Chief Justice's Election Bid Puts Spotlight on Texas' Mandatory Judicial Retirement
Texas Supreme Court Chief Justice Nathan Hecht in 2024 will turn 75 years old, which is the age limit for justices in Texas. It means he'll have to retire in the fourth year of the six-year term for which he's currently running for reelection.
January 06, 2020 at 04:10 PM
4 minute read
Texas Supreme Court Chief Justice Nathan Hecht is running for his last term on the high court.
But if elected, he could only serve four of the six-year term, which runs 2021 to 2027.
The reason: The Texas Constitution sets an age limit of 75 years to serve as a judge or justice of an appellate or district court in the Lone Star State.
Hecht, who's running unopposed in the Republican Primary in March, will reach the 75-year milestone Aug. 15, 2024. The date would fall within the first four years of his term, and in that situation, Texas Constitution Article 5, Sec. 1-a, requires his seat to become vacant at the end of the fourth year of his term.
It would mean Dec. 31, 2024, would be his last day on the court, where he's served since 1988.
"I still have a lot to do, and I want to pursue it to the end," Hecht said. "We're still trying to improve technology in the judiciary. We're working on reforms in collections of fines and fees, in how bail is set, just a number of things that have to do with the administration of the judiciary that I've done a lot of work on, and I want to continue to work on. Certainly, access to justice."
The Texas Legislature in 2007 passed—and voters later approved—a constitutional amendment to set an age limit of 75 for judges and justices in Texas.
After Hecht's retirement in 2024, the Texas governor at that time would get to appoint a chief justice to serve from Jan. 1, 2025 to Dec. 31, 2027.
If Texas Gov. Greg Abbott is still governor then, and did get to appoint a replacement for Hecht in 2025, that appointee would be the fourth justice that the governor has appointed to the high court. Abbott has also appointed Jimmy Blacklock, Brett Busby and Jane Bland.
The last time the chief justice seat was vacant was in 2013, when then-Chief Justice Wallace Jefferson retired from the high court and returned to private practice. Then-Gov. Rick Perry chose Hecht, an associate justice at the time, to ascend to the chief position. Voters then elected Hecht as chief justice in 2014.
If history repeats itself, it's likely that Hecht would win another term. Texas voters have not elected a Democrat to statewide office since 1990, although political pundits lately have voiced opinions that the state might finally be "turning blue" in 2020.
The Democratic candidates running for chief justice in March are 201st District Judge Amy Clark Meachum of Austin and 14th Court of Appeals Justice Jerry Zimmerer of Houston. The winner of their race will oppose Hecht in November.
Related: 206 Texas Democrats Are Vying for Judgeships in the March Election
Meachum wrote in an email that the race is historic in two ways.
"Texans have the opportunity to elect the first woman ever to serve as chief justice of the Supreme Court of Texas, or Texans can elect the first chief justice ever constitutionally prohibited from serving a full term," she said. "It's time for the next generation of judicial leaders to provide some much needed balance on the all-Republican Supreme Court."
Zimmerer said he doesn't question Hecht's intention to serve four more years, and doesn't hold any ill will toward him for desiring to do so.
"I think it would be almost inappropriate for me, as a Democrat, to challenge him simply on the basis of age. It's not why I'm running for the position. I'm running because I believe I'm the best candidate for the job," Zimmerer said. "I believe that Texans deserve more."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrending Stories
- 1Public Notices/Calendars
- 2Wednesday Newspaper
- 3Decision of the Day: Qui Tam Relators Do Not Plausibly Claim Firm Avoided Tax Obligations Through Visa Applications, Circuit Finds
- 4Judicial Ethics Opinion 24-116
- 5Big Law Firms Sheppard Mullin, Morgan Lewis and Baker Botts Add Partners in Houston
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250