§ 151.003.Qualifications of Judge

Four qualifications, and each one answers an objection to private judging.

The person must be a retired or former judge of a district court, statutory county court, statutory probate court, the business court, or an appellate court.

At least four years of service is required, in one of those courts or a combination of them.

Substantial experience in the judge’s area of specialty is required, which is the reason parties choose this route: a complex trust or construction case can be tried by someone who has handled many.

A judge who left under a cloud is disqualified. The person must not have been removed from office or resigned while under investigation for discipline or removal.

That condition is the integrity provision. The verdict of a special judge stands as a verdict of the referring court, and a judge who left the bench under investigation cannot supply one.

Continuing education is required annually. At least five days in the past calendar year, in courses approved by the state bar or the supreme court.

The qualifications are the public’s protection. Everything else in the chapter is arranged by the parties, so the statute fixes who is eligible to be chosen.