October 18. 1948 

Hon. Beauford H. Jester 

Governor of Texas 

Capitol Building 

Austin, Texas Opinion No. V-703 

In re: Eligibility of Legislator to 

be appointed to district 

judgeship after expiration 

of legislative term. 

Dear Governor Jester: 

Your request for an opinion reads: 

YA citizen was duly elected to and served 

in the 50th Legislature, 1947. During that term 

the emoluments of the 1Olst District Court (and 

other courts) were increased. (Acts, 50th Legislature, Chapter 42, Page 54). 

“It appears that there will be a vacancy 

in the office of Judge, 1Olst District Court, on 

and after January 1, 1949. 

“Assuming that he is not elected to the 

5lst Legislature, would such citizen be eligible 

to be appointed to fill such vacancy in the office 

of Judge of the 1Olst District Court?’ 

The Governor, with confirmation by the Senate, 

has the power to fill a vacancy in the office of district judge. Art. 

V, Sec. 28; Art. IV, Sec. 12, of the Texas Constitution; Opinion No. 

o-1092. 

Section 18 of Article III provides that: 

“No senator or representative shall, 

during the term for which he may be elected, 
Hon. Beauford H. Jester, Page 2 (V-703) 

be eligible to any civil office of profit under 

this State . . . the emolument of which may 

have been increased during such term . . .” 

(Emphasis added.) 

The 50th Legislature (1947)l increased the pay of 

district judges to $6000. That office theretofore had carried an 

emolument of $5000.2 In counties of certain sizes, district judges 

receive supplemental compensation for additional judicial and administrative duties. That additional compensation is not here involved. In such counties tbe base pay was $5000 per year. That 

base pay was’ raised to $6000 by the Legislature in 1947. 

So the members of the 50th Legislature (1947). 

would be ineligible to hold a district judgeship, during the term 

for which they were elected to the Legislature, because the emoluments of such judicial office were increased by that Legislature. 

Art. III, Sec. 18. 

But Section 18 of Article III acts as a prohibition 

only during the legislative term for which such person was elected. 

It says that: 

’ 

“No Senator or Representative shall 

during the term for which he was elected, be 

eligible . . .” 

After that two-year term has expired, and a new 

representative from that district has been duly elected and has 

qualified, the former legislator is no longer prohibited by Section 18 of Article III from accepting an appointment as district 

judge. The acceptance of the new~bffice would not take place -dury 

ing the term for’whkh he was elected” to the Legislature. 

Assuming that the citizen in question is in all 

other respects qualified, he may be appointed to such office. Your 

question is answered in tbe affirmative. 

’ Ch. 42. p; 54, S.B. 11. 

2 

Acts 45th Leg. (1937). Ch. 10, p. 11. 
Hon. Beauford H. Jester, Page 3 (V-703) 

SUh4h4ARY 

After the two-year legislative term of 

a citiien has fully expired and a successor has 

been elected and qualified, such legislator is 

eligible to be appointed to the office of district 

judge even though the emoluments of that judicial office were increased during the term of 

the former legislator. Section 18 of Article III 

makes legislators ineligible for such appointments only “during the term for which they were 

elected.” 

Yours very truly, 

ATTORNEYGENEIULOF TEXAS 

BY 

, .@ Joe R. Greenhill 

Executive Assistant 

JRG:erc 

APPROVED: 

T ASSISTANT 

ORNEY GENERAL