Judges and Judicial Elections
Texas elects almost all of its judges in partisan elections, which is why your ballot has a long list of judicial races. Voters often know little about these candidates. Judicial philosophy, meaning how a judge reads the law, is one way to think about these choices.
The basics
Most Texas judges are elected in partisan elections by voters in the area they serve. Appellate judges serve six-year terms, and district, county and justice of the peace judges serve four-year terms1.
When a seat on an appellate or district court opens mid-term, the Governor appoints a replacement1. Most current Texas Supreme Court justices first reached that court by appointment from Governor Greg Abbott2.
Texas has two top courts. The Supreme Court of Texas, with a Chief Justice and eight justices, has the final word on civil and juvenile cases. The Court of Criminal Appeals, with a Presiding Judge and eight judges, has the final word on criminal cases1.
In 2023, lawmakers created a statewide Fifteenth Court of Appeals, which began work in September 2024. It hears cases involving the state government and appeals from a new Business Court15. Its first justices were appointed by the Governor, and 2026 is the first year its seats are on the ballot2. Business Court judges are appointed by the Governor rather than elected1.
On November 4, 2025, voters approved Proposition 12, which changed the State Commission on Judicial Conduct so the Governor appoints 7 of its 13 members instead of 534. Supporters said it improves accountability. Critics said it lets the Governor pressure judges and weakens judicial independence4.
Key terms
- Originalism and textualism
- Approaches that read the Constitution and laws by their original public meaning and plain text. Supporters say this keeps judges from making policy.
- Living constitution
- An approach that applies the Constitution's broad principles to modern circumstances. Supporters say this lets the law keep up with a changing society.
- Precedent
- Past court decisions that later courts generally follow, so the law stays stable and predictable.
- State Commission on Judicial Conduct
- The body that investigates and disciplines Texas judges for misconduct. Its makeup changed after voters approved Proposition 12 in 20253.
In Texas
Texas picks nearly all of its judges in partisan elections, from the Supreme Court down to justices of the peace1. The Business Court and most city municipal judges are the main exceptions1.
Because judges run with a party label, many voters decide based on party. Others look at experience, bar association ratings, and how a judge approaches the law. North Texas voters also help elect regional appeals courts and all the statewide courts2.
How people see it
The strongest case for each view, in terms its supporters would recognize. We don't pick a side.
Original meaning
Judges should apply the law as written and as it was understood when adopted, even when the result seems unfair. If a law is bad, the fix belongs to elected lawmakers, not judges. This keeps courts neutral and predictable.
Text with respect for precedent
The text is the starting point, but past rulings deserve strong respect because people and businesses rely on settled law. Judges should change course rarely and carefully.
Text plus today's context
The words matter, but judges must also consider a law's purpose and how it works in modern life. Good judging balances the text with practical consequences.
Living constitution
The founders wrote broad principles, like equal protection and due process, knowing they could not foresee the future. Judges must apply those principles to new situations so constitutional rights stay meaningful.
Who decides
- Texas voters: Elect state and county judges, from the Supreme Court of Texas to justices of the peace1.
- Governor: Fills vacancies on appellate and district courts and appoints Business Court judges1.
- County Commissioners Court: Fills vacancies on county-level courts and justice courts1.
- President and U.S. Senate: The President nominates federal judges, and the Senate confirms them for life terms.
Questions to ask a candidate
- How do you decide a case when the law's text seems to lead to an unfair result?
- When should a court overturn its own past decisions?
- What experience has prepared you for this specific court?
- Should Texas keep electing judges in partisan races, or change how judges are chosen?
Last reviewed 2026-09-26. Spotted something wrong? Every claim links to its source so you can check it yourself.
Sources
- Texas Judicial System pamphlet (2025)Texas Judicial Branch (txcourts.gov)
- What North Texas voters need to know about the 2026 judicial racesKERA News
- Texans pass Proposition 12 aimed at changing makeup of judicial conduct commissionFOX 4 Dallas-Fort Worth
- Proposition 12 would enhance governor's powers over elected judgesKWBU / Houston Public Media
- In re Dallas County, No. 24-0426 (Tex. 2024), upholding Senate Bill 1045 (2023)Supreme Court of Texas