Filling a Vacancy in Office

Even at 77 years of age, Judge Prause is certainly eligible to run for public office and capable of serving a seventh term. If he is re-elected to serve another four-year term, he can serve the full term; or until he chooses to retire; or until he resigns due to health or personal reasons.

The questions for voters to consider are these:

1. Will he fulfill a full four-year term in office if he is re-elected in November?
2. If he doesn't serve a full-term, how is a replacement chosen?

State Law prescribes the method for filling the vacancy in an elected office as set forth below:

LOCAL GOVERNMENT CODE

TITLE 3. ORGANIZATION OF COUNTY GOVERNMENT

SUBTITLE B. COMMISSIONERS COURT AND COUNTY OFFICERS

CHAPTER 87. REMOVAL OF COUNTY OFFICERS FROM OFFICE; FILLING OF VACANCIES

SUBCHAPTER D. FILLING OF VACANCIES

Sec. 87.041.  VACANCIES FILLED BY APPOINTMENT OF COMMISSIONERS COURT.  (a)  The commissioners court of a county may fill a vacancy in the office of:

(1)  county judge;

(2)  county clerk;

(3)  district and county clerk;

(4)  sheriff;

(5)  county attorney;

(6)  county treasurer;

(7)  county surveyor;

(8)   county tax assessor-collector;

(9)  justice of the peace;  or

(10)  constable.

(b)  The commissioners court shall fill a vacancy by a majority vote of the members of the court who are present and voting.

(c)  The person appointed by the commissioners court to fill the vacancy shall hold office until the next general election.

Beware of Cronyism

Under this method of filling a vacancy in office, it is possible for the will of the people to be overridden by a majority vote of the commissioners court who are present at the meeting called for such purpose.

The possibility exists for cronyism to manifest itself through the appointment of an unvetted individual who could serve until the next election. He or she would then hold an advantage by running for election as the incumbent officeholder.

Don't Lose Your Right to Choose

This issue was brought to my attention several months ago. It seemed so far-fetched at the time that I dismissed the possibility of it happening. Please note that I am not saying this is a conspiracy in the works. However, I would personally hate for the citizens of DeWitt County to be treated to such egregious behavior. Therefore, I bring the remote possibility to your attention.

Our Republic works when the people decide who they place in positions of power. We quickly slide down a slope to tyranny when insiders and power hungry politicians know what is best for us and decide issues as important as this.

In summary, voters will either choose a county judge who will serve a full four-year term or one who stands a strong chance of vacating the office to allow an unelected individual to serve in his stead.

It would be highly unlikely for the runner-up in this election to be chosen as the replacement.