Who Can Remove A Texas Judge from Office?

If you're anything like me, then you probably thought that officials like district attorneys and judges could only be removed from office through choice or acts of God. There are, in fact, several ways a judge can be removed from office in the Lone Star State.

I once thought of those in public office as noble figures of a certain caliber. Mayors were guardians of their city who could rally troops on the local level. Governors were the fearless leaders of their state who wielded God-like power. Judges were stone-faced captains who dispensed their impartial rulings with great care.

As I get older, I have begun to see that these elected officials are humans like you and me. And humans are capable of some pretty big blunders and character flaws.

So what happens when a judge has blundered so badly they need to be removed from office?

When Can A Judge Be Removed From Office?

The State Commission on Judicial Conduct has a list of what is considered judicial misconduct:

• inappropriate or demeaning courtroom conduct (yelling, profanity, gender bias, or racial slurs)
• using their position to their advantage in personal matters not related to their judicial duties.
• improper communication with only one of the parties or attorneys in a case;
• public comment regarding an ongoing case;
• hearing a case in which the judge has a financial interest in the outcome;
• ruling in a case in which the parties or attorneys are closely related
• alcohol, drug, or mental health problems;
• a judge's failure to cooperate with the Commission
• out-of-court behavior such as sexual harassment, official oppression, bribery, theft, driving while intoxicated, making threats, or making racist comments; and
• endorsement of a specific political candidate.

Who Can Remove A District Judge From Office?

Two judicial agents have the power to remove a district judge: the State Commission on Judicial Conduct and the Supreme Court of Texas.

The Commission board can take several courses of action, but only if a judge is indicted on a felony or charged with a misdemeanor involving the judge's position can they give them the boot themselves.

Otherwise, Article 15 of the Texas Constitution grants the Supreme Court of Texas the authority to suspend a district judge from office.

But what if a judge on the Supreme Court panel needs to be removed?

Who Can Remove Higher Court Justice From Office?

When it comes to judges who are on the Supreme Court, Court of Appeals, and District Court--the power of removal is with the governor and houses of legislature.

As per the Texas Constitution, Article 15 Section 8:

The Judges of the Supreme Court, Court of Appeals and District Courts, shall be removed by the Governor on the address of two-thirds of each House of the Legislature....the vote shall be taken by yeas and nays and entered on the journals of each House respectively.