Vote Against Proposition 12. Here's Why:

OPINION — Before voting this November, Texans should take time to read Proposition 12—the proposed amendment to the Texas Constitution that changes how we oversee judicial conduct in this state.

Proposition 12 is designed to sound like it would make it easier to hold judges accountable. In reality, it concentrates power in the hands of the Texas Supreme Court and the governor—two political branches that already have significant influence over the judiciary. Like the governor, Texas Supreme Court justices are elected.

Today, the State Commission on Judicial Conduct includes judges, lawyers, and ordinary citizens. Its structure ensures a healthy balance of perspectives and some independence from political influence. Proposition 12 would upset that balance. It removes the State Bar of Texas from the process entirely and instead allows the governor to appoint all “citizen” members and the Supreme Court to appoint all judicial members. That means every single member would owe their appointment to political leaders, not to an independent process.

The Commission’s job is to police judges who abuse their office or act unethically. Giving the institutions that appoint or supervise those judges full control over their oversight undermines public trust. It’s like letting the referee be chosen by one of the teams.

Texans have long valued checks and balances between the branches of government. Proposition 12 blurs those lines and risks turning judicial discipline into a political tool rather than a safeguard for fairness. It is a dangerous consolidation of power and it addresses a problem that does not exist. 

Accountability requires independence. Voters should protect that principle by voting “No” on Proposition 12.

The description on the ballot for Proposition 12 is as follows:

"The constitutional amendment regarding the membership of the State Commission on Judicial Conduct, the membership of the tribunal to review the commission’s recommendations, and the authority of the commission, the tribunal, and the Texas Supreme Court to more effectively sanction judges and justices for judicial misconduct."