News Article | July 20, 2022
Vacancy
LegalEase
Legal Guidance
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"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?" |
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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 (or the body) 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 his or her successor would have to have qualified for office (to cure the holdover issue). See AG Op. C-452 and Short Answers to Common Questions: Vacancies.