Texas Constitutional Amendment Election, 2007 - Proposition 14

Proposition 14

Proposition 14 (H.J.R. No. 36) is the constitutional amendment permitting a justice or judge who reaches the mandatory retirement age while in office to serve the remainder of the justice’s or judge’s current term.

The measure passed 75 percent in favor to 25 percent against.

• Comments by supporters: Allowing a justice or judge to complete the term of office to which the individual was elected fulfills the intent of the electorate. A justice or judge is elected to serve a specific term of office, and in electing the justice or judge the voters have expressed a desire for the justice or judge to serve the entire term of office. Requiring a justice or judge to retire mid-term disrupts the efficient and orderly administration of justice. Immediate retirement requires cases being handled by the justice or judge to be delayed while a temporary justice or judge is selected. A case also may be delayed if a new justice or judge is elected and takes over a case from the temporary judge. The amendment includes a limited exception that treats a justice or judge elected to a six-year term of office in the same manner as a justice or judge elected to a four-year term of office.

• Comments by opponents: Mandatory retirement is a way to remove an aging justice or judge who is continuing to serve despite ineffectiveness. The protections of incumbency often make it difficult to remove an aging justice or judge. Timely retirement on reaching the mandatory age ensures a capable and alert judiciary for the state.