Legal Updates for Judges
This edition of Updates is heavily focused on updates that will impact justices of the peace, but don’t forget to scroll down for some upcoming TJCTC webinars!
New Comment on Rules of Judicial Conduct
Over the past couple of weeks there have been many news articles about a recent comment on the Rules of Judicial Conduct related to the performance of marriage. Note that some of the news articles didn’t report this in detail, and we want to make sure that justices of the peace have all of the information
The comment states, “It is not a violation of these canons for a judge to publicly refrain from performing a wedding ceremony based upon a sincerely held religious belief.”
Note, this comment only applies to the sanctioning by the Commission on Judicial Conduct, and not to any other potential liability for refusing to marry a couple including a potential lawsuit. This means that while a judge who refuses to marry a couple based on their sincerely held religious belief will not be sanctioned by the Commission, they could still be sued if the couple believes that the action was discriminatory.
Obergefell v. Hodges, the U.S. Supreme Court case allowing same-sex marriage is still good law, and as recently as last week, the U.S. Supreme Court declined to reexamine the issue in a recent case.
The most cautious advice is to continue to only perform marriages to all that request them or not perform marriages at all.
Propositions Pass
All 17 state-wide propositions on the election ballot this week in Texas passed. What does this mean for justice courts?
The biggest impact on justice courts will be the passage of Proposition 5. It allows for SJR 5 to go into effect, related to magistration.
In summary, SJR 5 authorized a constitutional amendment allowing a magistrate to deny bail for additional violent felony offenses. It requires the state to demonstrate in these cases that bail is insufficient to either prevent the defendant’s willful non-appearance in court or reasonably ensure the safety of the victim, the community, and law enforcement.
Look for more information soon about effective dates and details regarding this constitutional amendment.
Attorney General Opinion
Question: Can a judge prohibit the carrying of concealed firearms in courtrooms by the District Attorney and Assistant District Attorneys.
Opinion: While the judiciary possesses broad authority over court-rooms, that authority does not license a categorical prohibition on lawful forms of concealed carry by individuals—like district attorneys and their assistants—who are expressly exempted from Texas Penal Code sections 46.02 and 46.03.
What does this mean for justice courts?
While it is important for the judge and bailiff to know who in the courtroom has a weapon for court security purposes, the court cannot prohibit prosecutors and other similar individuals from carrying a weapon in the courtroom. This opinion is a great reminder to include prosecutors and other individuals who are routinely appearing in your court in court security planning to make sure the court security officers and bailiffs can be as prepared as possible if safety becomes an issue.
Caselaw Update
State v. Chavez
No. 03-25-00124-CR, Texas Third Court of Appeals, Austin
Issue: Is a blood search warrant invalid because there was no oath or affirmation verbally administered? Does the good-faith exception in CCP Art. 38.23(b) applicable to allow the evidence to be admissible anyway?
Holding: The warrant is invalid, and the good-faith exception does not apply, because it requires objective rather than subjected reliance on the search warrant by the officer. The Court found that any reasonable officer would have known that the warrant was invalid if no oath or affirmation was given and the affidavit was not sworn. Telling an officer where to sign is not the same thing as placing them under oath.
What does this mean for Justice Courts and Law Enforcement?
Judges should be careful to always place an officer under oath before having them sign a probable cause affidavit, and officers should remind the judge of the requirement if necessary. Blood search warrants are so common in Texas today, and the requirements are not overly complicated, so the Courts will likely expect judges and law enforcement to be familiar with the procedural requirements in the future.
TJCTC Webinars
TAA Lease & Forms Update 2026
December 17 from 10:00 – 11:00 a.m.
Join TJCTC General Counsel Bronson Tucker, TAA Vice President and General Counsel Sandy Hoy, and attorney Howard Bookstaff for a discussion of the Texas Apartment Association’s lease and form updates for 2026 in light of the passage of SB 38.
Important Considerations for JPs: Dynamics of Family Violence and Updates from the 89th Legislative Session
January 8th from 1:00 – 3:00 p.m.
Join the Texas Council on Family Violence for an in-depth look at the dynamics of family violence and an overview of important updates from the 89th legislative session. Presenters will discuss how family violence may appear in the courtroom and offer guidance on how JPs can respond to family violence. The presenters will also provide an overview of new laws that intersect with survivors of family violence and provide insight on supporting implementation of new laws designed to foster safety and stability for survivors.
