By: Montford S.J.R. No. 37
SENATE JOINT RESOLUTION
1-1 proposing a constitutional amendment changing the title of justices
1-2 of the courts of appeals.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article V, Section 1-a, Subsections 2, 8, and 9,
1-5 of the Texas Constitution are amended to read as follows:
1-6 (2) <The name of the State Judicial Qualifications
1-7 Commission is changed to the State Commission on Judicial Conduct.>
1-8 The State Commission on Judicial Conduct consists of eleven (11)
1-9 members, to wit: (i) one (1) Judge <Justice> of a Court of
1-10 Appeals; (ii) one (1) District Judge; (iii) two (2) members of the
1-11 State Bar, who have respectively practiced as such for over ten
1-12 (10) consecutive years next preceding their selection; (iiii) four
1-13 (4) citizens, at least thirty (30) years of age, not licensed to
1-14 practice law nor holding any salaried public office or employment;
1-15 (v) one (1) Justice of the Peace; (vi) one (1) Judge of a Municipal
1-16 Court; and (vii) one (1) Judge of a County Court at Law; provided
1-17 that no person shall be or remain a member of the Commission, who
1-18 does not maintain physical residence within this State, or who
1-19 resides in, or holds a judgeship within or for, the same Court of
1-20 Appeals <Supreme Judicial> District as another member of the
1-21 Commission, or who shall have ceased to retain the qualifications
1-22 above specified for his respective class of membership, except that
1-23 the Justice of the Peace and Judges of a Municipal Court and of a
2-1 County Court at Law shall be selected at large without regard to
2-2 whether they reside or hold a judgeship in the Court of Appeals
2-3 <Supreme Judicial> District as another member of the Commission.
2-4 Commissioners of classes (i), (ii), and (vii) above shall be chosen
2-5 by the Supreme Court with advice and consent of the Senate, those
2-6 of class (iii) by the Board of Directors of the State Bar under
2-7 regulations to be prescribed by the Supreme Court with advice and
2-8 consent of the Senate, those of class (iiii) by appointment of the
2-9 Governor with advice and consent of the Senate, and the
2-10 commissioners of classes (v) and (vi) by appointment of the Supreme
2-11 Court as provided by law with the advice and consent of the Senate.
2-12 (8) After such investigation as it deems necessary, the
2-13 Commission may in its discretion issue a private or public
2-14 admonition, warning, reprimand, or requirement that the person
2-15 obtain additional training or education, or if the Commission
2-16 determines that the situation merits such action, it may institute
2-17 formal proceedings and order a formal hearing to be held before it
2-18 concerning the public censure, removal, or retirement of a person
2-19 holding an office or position specified in Subsection (6) of this
2-20 Section, or it may in its discretion request the Supreme Court to
2-21 appoint an active or retired District Judge or Judge <Justice> of a
2-22 Court of Appeals, or retired Judge or Justice of the Court of
2-23 Criminal Appeals or the Supreme Court, as a Master to hear and take
2-24 evidence in any such matter, and to report thereon to the
2-25 Commission. The Master shall have all the power of a District
3-1 Judge in the enforcement of orders pertaining to witnesses,
3-2 evidence, and procedure. If, after formal hearing, or after
3-3 considering the record and report of a Master, the Commission finds
3-4 good cause therefor, it shall issue an order of public censure or
3-5 it shall recommend to a review tribunal the removal or retirement,
3-6 as the case may be, of the person in question holding an office or
3-7 position specified in Subsection (6) of this Section and shall
3-8 thereupon file with the tribunal the entire record before the
3-9 Commission.
3-10 (9) A tribunal to review the Commission's recommendation for
3-11 the removal or retirement of a person holding an office or position
3-12 specified in Subsection (6) of this Section is composed of seven
3-13 (7) <Justices or> Judges of the Courts of Appeals who are selected
3-14 by lot by the Chief Justice of the Supreme Court. Each Court of
3-15 Appeals shall designate one of its members for inclusion in the
3-16 list from which the selection is made. Service on the tribunal
3-17 shall be considered part of the official duties of a judge, and no
3-18 additional compensation may be paid for such service. The review
3-19 tribunal shall review the record of the proceedings on the law and
3-20 facts and in its discretion may, for good cause shown, permit the
3-21 introduction of additional evidence. Within 90 days after the date
3-22 on which the record is filed with the review tribunal, it shall
3-23 order public censure, retirement or removal, as it finds just and
3-24 proper, or wholly reject the recommendation. A Justice, Judge,
3-25 Master, or Magistrate may appeal a decision of the review tribunal
4-1 to the Supreme Court under the substantial evidence rule. Upon an
4-2 order for involuntary retirement for disability or an order for
4-3 removal, the office in question shall become vacant. The review
4-4 tribunal, in an order for involuntary retirement for disability or
4-5 an order for removal, may prohibit such person from holding
4-6 judicial office in the future. The rights of an incumbent so
4-7 retired to retirement benefit shall be the same as if the <his>
4-8 retirement had been voluntary.
