review That Questioned Citizenship of Almost 100,000 Voters,” April 26, 2019
- ↑ Texas Secretary of State, “Secretary Whitley Announces Settlement In Litigation On Voter Registration List Maintenance Activity,” April 26, 2019
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ 21.0 21.1 21.2 21.3 21.4 Texas Secretary of State, "Required Identification for Voting in Person," accessed February 27, 2023 Cite error: Invalid
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