State Ex Rel. Angelini v. Hardberger

PHILLIPS, Chief Justice, and HECHT, CORNYN, OWEN and ABBOTT, Justices, join.

This is an original proceeding for writ of quo warranto. The State of Texas, on relation of the Governor’s appointee, Karen An-gelini, seeks a declaration that the Honorable Phil Hardberger has vacated his office as Justice of the Court of Appeals for the Fourth District of Texas. Because we conclude on constitutional grounds that Justice Hardberger has not yet vacated his office, and that there will be no vacancy in his office until the effective date of his resignation, we deny the writ of quo warranto.

By letter…