Difference between revisions of "Texas Constitution:Article V, Section 9"

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* ''Lytle v. Halff'', 12 S.W. 610, 613 (Tex. 1889) ("It is urged that article 5, § 9 . . . . The act in question provides that the clerk of the district court for Bexar county shall perform, in two courts, the duties which the law imposes on such clerks in every county in the state, and neither enlarges nor restricts the powers and duties imposed by law on that officer. Difficulties in the way of appointment to that office in case of vacancy are suggested, but these are not insuperable, and arise on a supposed state of facts which cannot exist without failure of duty on the part of the judges. Such considerations ought not to be given a controlling influence in determining a question of legislative power.")
  
 
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[[Category:TxCon ArtV Sec]]
 
[[Category:TxCon ArtV Sec]]

Latest revision as of 14:53, December 4, 2019

As amended November 2, 1999:

There shall be a Clerk for the District Court of each county, who shall be elected by the qualified voters and who shall hold his office for four years, subject to removal by information, or by indictment of a grand jury, and conviction of a petit jury. In case of vacancy, the Judge of the District Court shall have the power to appoint a Clerk, who shall hold until the office can be filled by election.

Editor Comments

The district clerks are the chief administrative officers of the district courts. In 1954, the term of office for district clerks was increased to four years.

In counties with more than one district court, only one district clerk is elected and he or she serves as clerk for all of the district courts in the county.

Steve Smith

Recent Decisions

None.

Historic Decisions

  • Lytle v. Halff, 12 S.W. 610, 613 (Tex. 1889) ("It is urged that article 5, § 9 . . . . The act in question provides that the clerk of the district court for Bexar county shall perform, in two courts, the duties which the law imposes on such clerks in every county in the state, and neither enlarges nor restricts the powers and duties imposed by law on that officer. Difficulties in the way of appointment to that office in case of vacancy are suggested, but these are not insuperable, and arise on a supposed state of facts which cannot exist without failure of duty on the part of the judges. Such considerations ought not to be given a controlling influence in determining a question of legislative power.")

Library Resources

Online Resources