Texas Senate Bill SB1728

Texas 2019 - 86th Regular

Caption

Relating to an interim study by the Texas Commission on Judicial Selection regarding the method by which certain trial and appellate judges are selected.

Impact

The establishment of the Texas Commission on Judicial Selection represents a significant inquiry into how judges are appointed in the state. By examining different methods of judicial selection, the bill is poised to influence the future structure of the judiciary in Texas. Depending on the recommendations made by the commission, it could lead to substantial changes in statutes governing judicial elections or appointments, potentially moving towards a system less reliant on partisan influence and more aligned with public interests in judicial fairness and impartiality.

Summary

Senate Bill 1728 establishes the Texas Commission on Judicial Selection, tasked with reviewing and proposing methods for selecting trial and appellate judges in Texas. The bill aims to study various judicial selection methods including but not limited to partisan elections, lifetime appointments, and various forms of retention elections. The commission's findings are intended to address the fairness, effectiveness, and desirability of these selection processes in ensuring a competent judiciary. The commission is required to submit its report and recommendations by the end of 2020, which may include necessary modifications to existing laws regarding judicial appointments.

Sentiment

General sentiment surrounding SB 1728 is cautiously optimistic, as it highlights the need for a more systematic approach to judicial selection. While proponents argue that these changes could lead to a more impartial and qualified judiciary, there are concerns regarding the potential for political influence within the commission itself, particularly in light of the appointed nature of its members. This concern reflects a broader debate about the best balance between elected and appointed judges, with strong opinions on both sides.

Contention

Key points of contention include the method of selection itself, with debates likely to arise regarding the merits and drawbacks of partisan versus nonpartisan systems. Additionally, questions about the representation and diversity of the commission members, as appointed by political figures, may provoke criticism about biases in the decision-making process. The act that the commission is set to be abolished in 2021 unless specific findings are adopted adds urgency to the discussions, making it crucial for stakeholders to engage actively in shaping the future of judicial selection in Texas.