By:  Smithee                                          H.J.R. No. 98
       73R2521 RJA-D
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment relating to the titles of
    1-2  justices of the courts of appeals.
    1-3        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article V, Sections 1-a(2), (8), and (9), of the
    1-5  Texas Constitution are amended to read as follows:
    1-6        (2)  The name of the State Judicial Qualifications Commission
    1-7  is changed to the State Commission on Judicial Conduct.  The
    1-8  Commission consists of eleven (11) members, to wit:  (i) one (1)
    1-9  Judge <Justice> of a Court of Appeals; (ii) one (1) District Judge;
   1-10  (iii) two (2) members of the State Bar, who have respectively
   1-11  practiced as such for over ten (10) consecutive years next
   1-12  preceding their selection; (iiii) four (4) citizens, at least
   1-13  thirty (30) years of age, not licensed to practice law nor holding
   1-14  any salaried public office or employment; (v) one (1) Justice of
   1-15  the Peace; (vi) one (1) Judge of a Municipal Court; and, (vii) one
   1-16  (1) Judge of a County Court at Law; provided that no person shall
   1-17  be or remain a member of the Commission, who does not maintain
   1-18  physical residence within this State, or who resides in, or holds a
   1-19  judgeship within or for, the same Court of Appeals <Supreme
   1-20  Judicial> District as another member of the Commission, or who
   1-21  shall have ceased to retain the qualifications above specified for
   1-22  his respective class of membership, except that the Justice of the
   1-23  Peace and the Judges of a Municipal Court and or a County Court at
   1-24  Law shall be selected at large without regard to whether they
    2-1  reside or hold a judgeship in the same Supreme Judicial District as
    2-2  another member of the Commission.  Commissioners of classes (i),
    2-3  (ii), and (vii) above shall be chosen by the Supreme Court with
    2-4  advice and consent of the Senate, those of class (iii) by the Board
    2-5  of Directors of the State Bar under regulations to be prescribed by
    2-6  the Supreme Court with advice and consent of the Senate, those of
    2-7  class (iiii) by appointment of the Governor with advice and consent
    2-8  of the Senate, and the commissioners of classes (v) and (vi) by
    2-9  appointment of the Supreme Court as provided by law, with the
   2-10  advice and consent of the Senate.
   2-11        (8)  After such investigation as it deems necessary, the
   2-12  Commission may in its discretion issue a private or public
   2-13  admonition, warning, reprimand, or requirement that the person
   2-14  obtain additional training or education, or if the Commission
   2-15  determines that the situation merits such action, it may institute
   2-16  formal proceedings and order a formal hearing to be held before it
   2-17  concerning the public censure, removal, or retirement of a person
   2-18  holding an office or position specified in Subsection (6) of this
   2-19  Section, or it may in its discretion request the Supreme Court to
   2-20  appoint an active or retired District Judge or Judge <Justice> of a
   2-21  Court of Appeals, or retired Judge or Justice of the Court of
   2-22  Criminal Appeals or the Supreme Court, as a Master to hear and take
   2-23  evidence in any such matter, and to report thereon to the
   2-24  Commission.  The Master shall have all the power of a District
   2-25  Judge in the enforcement of orders pertaining to witnesses,
   2-26  evidence, and procedure.  If, after formal hearing, or after
   2-27  considering the record and report of a Master, the Commission finds
    3-1  good cause therefor, it shall issue an order of public censure or
    3-2  it shall recommend to a review tribunal the removal or retirement,
    3-3  as the case may be, of the person in question holding an office or
    3-4  position specified in Subsection (6) of this Section and shall
    3-5  thereupon file with the tribunal the entire record before the
    3-6  Commission.
    3-7        (9)  A tribunal to review the Commission's recommendation for
    3-8  the removal or retirement of a person holding an office or position
    3-9  specified in Subsection (6) of this Section is composed of seven
   3-10  (7) <Justices or> Judges of the Courts of Appeals who are selected
   3-11  by lot by the Chief Justice of the Supreme Court.  Each Court of
   3-12  Appeals shall designate one of its members for inclusion in the
   3-13  list from which the selection is made.  Service on the tribunal
   3-14  shall be considered part of the official duties of a judge, and no
   3-15  additional compensation may be paid for such service.  The review
   3-16  tribunal shall review the record of the proceedings on the law and
   3-17  facts and in its discretion may, for good cause shown, permit the
   3-18  introduction of additional evidence.  Within 90 days after the date
   3-19  on which the record is filed with the review tribunal, it shall
   3-20  order public censure, retirement or removal, as it finds just and
   3-21  proper, or wholly reject the recommendation.  A Justice, Judge,
   3-22  Master, or Magistrate may appeal a decision of the review tribunal
   3-23  to the Supreme Court under the substantial evidence rule.  Upon an
   3-24  order for involuntary retirement for disability or an order for
   3-25  removal, the office in question shall become vacant.  The review
   3-26  tribunal, in an order for involuntary retirement for disability or
   3-27  an order for removal, may prohibit such person from holding
    4-1  judicial office in the future.  The rights of an incumbent so
    4-2  retired to retirement benefit shall be the same as if his
    4-3  retirement had been voluntary.
    4-4        SECTION 2.  Article V, Section 6, of the Texas Constitution
    4-5  is amended to read as follows:
    4-6        Sec. 6.  The state shall be divided into courts of appeals
    4-7  districts, with each district having a Chief Judge <Justice>, two
    4-8  or more other Judges <Justices>, and such other officials as may be
    4-9  provided by law.  The Judges <Justices> shall have the
   4-10  qualifications prescribed for Justices of the Supreme Court.   The
   4-11  Court of Appeals may sit in sections as authorized by law.  The
   4-12  concurrence of a majority of the judges sitting in a section is
   4-13  necessary to decide a case.  Said Court of Appeals shall have
   4-14  appellate jurisdiction co-extensive with the limits of their
   4-15  respective districts, which shall extend to all cases of which the
   4-16  District Courts or County Courts have original or appellate
   4-17  jurisdiction, under such restrictions and regulations as may be
   4-18  prescribed by law.  Provided, that the decision of said courts
   4-19  shall be conclusive on all questions of fact brought before them on
   4-20  appeal or error.  Said courts shall have such other jurisdiction,
   4-21  original and appellate, as may be prescribed by law.
   4-22        Each of said Courts of Appeals shall hold its sessions at a
   4-23  place in its district to be designated by the Legislature, and at
   4-24  such time as may be prescribed by law.  Said Judges <Justices>
   4-25  shall be elected by the qualified voters of their respective
   4-26  districts at a general election, for a term of six years and shall
   4-27  receive for their services the sum provided by law.  Each Court of
    5-1  Appeals shall appoint a clerk in the same manner as the clerk of
    5-2  the Supreme Court which clerk shall receive such compensation as
    5-3  may be fixed by law.
    5-4        All constitutional and statutory references to the Courts of
    5-5  Civil Appeals shall be construed to mean the Courts of Appeals.
    5-6        All constitutional and statutory references to a Justice or a
    5-7  Chief Justice of a Court of Appeals shall be construed to mean a
    5-8  Judge or Chief Judge of a Court of Appeals.
    5-9        SECTION 3.  This proposed constitutional amendment shall be
   5-10  submitted to the voters at an election to be held on November 8,
   5-11  1994.  The ballot shall be printed to provide for voting for or
   5-12  against the proposition:  "The constitutional amendment changing
   5-13  the official title of justices of the courts of appeals to judges
   5-14  of the courts of appeals."