By Duncan, Stiles H.J.R. No. 60
74R2973 RJA-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment providing for the appointment
1-2 of appellate justices and judges by the governor with retention
1-3 elections on a nonpartisan ballot of those justices and judges and
1-4 for the alteration of the terms of certain judicial offices.
1-5 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 2, 4, 6, and 28, Article V, Texas
1-7 Constitution, are amended to read as follows:
1-8 Sec. 2. (a) The Supreme Court shall consist of the Chief
1-9 Justice and eight Justices, any five of whom shall constitute a
1-10 quorum, and the concurrence of five shall be necessary to a
1-11 decision of a case; provided, that when the business of the court
1-12 may require, the court may sit in sections as designated by the
1-13 court to hear argument of causes and to consider applications for
1-14 writs of error or other preliminary matters.
1-15 (b) No person shall be eligible to serve in the office of
1-16 Chief Justice or Justice of the Supreme Court unless the person is
1-17 licensed to practice law in this state and is, at the time of
1-18 election, a citizen of the United States and of this state, and has
1-19 attained the age of thirty-five years, and has been a practicing
1-20 lawyer, or a lawyer and judge of a court of record together at
1-21 least ten years.
1-22 (c) Said Chief Justice and Justices shall be subject, in the
1-23 manner provided by law, to retention or rejection on a nonpartisan
1-24 ballot <elected (three of them each two years)> by the qualified
2-1 voters of the state at a general election; and on retention by the
2-2 voters shall hold their offices six years, or until their
2-3 successors are <elected and> qualified. On appointment to a
2-4 vacancy as provided by Section 28, Article V, of this Constitution,
2-5 a Chief Justice or a Justice serves an initial term that ends
2-6 January 1 of the first odd-numbered year that begins more than 18
2-7 months after the Chief Justice or Justice takes the oath of office.
2-8 (d) The Chief Justice and Justices <; and> shall each
2-9 receive such compensation as shall be provided by law. <In case of
2-10 a vacancy in the office of the Chief Justice or any Justice of the
2-11 Supreme Court, the Governor shall fill the vacancy until the next
2-12 general election for state officers, and at such general election
2-13 the vacancy for the unexpired term shall be filled by election by
2-14 the qualified voters of the state. The Justices of the Supreme
2-15 Court who may be in office at the time this amendment takes effect
2-16 shall continue in office until the expiration of their term of
2-17 office under the present Constitution, and until their successors
2-18 are elected and qualified.>
2-19 Sec. 4. (a) The Court of Criminal Appeals shall consist of
2-20 eight Judges and one Presiding Judge.
2-21 (b) The Judges shall have the same qualifications and
2-22 receive the same salaries as the Associate Justices of the Supreme
2-23 Court, and the Presiding Judge shall have the same qualifications
2-24 and receive the same salary as the Chief Justice of the Supreme
2-25 Court.
2-26 (c) The Presiding Judge and the Judges shall be subject, in
2-27 the manner provided by law, to retention or rejection on a
3-1 nonpartisan ballot <elected> by the qualified voters of the state
3-2 at a general election and on retention by the voters shall hold
3-3 their offices for a term of six years. On appointment to a vacancy
3-4 as provided by Section 28, Article V, of this Constitution, a
3-5 Presiding Judge or Judge serves an initial term that ends January 1
3-6 of the first odd-numbered year that begins more than 18 months
3-7 after the Presiding Judge or Judge takes the oath of office. <In
3-8 case of a vacancy in the office of a Judge of the Court of Criminal
3-9 Appeals, the Governor shall, with the advice and consent of the
3-10 Senate, fill said vacancy by appointment until the next succeeding
3-11 general election.>
3-12 (d) For the purpose of hearing cases, the Court of Criminal
3-13 Appeals may sit in panels of three Judges, the designation thereof
3-14 to be under rules established by the court. In a panel of three
3-15 Judges, two Judges shall constitute a quorum and the concurrence of
3-16 two Judges shall be necessary for a decision. The Presiding Judge,
3-17 under rules established by the court, shall convene the court en
3-18 banc for the transaction of all other business and may convene the
3-19 court en banc for the purpose of hearing cases. The court must sit
3-20 en banc during proceedings involving capital punishment and other
3-21 cases as required by law. When convened en banc, five Judges shall
3-22 constitute a quorum and the concurrence of five Judges shall be
3-23 necessary for a decision. The Court of Criminal Appeals may
3-24 appoint Commissioners in aid of the Court of Criminal Appeals as
3-25 provided by law.
3-26 Sec. 6. (a) The state shall be divided into courts of
3-27 appeals districts, with each district having a Chief Justice, two
4-1 or more other Justices, and such other officials as may be provided
4-2 by law. The Justices shall have the qualifications prescribed for
4-3 Justices of the Supreme Court.
4-4 (b) The Court of Appeals may sit in sections as authorized
4-5 by law. The concurrence of a majority of the Justices <judges>
4-6 sitting in a section is necessary to decide a case. Said Court of
4-7 Appeals shall have appellate jurisdiction co-extensive with the
4-8 limits of their respective districts, which shall extend to all
4-9 cases of which the District Courts or County Courts have original
4-10 or appellate jurisdiction, under such restrictions and regulations
4-11 as may be prescribed by law. Provided, that the decision of said
4-12 courts shall be conclusive on all questions of fact brought before
4-13 them on appeal or error. Said courts shall have such other
4-14 jurisdiction, original and appellate, as may be prescribed by law.
