If the judge of the constitutional county court has a bar card, but has let it go inactive (bar page shows he is not eligible to practice law in Texas), is he an "attorney licensed by the state" for purposes of CCP 18.01....I can see good arguments both ways, so what do you gurus have to say?

I'd have to go with NOT "licensed to practice law in the state". If he engaged in the practice of law, it would be a problem, and no one would even ask if just letting your license expire meant that you are not licensed. If you argue that "licensed" just meant that he had a bar card at some point, you open the door to an attorney who has been disbarred but is now somehow the judge of the const. county court arguing that he is "licensed." I think a warrant signed by the attorney judge would likely be challenged, and that a challenge would robably be successful. "Licensed" does not appear to mean a person who at one time had a license.

A similar situation occurred in Lubbock several years ago when an attorney who had been inactive for several years decided to run for judge. Inactive time did NOT count for time required to be licensed prior to being elected judge. I think there may have been an ethics opinion on that case? It was around 2000 or so, at least as far as I can remember. The "licensed" language was similar to CCP 18.01