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."