By Eiland H.J.R. No. 67
74R4865 MWV-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment changing the requirements for
1-2 persons serving in certain judicial offices.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2, Article V, Texas Constitution, is
1-5 amended to read as follows:
1-6 Sec. 2. (a) The Supreme Court shall consist of the Chief
1-7 Justice and eight Justices, any five of whom shall constitute a
1-8 quorum, and the concurrence of five shall be necessary to a
1-9 decision of a case; provided, that when the business of the court
1-10 may require, the court may sit in sections as designated by the
1-11 court to hear argument of causes and to consider applications for
1-12 writs of error or other preliminary matters.
1-13 (b) Except as provided by Subsection (d) of this section, no
1-14 <No> person shall be eligible to serve in the office of Chief
1-15 Justice or Justice of the Supreme Court unless the person is
1-16 licensed to practice law in this state and is certified by a
1-17 program created by order of the Supreme Court to certify attorneys
1-18 as having special competence in the area of criminal law, family
1-19 law, personal injury law, civil trial law, or civil appellate law,
1-20 and is, at the time of election, a citizen of the United States and
1-21 of this state, and has attained the age of thirty-five years, and
1-22 has been a practicing lawyer, or a lawyer and judge of a court of
1-23 record together at least ten years.
1-24 (c) Said Justices shall be elected (three of them each two
2-1 years) by the qualified voters of the state at a general election;
2-2 shall hold their offices six years, or until their successors are
2-3 elected and qualified; and shall each receive such compensation as
2-4 shall be provided by law. In case of a vacancy in the office of
2-5 the Chief Justice or any Justice of the Supreme Court, the Governor
2-6 shall fill the vacancy until the next general election for state
2-7 officers, and at such general election the vacancy for the
2-8 unexpired term shall be filled by election by the qualified voters
2-9 of the state. <The Justices of the Supreme Court who may be in
2-10 office at the time this amendment takes effect shall continue in
2-11 office until the expiration of their term of office under the
2-12 present Constitution, and until their successors are elected and
2-13 qualified.>
2-14 (d) A person serving in the office of Chief Justice or
2-15 Justice of the Supreme Court on January 1, 1996, to be eligible to
2-16 serve in those offices, must be licensed to practice law in this
2-17 state, be a citizen of this state and the United States, have
2-18 attained the age of thirty-five years, and have been a practicing
2-19 lawyer, or a lawyer and judge of a court of record together, at
2-20 least ten years.
2-21 SECTION 2. Section 7, Article V, Texas Constitution, is
2-22 amended to read as follows:
2-23 Sec. 7. (a) The State shall be divided into judicial
2-24 districts, with each district having one or more Judges as may be
2-25 provided by law or by this Constitution.
2-26 (b) Except as provided by Subsections (c) and (g) of this
2-27 section, each <Each> district judge shall be elected by the
3-1 qualified voters at a General Election and shall be a citizen of
3-2 the United States and of this State, who is licensed to practice
3-3 law in this State and has been a practicing lawyer or a Judge of a
3-4 Court in this State, or both combined, for four (4) years next
3-5 preceding <his> election, who has resided in the district in which
3-6 he was elected for two (2) years next preceding <his> election, and
3-7 who shall reside in the <his> district during the judge's <his>
3-8 term of office and hold <his> office for the period of four (4)
3-9 years, and who shall receive for the judge's <his> services an
3-10 annual salary to be fixed by the Legislature.
3-11 (c) Except as provided by Subsection (g) of this section, in
3-12 addition to the requirements of Subsection (b) of this section the
3-13 judge of a judicial district that includes a county with a
3-14 population of 200,000 or more as shown by the most recent federal
3-15 decennial census must be certified by a program created by order of
3-16 the Supreme Court to certify attorneys as having special competence
3-17 in one of the following areas:
3-18 (1) criminal law;
3-19 (2) family law;
3-20 (3) civil trial law;
3-21 (4) civil appellate law; or
3-22 (5) personal injury law.
3-23 (d) The Court shall conduct its proceedings at the county
3-24 seat of the county in which the case is pending, except as
3-25 otherwise provided by law.
3-26 (e) The district judge <He> shall hold the regular terms of
3-27 <his> Court at the County Seat of each County in the <his> district
4-1 in such manner as may be prescribed by law. The Legislature shall
4-2 have power by General or Special Laws to make such provisions
4-3 concerning the terms or sessions of each Court as it may deem
4-4 necessary.
4-5 (f) The Legislature shall also provide for the holding of
4-6 District Court when the Judge thereof is absent, or is from any
4-7 cause disabled or disqualified from presiding.
4-8 (g) A person serving in the office of district judge on
4-9 January 1, 1996, to be eligible to serve as a district judge, must
4-10 be elected by the qualified voters at a General Election, be a
4-11 citizen of the United States and of this State, be licensed to
4-12 practice law in this State, have been a practicing lawyer or a
4-13 Judge of a Court in this State, or both combined, for four (4)
4-14 years next preceding the judge's election, have resided in the
4-15 district in which elected for two (2) years next preceding
4-16 election, and reside in the district during the judge's term of
4-17 office.
4-18 SECTION 3. This proposed constitutional amendment shall be
4-19 submitted to the voters at an election to be held November 7,
4-20 1995. The ballot shall be printed to permit voting for or against
4-21 the following proposition: "The constitutional amendment to
4-22 require that justices of the supreme court and courts of appeals
4-23 and judges of the court of criminal appeals and district courts in
4-24 counties with populations of 200,000 or more meet certain
4-25 requirements established by the Texas Board of Legal
4-26 Specialization."