By Dutton H.J.R. No. 78
74R4473 MLR-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to the qualifications
1-2 of judges of district courts.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 7, Article V, Texas Constitution, is
1-5 amended to read as follows:
1-6 Sec. 7. (a) The State shall be divided into judicial
1-7 districts, with each district having one or more Judges as may be
1-8 provided by law or by this Constitution.
1-9 (b) Each district judge shall be elected by the qualified
1-10 voters at a General Election and shall be a citizen of the United
1-11 States and of this State, who is licensed to practice law in this
1-12 State and has been a practicing lawyer or a Judge of a Court in
1-13 this State, or both combined, for four (4) years next preceding his
1-14 election, who has resided in the district in which he was elected
1-15 for two (2) years next preceding his election, <and> who shall
1-16 reside in his district during his term of office and hold his
1-17 office for the period of four (4) years, who is a qualified elector
1-18 of this State, who has not held the office of district attorney,
1-19 county attorney, or criminal district attorney or who has not been
1-20 an assistant prosecutor in one of those offices for four (4) years
1-21 next preceding his election, and who shall receive for his services
1-22 an annual salary to be fixed by the Legislature.
1-23 (c) The Court shall conduct its proceedings at the county
1-24 seat of the county in which the case is pending, except as
2-1 otherwise provided by law. He shall hold the regular terms of his
2-2 Court at the County Seat of each County in his district in such
2-3 manner as may be prescribed by law. The Legislature shall have
2-4 power by General or Special Laws to make such provisions concerning
2-5 the terms or sessions of each Court as it may deem necessary.
2-6 (d) The Legislature shall also provide for the holding of
2-7 District Court when the Judge thereof is absent, or is from any
2-8 cause disabled or disqualified from presiding.
2-9 (e) The qualifications for the office of district judge
2-10 providing that a district judge must be a qualified elector of the
2-11 State and may not have held the office of district attorney, county
2-12 attorney, or criminal district attorney or have served as an
2-13 assistant prosecutor in one of those offices for four (4) years
2-14 next preceding his election take effect January 1, 1996, and do not
2-15 apply to a judge initially appointed or elected to a district court
2-16 before that date, except that those qualifications do apply to a
2-17 judge initially appointed or elected to a district court before
2-18 January 1, 1996, who leaves the office of district judge after that
2-19 date and later is reelected or reappointed to that office.
2-20 SECTION 2. This proposed constitutional amendment shall be
2-21 submitted to the voters at an election to be held November 7, 1995.
2-22 The ballot shall be printed to permit voting for or against the
2-23 proposition: "The constitutional amendment to provide that a
2-24 person seeking the office of district judge is a registered voter
2-25 who has not held the office of district attorney, county attorney,
2-26 or criminal district attorney or has not served as an assistant
2-27 prosecutor in one of those offices for the four years preceding the
3-1 election."