By: Duncan H.J.R. No. 70
73R3498 RJA-F
A JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to the appointment of
1-2 appellate justices and judges and certain district judges by the
1-3 governor and to confirmation elections on a nonpartisan ballot of
1-4 those justices and judges.
1-5 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article V, Sections 2, 4, 6, 7, and 28, of the
1-7 Texas Constitution are amended to read as follows:
1-8 Sec. 2. The Supreme Court shall consist of the Chief Justice
1-9 and eight Justices, any five of whom shall constitute a quorum, and
1-10 the concurrence of five shall be necessary to a decision of a case;
1-11 provided, that when the business of the court may require, the
1-12 court may sit in sections as designated by the court to hear
1-13 argument of causes and to consider applications for writs of error
1-14 or other preliminary matters. No person shall be eligible to serve
1-15 in the office of Chief Justice or Justice of the Supreme Court
1-16 unless the person is licensed to practice law in this state and is,
1-17 at the time of election, a citizen of the United States and of this
1-18 state, and has attained the age of thirty-five years, and has been
1-19 a practicing lawyer, or a lawyer and judge of a court of record
1-20 together at least ten years. Said Chief Justice and Justices shall
1-21 be subject, in the manner provided by law, to confirmation or
1-22 rejection on a nonpartisan ballot <elected (three of them each two
1-23 years)> by the qualified voters of the state at a general election;
1-24 shall hold their offices six years, or until their successors are
2-1 <elected and> qualified; and shall each receive such compensation
2-2 as shall be provided by law. <In case of a vacancy in the office
2-3 of the Chief Justice or any Justice of the Supreme Court, the
2-4 Governor shall fill the vacancy until the next general election for
2-5 state officers, and at such general election the vacancy for the
2-6 unexpired term shall be filled by election by the qualified voters
2-7 of the state. The Justices of the Supreme Court who may be in
2-8 office at the time this amendment takes effect shall continue in
2-9 office until the expiration of their term of office under the
2-10 present Constitution, and until their successors are elected and
2-11 qualified.>
2-12 Sec. 4. The Court of Criminal Appeals shall consist of eight
2-13 Judges and one Presiding Judge. The Judges shall have the same
2-14 qualifications and receive the same salaries as the Associate
2-15 Justices of the Supreme Court, and the Presiding Judge shall have
2-16 the same qualifications and receive the same salary as the Chief
2-17 Justice of the Supreme Court. The Presiding Judge and the Judges
2-18 shall be subject, in the manner provided by law, to confirmation or
2-19 rejection on a nonpartisan ballot <elected> by the qualified voters
2-20 of the state at a general election and shall hold their offices for
2-21 a term of six years. <In case of a vacancy in the office of a
2-22 Judge of the Court of Criminal Appeals, the Governor shall, with
2-23 the advice and consent of the Senate, fill said vacancy by
2-24 appointment until the next succeeding general election.>
2-25 For the purpose of hearing cases, the Court of Criminal
2-26 Appeals may sit in panels of three Judges, the designation thereof
2-27 to be under rules established by the court. In a panel of three
3-1 Judges, two Judges shall constitute a quorum and the concurrence of
3-2 two Judges shall be necessary for a decision. The Presiding Judge,
3-3 under rules established by the court, shall convene the court en
3-4 banc for the transaction of all other business and may convene the
3-5 court en banc for the purpose of hearing cases. The court must sit
3-6 en banc during proceedings involving capital punishment and other
3-7 cases as required by law. When convened en banc, five Judges shall
3-8 constitute a quorum and the concurrence of five Judges shall be
3-9 necessary for a decision. The Court of Criminal Appeals may
3-10 appoint Commissioners in aid of the Court of Criminal Appeals as
3-11 provided by law.
3-12 Sec. 6. The state shall be divided into courts of appeals
3-13 districts, with each district having a Chief Justice, two or more
3-14 other Justices, and such other officials as may be provided by law.
3-15 The Justices shall have the qualifications prescribed for Justices
3-16 of the Supreme Court. The Court of Appeals may sit in sections as
3-17 authorized by law. The concurrence of a majority of the Justices
3-18 <judges> sitting in a section is necessary to decide a case. Said
3-19 Court of Appeals shall have appellate jurisdiction co-extensive
3-20 with the limits of their respective districts, which shall extend
3-21 to all cases of which the District Courts or County Courts have
3-22 original or appellate jurisdiction, under such restrictions and
3-23 regulations as may be prescribed by law. Provided, that the
3-24 decision of said courts shall be conclusive on all questions of
3-25 fact brought before them on appeal or error. Said courts shall
3-26 have such other jurisdiction, original and appellate, as may be
3-27 prescribed by law.
4-1 Each of said Courts of Appeals shall hold its sessions at a
4-2 place in its district to be designated by the Legislature, and at
4-3 such time as may be prescribed by law. Said Chief Justices and
4-4 Justices shall be subject, in the manner provided by law, to
4-5 confirmation or rejection on a nonpartisan ballot <elected> by the
4-6 qualified voters of their respective districts at a general
4-7 election, for a term of six years and shall receive for their
4-8 services the sum provided by law. Each Court of Appeals shall
4-9 appoint a clerk in the same manner as the clerk of the Supreme
4-10 Court which clerk shall receive such compensation as may be fixed
4-11 by law.
4-12 All constitutional and statutory references to the Courts of
4-13 Civil Appeals shall be construed to mean the Courts of Appeals.
