Since Ray did not have an opportunity to get in on the last thrilling discussion, I throw this out for your help. As predicted, wannabes have now come forth wanting to be appointed to the 2 vacant constable positions in the county.
I believe we have come to the consensus that the Comm. Ct. is not obligated to fill this position, however, if they decide to, should the position be posted for a period of time to allow all intersted parties time to get their names in the hat?
Second Question. Does the sucessessful applicant need to be a licensed peace officr at the time of the appointment? I know that is not required for election but what about appointment? Would there be any potential liability in appointing a "novice" to the position.
Thanks

If the constable positions have been vacant for at least seven years, you should consider advising the commissioners court to declare the offices dormant. See Tex. Const. art. V, sec. 18(h). If they actually want constables, first consider your options under chapters 571 through 574 of the Health and Safety Code. Assuming you can't get two physicians to sign off on a certification of examination for mental illness, there is no specific requirement either way. Since the AG has expressly noted the commissioners court's latitude of discretion in this area, I think you could argue that it should go any way your commissioners decide it should to protect the interests of the county and its citizens. Thus, posting and requirement that certain qualifications (aside from residency) be met may be desireable, but they are not required. Upon appointment and taking of office, however, the clock will start ticking on the appointee's 270 days to get his/her license, if he/she is not already licensed by TCLEOSE.