Proposition 5 - HJR 165

Summary

HJR 165 proposes a constitutional amendment allowing the State Commission on Judicial Conduct (SCJC) to accept complaints or reports, conduct investigations, and take any other authorized action with respect to a candidate for a state judicial office. Currently, the Texas Constitution only permits the SCJC to take such actions as to persons holding a judicial office. The proposed amendment will appear on the ballot as follows: “The constitutional amendment providing additional powers to the State Commission on Judicial Conduct with respect to candidates for judicial office.”

A "Yes" vote on Proposition 5 is in favor for amending the state constitution to grant additional powers to the State Commission on Judicial Conduct with respect to candidates for judicial office.

A "NO" vote on Proposition 5 is against amending the state constitution that would grant additional powers to the State Commission on Judicial Conduct with respect to candidates for judicial office.

Arguments

"There is an inherent unfairness in judicial elections when a candidate runs for judicial office against an incumbent because judges are subject to the Code of Judicial Conduct, but candidates are not. H.J.R. 165 would ensure that judicial elections are fair by granting the State Commission on Judicial Conduct the authority to enforce the same standards for judicial candidates that they do for sitting judges." - Rep. Jacey Jetton, in support of Proposition 5 (Learn more)

"Gives the State Commission on Judicial Conduct authority over judicial candidates. In theory, this could be useful reform, but in practice, it would give those in power more control over judicial elections, which they are already attempting to game (see Prop 4)." - Progress Texas, in opposition to Proposition 5 (Learn more)

Measure Details