AUSTIN - A court would likely conclude that a municipal judge may not simultaneously serve as a constable, according to an opinion issued by Attorney General Ken Paxton.
Records show District Attorney Franklin McDonough submitted an opinion request in regards to the Texas Constitution’s prohibition on dual office holding, as an elected constable was also sitting as a municipal court judge in Gray County.
On April 16, Paxton issued an opinion finding that the Texas Constitution, article XVI, section 40, prohibits a compensated municipal judge from simultaneously serving as a constable.
“While it is for the State Commission on Judicial Conduct to discipline judges, certain canons… likely prevent a municipal judge from simultaneously holding a position as a law enforcement officer,” the opinion states.
“In particular, the (Commission) has issued a public statement condemning the practice of a judicial officer concurrently serving as a law enforcement officer due to separation-of-powers concerns.
Paxton further found that when the individual accepted the incompatible office of municipal judge, he effectively resigned from the office of constable.
Opinion No. KP-0462