Lexsee in Re Honorable Nathan Hecht, Texas
Page 1 LEXSEE IN RE HONORABLE NATHAN HECHT, TEXAS SUPREME COURT JUSTICE No. A-2006-1 SPECIAL COURT OF REVIEW APPOINTED BY THE SUPREME COURT OF TEXAS 213 S.W.3d 547; 2006 Tex. App. LEXIS 9087 October 20, 2006, Opinion Issued NOTICE: [**1] Publish I. PRIOR HISTORY: On Appeal from the State This case focuses on whether the Texas Code of Commission on Judicial Conduct. CJC Nos. 06-0129-AP Judicial Conduct, the judicial "rules of [**2] the road," & 06-0130-AP. so to speak, prohibit a Texas state judge from speaking out favorably in behalf of a close friend nominated to the United States Supreme Court. This case hinges on the JUDGES: Before Justices FitzGerald, n1 McClure, n2 meaning of words in this Code and what words were and Mazzant. n3 Opinion By Justices FitzGerald and spoken by the judge. This case involves a composite of Mazzant. McClure, J., concurring. two different political systems for the selection of judges. In Texas, we have an elective process, whereas in the n1 The Honorable Kerry FitzGerald, Justice, federal system, we have a nomination-confirmation Court of Appeals, Fifth District of Texas at process. Dallas: Presiding Justice of the Special Court of Review, appointed by Chief Justice Wallace B. We recognize at the outset a considerable hurdle Jefferson, Texas Supreme Court, by a process of must be overcome: the Texas Code is decidedly deficient random selection. in a pivotal area important in this case, that is, providing n2 The Honorable Ann McClure, Justice, Court of definitive meanings to words in the political arena, words Appeals, Eighth District of Texas at El Paso: such as "authorized," "endorsing," and "private interests." Justice of the Special Court of Review, appointed We are all familiar with certain axioms in particular by Chief Justice Wallace B.
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