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    LegalEase Newsletter | FAQs by Subject

    News Article | July 20, 2022

    Appointment to Office

    Legal Guidance

    "Our county judge decided the only drinks she likes have tiny umbrellas in them, so she resigned her office and retired to Aruba. Can we appoint one of the county commissioners to be the judge for the rest of the term?"

    May a sitting member of the commissioners court be appointed to fill a vacancy?

    No. Members of the commissioners court are not eligible to appoint themselves ("self-appointing") to county judge or any other office to which they have authority to make appointments. To be eligible to be appointed by the commissioners court to fill a vacant office, a county commissioner would have to resign and the commissioner's successor would have to qualify for office (to cure the holdover issue) before being appointed. See Texas Attorney General Opinion No. WC-0452 (1965) and Pitfalls & Perils of Public Office: Vacancies.