Experie Nce Matters in Judicial Races

Experience matters in judicial races San Antonio Express-News Editorial Board Updated 2:50 a.m., Sunday, September 9, 2012 

Voters should consider legal experience when deciding who to put on the district court bench at the Bexar County Courthouse. Photo: Tom Reel, San Antonio Express-News / ©2012 San Antono Express-News Texas lawmakers have blocked repeated attempts to change the way judges are selected in Texas.

As a result, judges once again will be chosen in partisan elections this November.

At the same time, legislators have left in place dangerously meager qualifications to become a district judge.

To become a state district judge, a lawyer must be 25, have lived in the judical district for two years and have been practicing law for four years.

Work in the legal field for a quick four years, and you can be eligible to run for judge.

This minimal requirement is mind-boggling. Becoming a true expert in any complicated profession takes more than four years. But the State of Texas allows lawyers with only four years on the job to obtain powerful posts that allow them to send people to prison or take away their parental rights.

The problem is aggravated by the fact that voters are likely to vote for a judicial candidate based on partisan affiliation alone.

In 2010, Bexar County voters chose a Republican candidate in every contested judicial race. In 2008, Democrats snared almost all contested judicial posts in the Bexar election.

Some excellent judges were ousted and replaced with far less qualified jurists in those elections.

With the potential for a partisan sweep in the air — 2010 was the county's first full judicial sweep in recent memory — both major parties have fielded a candidate for every state district court post as well as all 4th Court of Appeals seats on the ballot.

Adding to the problem, candidates with minimal experience are becoming common and are challenging more experienced incumbents.

Republican Joseph Hoelscher, who is challenging District Judge Karen Pozza, has been a lawyer for a little more than five years.

Democrat David Canales, who has been practicing law for about six years, is running against District Judge Renée McElhaney.

Democrat Stephen D. Smith and Republican Scott Martinez have eight years of legal experience. Smith is challenging District Judge Laura Parker and Martinez is seeking to unseat District Judge Larry Noll.

Texas should stiffen the requirements to be a district judge to ensure that seasoned professionals serve on these crucial benches. The minimum amount of experience should be 10 years. Voting a straight ticket for one party should be banned in judicial elections as well.

But until changes are made, we urge voters to examine judicial candidates carefully and consider the amount of professional experience they bring to the table.