Honorable Maurice S. Pipkin 

Executive Director 

Opinion No. M-296 

State Judicial Qualifications Board Re: Date on which terms of 

Austin, Texas 78711 members of State Judicial 

Qualifications Commission 

Dear Mr. Pipkin: commence and terminate. 

You have requested the opinion of this office cons 

cerning the above matter, and, in this connection, have provided us with the following statement from which we quote, in 

part: 

"The State Judicial Qualifications Commission' 

was established by Constitutional Amendment during the 59th Session of the Legislature and was 

adopted by the voters of the State in the General 

Election in November, 1965. Relative to appointment and term of office the Constitutional Amendment reads as follows: 

"(2) There is hereby created the State 

Judicial Qualifications Commission, to COnSist 

of nine (9) members to wit: (i) two (2) Justices 

of Courts of Civil Appeals; (ii) two (2) District Judges; (iii) two (2) members of the State 

Bar, who have respectively practiced as such for 

over ten (10) consecutive years next preceding 

their selection: (iiii) three (3) citizens, at 

least thirty (30) years of age, not licensed to 

practice law nor holding any salaried public office or employment; provided that no person shall 

be or remain a member of the commission who does 

not maintain physical residence within this State, 

or who resides in, or holds a judgeship within 

or for, the same Supreme Judicial District as 

another member of the Commission! or who shall 

have ceased to retain the qualifications above 

specified for his respective class of membership. Commissioners of classes (i) and (ii) 

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 

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Hon. Maurice S. Pipkin, page 2 (M-296) 

.- 

Court with advice and consent of the Senate, and 

those of class (iiii) by appointment of the 

Governor with 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 (Z), 

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 having served less than three (3) consecutive years. 

"Subsequent to that time, Commissioners 

class (i) and (ii) were chosen by the Supreme 

Court, those of class (iii) by the Board of 

Directors of the State Bar, and those of class 

(iiii) by the Governor. All were confirmed with 

advice and consent of the Senate. 

"The Legislature of the State of Texas, 

60th Called Session, provided funds for the 

establishment of an office and staff and set 

forth the term of office as follows: 

"Chapter 516 (H.B. No. 378) 

"Section 13. The initial term of the members of said Commission shall commence as of the 

22nd day of May, 1967. 

,I . . . 

II . . . Under the law and facts as given to 

you, when were the appointments effective, and, 

therefore, when do such appointments terminate?" 

Section l-a of Article V of the Constitution of Texas, 

to which you refer, was adopted at the General Election on November 

2, 1965. Quoting from the text of said Amendment: 

"(2) There is hereby created the State 

Judicial Qualifications Commission . . . ." 

(Emphasis added.) 

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, 

Hon. Maurice S. Pipkin,,page 3 (M-296) 

You have further advised that the official canvass 

showing adoption of the constitutional amendment was November 

19, 1965. 

The effective date of creation of the Commis~sion 

was November 19, 1965, and the initial terms of the positions 

thereon began running from such date for respective two, four, 

and six year periods. An amendment,is deemed to become a 

part of the Constitution on the date of the official canvass 

showing it has been adopted. 12 Tex.Jur.Zd 358, Const. Law, Sec. 

8; Torres v. State, 161 Tex.Crim. 480, 278 S.W.Zd 853 (1955); 

Rogers v. State, 163 Tex.Crim. 260, 289 S.W.Zd 923 (1956). 

A term of office is not necessarily measured by the date of 

* 

appointment thereto, but rather by the date set by the act 

which brings such office into existence. Even though no 

soecific date is mentioned bv such act. its terms mav be such. 

as is the case here, that a definite date may be readily as- ' 

certained. Bruce v. Matlock, 111 S.W. 990 (Ark.Sup. 19,08); 

Boyd v. Huntington, 11 P.2d 383 (Calif.Sup. 1932); People v. 

Morris, 106 P.Zd 635 (Calif.Dist.App. 1940). 

The primary question involved herein arose from the 

passage on June 14, 1967, by the Legislature of a bill dealing with the Commission, including a provision that the initial 

terms commence May 22, 1967. The foregoing discussion having 

shown that the initial terms began on November 19, 1965, an 

obvious conflict arises with the provision in question. [On 

page 384 of Boyd v. Huntington, supra, some discussion is 

directed to the efficacy of establishing a set date for terms 

of board members appointed to staggered-terms.] Three rules 

of decision harmonize to settle this conflict, the first being 

that, where a constitutional provision comes into irreconcilable 

conflict with a statutory,provision, the former shall control. 

12 Tex.Jur.2d 374, Constitutional Law, Sec. 30. 

The second rule of decision holds that, where a term 

of office is set by the Constitution, the Legislature may neither 

shorten nor extend such term by statute. 47 Tex.Jur.Zd 58, Public 

Officers, Sec. 38. And the third rule is likewise directed to 

the conflict at hand, in holding that, where a controversy arises 

as to the duration of a term of office, the earliest dates for 

commencement and termination of the term should be adopted,,in 

order to return the selective power to those exercising same at 

the earliest opportunity. Wright v. Adams, 45 Tex. 134 (1876); 

accord, Dobkins v. Reece, 17 S.W.Zd 81 (Tex.Civ.App. 1929, error 

ref.). 

You are hereby advised, therefore, that the State 

Judicial Qualifications Commission came into existence on 

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_. - 

Hon. Maurice S. Pipkin, page 4 (M-296) 

November 19, 1965, and the initial terms of office commenced 

on that date, and terminate November 19, 1967, 1969, and 1971 

respectively. 

SUMMARY 

The State Judicial Qualifications Commission, 

created by adoption of Section l-a of Article V of 

the Constitution of Texas, came into existence on 

November 19, 1965. The initial terms of office 

commenced on that date, and terminate November 19, 

1967, 1969, and 1971, respective1 

27 

Prepared by Bill Corbusier 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Hawthorne Phillips, Chairman 

Kerns Taylor, Co-Chairman 

Dyer Moore, Jr. 

Bob Lattimore 

Malcolm Quick 

Bill Craig 

A. J. CARUBBI, JR. 

Executive Assistant 

ney General of Texas 

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