4-15 (c) Each of said Courts of Appeals shall hold its sessions
4-16 at a place in its district to be designated by the Legislature, and
4-17 at such time as may be prescribed by law.
4-18 (d) Said Chief Justices and Justices shall be subject, in
4-19 the manner provided by law, to retention or rejection on a
4-20 nonpartisan ballot <elected> by the qualified voters of their
4-21 respective districts at a general election, and on retention by the
4-22 voters serve for a term of six years. On appointment to a vacancy
4-23 as provided by Section 28, Article V, of this Constitution, a Chief
4-24 Justice or Justice serves an initial term that ends January 1 of
4-25 the first odd-numbered year that begins more than 18 months after
4-26 the Chief Justice or Justice takes the oath of office.
4-27 (e) The Chief Justice and Justices <and> shall receive for
5-1 their services the compensation <sum> provided by law.
5-2 (f) Each Court of Appeals shall appoint a clerk in the same
5-3 manner as the clerk of the Supreme Court which clerk shall receive
5-4 such compensation as may be fixed by law.
5-5 (g) All constitutional and statutory references to the
5-6 Courts of Civil Appeals shall be construed to mean the Courts of
5-7 Appeals.
5-8 Sec. 28. (a) Vacancies in the office of judges of the
5-9 Supreme Court, the Court of Criminal Appeals, and the Courts
5-10 <Court> of <Civil> Appeals <and the District Courts> shall be
5-11 filled by the Governor from a list of nominees submitted to the
5-12 Governor by the appropriate court commission as provided by law.
5-13 The Governor may reject all names on any list submitted under this
5-14 subsection and require a new list to be submitted.
5-15 (b) The Governor shall fill vacancies under this section so
5-16 that the persons serving in those offices fairly reflect the
5-17 geographic distribution and ethnic and racial composition of the
5-18 population of the district served by the court or the state, as
5-19 applicable, according to the most recent federal decennial census.
5-20 (c) An appointment by the Governor under this section is
5-21 subject to Senate confirmation in the manner provided by this
5-22 Constitution. The Senate, in confirming appointments under this
5-23 section, shall ensure that the persons serving in those offices
5-24 fairly reflect the geographic distribution and ethnic and racial
5-25 composition of the population of the district served by the court
5-26 or the state, as applicable, according to the most recent federal
5-27 decennial census.
6-1 (d) The Legislature shall provide for the membership, terms,
6-2 and jurisdiction of one or more court commissions and for the
6-3 filling of vacancies if the Governor or a commission fails to act
6-4 within the prescribed time and under the provisions of law.
6-5 Notwithstanding Section 1, Article II, of this Constitution, the
6-6 authorities appointing members of a court commission may be persons
6-7 of more than one department of government, and the Legislature may
6-8 provide for Senate confirmation of appointments made by any
6-9 authority to such a commission or to fill a judicial office.
6-10 (e) Vacancies in the office of judges of the District Courts
6-11 shall be filled by the Governor until the next succeeding General
6-12 Election.
6-13 (f) Vacancies<; and vacancies> in the office of County Judge
6-14 and Justices of the Peace shall be filled by the Commissioners
6-15 Court until the next succeeding General Election.
6-16 SECTION 2. Article V, Texas Constitution, is amended by
6-17 adding Section 32 to read as follows:
6-18 Sec. 32. The legislature may alter the terms of offices
6-19 created by or under this article as necessary to implement a change
6-20 in election date for those offices, a restructuring of any part of
6-21 the judicial system, or a staggering of the terms of those offices.
6-22 SECTION 3. The following temporary provision is added to the
6-23 Texas Constitution:
6-24 TEMPORARY PROVISION. (a) This temporary provision applies
6-25 to the constitutional amendment relating to the appointment of
6-26 appellate justices and judges by the governor and retention
6-27 elections on a nonpartisan ballot of those justices and judges.
7-1 (b) The constitutional amendment takes effect January 1,
7-2 1996.
7-3 (c) Each supreme court justice, court of criminal appeals
7-4 judge, and court of appeals justice in office January 1, 1996,
7-5 unless otherwise removed as provided by law, continues in office
7-6 for the term to which elected.
7-7 (d) Each supreme court justice, court of criminal appeals
7-8 judge, and court of appeals justice who is in office January 1,
7-9 1996, is subject to retention or rejection, in the manner provided
7-10 by law, at the general election preceding the expiration of the
7-11 regular or unexpired term for which each was elected or appointed.
7-12 A vacancy does not exist in those offices until the expiration of
7-13 the term of the person who held the office January 1, 1996, or
7-14 until that person does not hold the office, whichever occurs first.
7-15 (e) This temporary provision expires January 1, 2004.
7-16 SECTION 4. This proposed constitutional amendment shall be
7-17 submitted to the voters at an election to be held on November 7,
7-18 1995. The ballot shall be printed to permit voting for or against
7-19 the proposition: "The constitutional amendment providing for the
7-20 governor to fill vacancies in the offices of appellate justices and
7-21 judges from a list of nominees submitted by a court commission and
7-22 providing for retention elections on a nonpartisan ballot for those
7-23 justices and judges."