Legislative Services

Attorney General Opinions

KP-0462: Asks whether a constable may simultaneously serve as a municipal court judge (RQ-0517-KP). The opinion provides that the Texas Constitution, article XVI, section 40, prohibits one person from holding more than one emolument office at the same time. Thus, an individual may not simultaneously serve as a compensated municipal judge and a constable. In addition, the State Code of Judicial Conduct likely prohibits a municipal judge from simultaneously holding a position as a law enforcement officer. In particular, the State Commission on Judicial Conduct has condemned this practice due to separation-of-powers concerns. Common-law incompatibility also prohibits holding conflicting offices simultaneously. Since a constable’s duties could require appearing before the municipal judge as magistrate, the two positions are incompatible. Therefore, a municipal judge may not simultaneously serve as a constable. Accepting an incompatible office results in effective resignation from the first office. Thus, when the individual accepted the office of municipal judge, they effectively resigned from the office of constable. Compliance with Canon 5(3) of the State Code of Judicial Conduct, requiring resignation before seeking a non-judicial office in a contested election, is not mandatory for municipal judges.