Former Judges Lack Standing To Challenge Judicial Selection Process

July 20, 2013

Several former Dallas municipal judges brought this lawsuit challenging the 2012 municipal judge selection process, claiming that the Mayor and the City Council violated the city code by asking nominees to comment in writing on legislative proposals by an ad hoc legislative committee and by interviewing additional candidates without justification.  The Court of Appeals, however, concluded that these former judges lack standing to sue because they seek only a declaration that the City Council violated the law.  The Court found that the judges lacked any personal stake in the outcome of the case because (1) they disclaimed any intent to challenge the appointment of their successor judges; (2) they do not seek to be reinstated as judges; and (3) they deny that they are challenging the legitimacy of any ordinance.

Rawlings v. Gonzalez