Werlein v. Calvert

WALKER, Justice.

These are original mandamus proceedings. On the principal questions presented for decision, we hold that Art. V, Sec. 1-a, of the Texas Constitution, Vernon’s Ann.St. does not render a retired judge who is at least 75 years of age ineligible for assignment to active duty or ineligible to serve as presiding judge of an administrative judicial district. The constitutional and statutory background will be reviewed before stating the facts.

Background

As originally adopted in 1948, Art. V, Sec. 1-a, simply authorized the Legislature to provide for the retirement and compensation of…