4-9 SECTION 2. Article V, Section 6, of the Texas Constitution,
4-10 is amended to read as follows:
4-11 Sec. 6. (a) The state shall be divided into courts of
4-12 appeals districts, with each district having a Chief Judge
4-13 <Justice>, two or more other Judges <Justices>, and such other
4-14 officials as <may be> provided by law. The Judges <Justices> shall
4-15 have the qualifications prescribed for Justices of the Supreme
4-16 Court.
4-17 (b) A <The> Court of Appeals may sit in sections as
4-18 authorized by law. The concurrence of a majority of the judges
4-19 sitting in a section is necessary to decide a case.
4-20 (c) The Courts <Said Court> of Appeals shall have appellate
4-21 jurisdiction co-extensive with the limits of their respective
4-22 districts, which shall extend to all cases of which the District
4-23 Courts or County Courts have original or appellate jurisdiction,
4-24 under such restrictions and regulations as <may be> prescribed by
4-25 law.
5-1 (d) The <Provided, that the> decision of the <said courts>
5-2 Courts of Appeals shall be conclusive on all questions of fact
5-3 brought before them on appeal or error. The <Said courts>Courts of
5-4 Appeals shall have such other jurisdiction, original and appellate,
5-5 as <may be> prescribed by law.
5-6 (e) Each Court <of said Courts> of Appeals shall hold its
5-7 sessions at a place in its district to be designated by the
5-8 Legislature, and at such time as <may be> prescribed by law.
5-9 (f) Chief Judges and Judges <Said Justices> shall be elected
5-10 by the qualified voters or their respective districts at a general
5-11 election, for a term of six years and shall receive for their
5-12 services the sum provided by law. <Each Court of Appeals shall
5-13 appoint a clerk in the same manner as the clerk of the Supreme
5-14 Court which clerk shall receive such compensation as may be fixed
5-15 by law.>
5-16 (g) All constitutional and statutory references to the
5-17 Courts of Civil Appeals shall be construed to mean the Courts of
5-18 Appeals.
5-19 (h) All constitutional and statutory references to a Justice
5-20 or Chief Justice of a Court of Appeals shall be construed to mean a
5-21 Judge or Chief Judge of a Court of Appeals.
5-22 SECTION 3. Article V, Section 11, of the Texas Constitution,
5-23 is amended to read as follows:
5-24 Sec. 11. (a) A justice or <No> judge may not <shall> sit in
5-25 any case in which the justice or judge is <wherein he may be>
6-1 interested, or in which <where> either of the parties is related to
6-2 the justice or judge <may be connected with him>, either by
6-3 affinity or consanguinity, within the <such a> degree <as may be>
6-4 prescribed by law<, or when he shall have been counsel in the
6-5 case>. A justice or judge may not sit in any case in which the
6-6 justice or judge has represented a party, or other situations where
6-7 the justice or judge has a conflict proscribed by law.
6-8 (b) When the Supreme Court, the Court of Criminal Appeals, a
6-9 <the> Court of <Civil> Appeals, or any member of those courts is
6-10 <either, shall be thus> disqualified to hear and determine any case
6-11 <or cases> in the <said> court, the Chief Justice or Chief Judge,
6-12 as applicable, shall certify that fact <same shall be certified> to
6-13 the Governor. The Governor <of the State, who> shall immediately
6-14 commission the requisite number of persons having the same
6-15 qualifications as a member of the court <learned in the law> for
6-16 the trial and determination of the case <such cause or causes>.
6-17 (c) When a judge of the District Court is disqualified to
6-18 hear and determine any case in the judge's court, another judge or
6-19 <by any of the causes above stated, the parties may, by consent,
6-20 appoint a proper person to try said case; or upon their failing to
6-21 do so,> a <competent> person having the same qualifications as
6-22 required for the judge of that court shall <may> be appointed to
6-23 try the case <same> in the county where it is pending, <in such
6-24 manner> as <may be> prescribed by law.
6-25 (d) The <And the> District Judges may exchange districts, or
7-1 hold court <courts> for each other when they deem it expedient, and
7-2 shall do so when required by law. <This disqualification of judges
7-3 of inferior tribunals shall be remedied and vacancies in their
7-4 offices filled as may be prescribed by law.>
7-5 SECTION 4. This constitutional amendment takes effect
7-6 January 1, 1994.
7-7 SECTION 5. This proposed constitutional amendment shall be
7-8 submitted to the voters at an election to be held November 2, 1993.
7-9 The ballot shall be printed to provide for voting for or against
7-10 the proposition: "The constitutional amendment changing the title
7-11 of the justices of the courts of appeals."