4-14 Sec. 7. The State shall be divided into judicial districts,
4-15 with each district having one or more Judges as may be provided by
4-16 law or by this Constitution. Each district judge shall be elected
4-17 by the qualified voters at a General Election or appointed as
4-18 provided by Section 28(c) of this article and shall be a citizen of
4-19 the United States and of this State, who is licensed to practice
4-20 law in this State and has been a practicing lawyer or a Judge of a
4-21 Court in this State, or both combined, for four (4) years next
4-22 preceding his election or appointment, who has resided in the
4-23 district in which he was elected or appointed for two (2) years
4-24 next preceding his election or appointment, and who shall reside in
4-25 his district during his term of office and hold his office for the
4-26 period of four (4) years, and who shall receive for his services an
4-27 annual salary to be fixed by the Legislature. The Court shall
5-1 conduct its proceedings at the county seat of the county in which
5-2 the case is pending, except as otherwise provided by law. He shall
5-3 hold the regular terms of his Court at the County Seat of each
5-4 County in his district in such manner as may be prescribed by law.
5-5 The Legislature shall have power by General or Special Laws to make
5-6 such provisions concerning the terms or sessions of each Court as
5-7 it may deem necessary.
5-8 The Legislature shall also provide for the holding of
5-9 District Court when the Judge thereof is absent, or is from any
5-10 cause disabled or disqualified from presiding.
5-11 Sec. 28. (a) Vacancies in the office of judges of the
5-12 Supreme Court, the Court of Criminal Appeals, and the Courts
5-13 <Court> of <Civil> Appeals <and the District Courts> shall be
5-14 filled by the Governor <until the next succeeding General Election>
5-15 from a list of nominees submitted to the Governor by a court
5-16 commission as provided by law. At the next succeeding General
5-17 Election, the person appointed shall be confirmed or rejected on a
5-18 nonpartisan ballot.
5-19 (b) Except as provided by Subsection (c) of this section,
5-20 vacancies in the office of judges of the District Courts shall be
5-21 filled by the Governor until the next succeeding General Election.
5-22 (c) A vacancy in the office of judges of the District Courts
5-23 of Bexar, Dallas, El Paso, Harris, Tarrant, or Travis counties
5-24 shall be filled by the Governor from a list of nominees submitted
5-25 to the Governor by a court commission as provided by law. At the
5-26 next succeeding General Election, the person appointed shall be
5-27 confirmed or rejected on a nonpartisan ballot. This subsection
6-1 applies only to a District Court composed entirely of one county.
6-2 A reapportionment of a judicial district does not affect the term
6-3 of the Judge elected or appointed before the effective date of the
6-4 reapportionment, and that Judge, unless otherwise removed from
6-5 office, serves for the term to which elected or appointed.
6-6 (d) An appointment by the Governor under this section is
6-7 subject to Senate confirmation in the manner provided by Article
6-8 IV, Section 12, of this Constitution.
6-9 (e) The Legislature shall provide for the membership, terms,
6-10 and jurisdiction of one or more court commissions and for the
6-11 filling of vacancies if the Governor or a commission fails to act
6-12 within the prescribed time and under the provisions of law.
6-13 Notwithstanding Article II, Section 1, of this Constitution, the
6-14 authorities appointing members of a court commission may be persons
6-15 of more than one department of government, and the Legislature may
6-16 provide for Senate confirmation of appointments made by any
6-17 authority to such a commission or to fill a judicial office.
6-18 (f) Vacancies<; and vacancies> in the office of County Judge
6-19 and Justices of the Peace shall be filled by the Commissioners
6-20 Court until the next succeeding General Election.
6-21 SECTION 2. The following temporary provision is added to the
6-22 Texas Constitution:
6-23 TEMPORARY PROVISION. (a) This temporary provision applies
6-24 to the constitutional amendment relating to the appointment of
6-25 appellate justices and judges and certain district judges by the
6-26 governor and to confirmation elections on a nonpartisan ballot of
6-27 those justices and judges.
7-1 (b) The constitutional amendment takes effect January 1,
7-2 1995.
7-3 (c) Each supreme court justice, court of criminal appeals
7-4 judge, court of appeals justice, and district judge in office
7-5 January 1, 1995, unless otherwise removed as provided by law,
7-6 continues in office for the term to which elected.
7-7 (d) Each supreme court justice, court of criminal appeals
7-8 judge, court of appeals justice, and district judge to which
7-9 Article V, Section 28(c), of this Constitution applies who is in
7-10 office January 1, 1995, is subject to confirmation or rejection, in
7-11 the manner provided by law, at the general election preceding the
7-12 expiration of the regular or unexpired term for which each was
7-13 elected or appointed. A vacancy does not exist in those offices
7-14 until the expiration of the term of the person who held the office
7-15 January 1, 1995, or until that person does not hold the office,
7-16 whichever occurs first. A regular term of office beginning on or
7-17 after January 1, 1995, is for a six-year period for a supreme court
7-18 justice, court of criminal appeals judge, and court of appeals
7-19 justice, and for a four-year period for a district judge.
7-20 (e) This temporary provision expires January 1, 2002.
7-21 SECTION 3. This proposed constitutional amendment shall be
7-22 submitted to the voters at an election to be held on November 8,
7-23 1994. The ballot shall be printed to provide for voting for or
7-24 against the proposition: "The constitutional amendment requiring
7-25 the governor to fill vacancies in the offices of appellate justices
7-26 and judges and certain district judges in Bexar, Dallas, El Paso,
7-27 Harris, Tarrant, and Travis counties from a list of nominees
8-1 submitted by a court commission and providing for confirmation
8-2 elections on a nonpartisan ballot for those justices and judges."