Dallas, Texas -- November 2, 2025 -- As Election Day approaches, Texas voters will consider Proposition 12, a proposed amendment to the Texas Constitution concerning judicial conduct and the membership of the State Commission on Judicial Conduct ("SCJC").

‍Click here to read a full copy of this proposed amendment to the Texas Constitution.

According to the ballot summary, Proposition 12 is: “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.”

Why Proposition 12 Is Problematic

Proposition 12 undermines the independence of Texas’s judiciary by concentrating appointment power for the SCJC in the hands of the Governor and Texas Supreme Court, while wholly eliminating the State Bar of Texas’s traditional role in the process.

Under current law, the SCJC is composed of a diverse mix of judges, lawyers, and public members—chosen by multiple independent appointing authorities to prevent political influence.

Specifically, the State Bar appoints two members who have practiced law for at least ten years, while the Texas Supreme Court and Governor share appointment power over the remaining positions.

Proposition 12 radically changes that structure. If approved, it would give the Governor seven appointments—a majority of the 13-member Commission—and the Texas Supreme Court the remaining six. The State Bar of Texas would lose all appointment authority.

Unnecessary Concentration of Power

These changes dangerously consolidate power over judicial discipline within the executive branch. By granting the Governor the authority to appoint a controlling majority of commissioners (subject to Senate confirmation), the executive branch will have substantial influence over how—and against whom—the SCJC enforces ethical and disciplinary standards for Texas judges.

Because the SCJC is responsible for investigating and sanctioning judges, including potential removal or suspension, giving the Governor a majority of appointments creates an inherent conflict between political control and judicial impartiality. The judiciary’s oversight body would, in effect, become politically dependent on the same branch it is meant to remain separate from.

Proposition 12 is a thinly-veiled attempt by the current majority to stifle rulings and judges they disagree with or who dare disagree with them. It potentially undermines the judicial branch's ability to exercise legitimate checks on the executive.

Elimination of Judicial Diversity and Professional Oversight

Proposition 12 also removes safeguards that ensure diversity of judicial experience. The current Constitution requires representation from various levels of the judiciary—trial courts, appellate courts, and local benches. The new amendment deletes those requirements, meaning the Texas Supreme Court could appoint any combination of six judges, without ensuring balance across the judiciary.

At the same time, by eliminating State Bar appointments, Proposition 12 removes professional oversight from practicing lawyers who bring an independent, non-political perspective to judicial conduct issues. Without those voices, the SCJC risks becoming more partisan and less representative of the broader legal community.

Why This Matters

Judicial independence is a cornerstone of democracy. It ensures that judges can decide cases based on law and fact, not politics or partisan pressure. Proposition 12 would upset that balance by giving the executive branch substantial influence over the very body that disciplines judges. This consolidation of power:

  • Politicizes judicial accountability by allowing partisan appointment of a majority of SCJC commissioners;
  • Reduces checks and balances between the executive, legislative, and judicial branches;
  • Eliminates professional input from the practicing legal community; and
  • Weakens public trust in the fairness and impartiality of the courts.

Notably, every major newspaper in Texas recommends voting NO on Proposition 12, including the Dallas Morning News, the Houston Chronicle, the Austin American Statesman, and the San Antonio Express News.

Vote NO on Proposition 12

“Our judicial system depends on public confidence in the fairness and independence of judges,” said Chip Brooker, the founding partner of Brooker Law, PLLC. “But Proposition 12 centralizes power over judicial discipline in the executive branch, removes independent and professional oversight, and erodes the balance of powers that protects Texas’s courts from political influence."

About Chip Brooker

Chip Brooker is an award-winning Dallas trial lawyer and founding partner of Brooker Law, PLLC. He represents families in wrongful death and catastrophic injury cases throughout Texas and across the country.

Contact

For more information about Proposition 12 or Brooker Law’s ongoing efforts to support independence and accountability in the Texas legal system, please contact:

Brooker Law, PLLC
4311 Oak Lawn Ave., Suite 620
Dallas, Texas 75219
(214) 217-0277
info@brookerlaw.com