A majority of Texas voters approved all but one of the 14 proposed constitutional amendments: Proposition 13, which would have increased the mandatory retirement age for state justices and judges from 75 to 79.
Prop 13鈥檚 rejection could mean more than 100 state justices and judges will have to step down in the middle of their terms over the next 10 years 鈥� most notable among them, Texas Supreme Court Chief Justice Nathan Hecht, who turns 75 next year.
Hecht is the in Texas history and the longest-tenured Texas judge in active service, according to the State of Texas Judicial Branch.
But with the rejection of Proposition 13, Hecht will need to leave his post before his term ends, a Supreme Court of Texas spokesperson confirmed in an email.
The timing of Proposition 13 lined up with a number of statewide judges approaching retirement age, said Doug Gladden, an appellate attorney at Rosenthal Kalabus & Therrian.
鈥淭here comes a point when the public wants to see turnover on the bench, wants to see new opinions and new thoughts,鈥� he said. 鈥淚t seemed like this change was just meant to take a step back from that.鈥�
Justices and judges set to age out of their positions are well-regarded in the legal community, Gladden said. However, the mandatory retirement age was and, with Proposition 13鈥檚 rejection, is still the law.
鈥淭hey have come to this point in their lives knowing the mandatory retirement was coming and it just, it seemed like there was a push to change the rules late in the game for a select group of people,鈥� Gladden said.
Hecht likely won鈥檛 be the only one to leave mid-term.
There were 113 state judges ages 65 and older in Texas as of Sept. 1, according to . The office did not break down the age groups further.
The mandatory retirement age of 75 for state justices and judges applies to the Texas Supreme Court, courts of appeals, district courts, and criminal district courts.
But the Texas Constitution allows some wiggle room.
Only a justice or judge who reaches 75 during the first four years of a six-year term will have to step down Dec. 31 of their fourth year, according to .
That would apply to Hecht, who will be in his fourth year when he turns 75 in 2024.
Judges who turn 75 in the fifth or sixth year can finish the term before leaving the bench.
Supreme Court justices and appellate court judges serve while district court judges serve four-year terms.
Hecht鈥檚 departure means Gov. Greg Abbott will choose a replacement. When there鈥檚 a mid-term judicial vacancy, the , subject to Senate confirmation, to fill the remainder of the unexpired term.
A mandatory retirement age is not spelled out in the state Constitution for county or municipal judges. There are more than 150 municipal judges over the age of 75, according to Office of Court Administration data.
Although state justices and judges will continue to step down mid-term once they hit 75, that doesn鈥檛 mean they have to stop serving completely.
There are some circumstances that would allow a to serve as a visiting judge.
See more statewide election results on the 四虎影院 website.
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