By Shields H.J.R. No. 84
74R4610 MWV-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment limiting the time that a
1-2 person may serve in certain judicial offices and changing the
1-3 titles of certain judicial officers.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Article V, Texas Constitution, is
1-6 amended to read as follows:
1-7 Sec. 2. The Supreme Court shall consist of nine Justices, a
1-8 <the> Chief Justice and eight Associate Justices, any five of the
1-9 nine <whom> shall constitute a quorum, and the concurrence of five
1-10 shall be necessary to a decision of a case; provided, that when the
1-11 business of the court may require, the court may sit in sections as
1-12 designated by the court to hear argument of causes and to consider
1-13 applications for writs of error or other preliminary matters. No
1-14 person shall be eligible to serve in the office of Chief Justice or
1-15 Associate Justice of the Supreme Court unless the person is
1-16 licensed to practice law in this state and is, at the time of
1-17 election, a citizen of the United States and of this state, and has
1-18 attained the age of thirty-five years, and has been a practicing
1-19 lawyer, or a lawyer and judge of a court of record together at
1-20 least ten years. Said nine Justices shall be elected (three of
1-21 them each two years) by the qualified voters of the state at a
1-22 general election; shall, subject to Section 33 of this Article,
1-23 hold their offices six years, or until their successors are elected
1-24 and qualified; and shall each receive such compensation as shall be
2-1 provided by law. In case of a vacancy in the office of the Chief
2-2 Justice or of any Associate Justice of the Supreme Court, the
2-3 Governor shall, with the advice and consent of the Senate, fill the
2-4 vacancy until the next general election for state officers, and at
2-5 such general election, the vacancy for the unexpired term shall be
2-6 filled by election by the qualified voters of the state. <The
2-7 Justices of the Supreme Court who may be in office at the time this
2-8 amendment takes effect shall continue in office until the
2-9 expiration of their term of office under the present Constitution,
2-10 and until their successors are elected and qualified.>
2-11 All constitutional and statutory references to a Justice of
2-12 the Supreme Court shall be construed to mean an Associate Justice
2-13 of the Supreme Court.
2-14 SECTION 2. Section 4, Article V, Texas Constitution, is
2-15 amended to read as follows:
2-16 Sec. 4. The Court of Criminal Appeals shall consist of nine
2-17 Judges, a Presiding Judge and eight Collegial Judges <and one
2-18 Presiding Judge>. The Collegial Judges shall have the same
2-19 qualifications and receive the same salaries as the Associate
2-20 Justices of the Supreme Court, and the Presiding Judge shall have
2-21 the same qualifications and receive the same salary as the Chief
2-22 Justice of the Supreme Court. The Presiding Judge and the
2-23 Collegial Judges shall be elected by the qualified voters of the
2-24 state at a general election and, subject to Section 33 of this
2-25 Article, shall hold their offices for a term of six years. In case
2-26 of a vacancy in the office of the Presiding Judge or of any
2-27 Collegial <a> Judge of the Court of Criminal Appeals, the Governor
3-1 shall, with the advice and consent of the Senate, fill said vacancy
3-2 by appointment until the next succeeding general election.
3-3 For the purpose of hearing cases, the Court of Criminal
3-4 Appeals may sit in panels of three Judges, the designation thereof
3-5 to be under rules established by the court. In a panel of three
3-6 Judges, two Judges shall constitute a quorum and the concurrence of
3-7 two Judges shall be necessary for a decision. The Presiding Judge,
3-8 under rules established by the court, shall convene the court en
3-9 banc for the transaction of all other business and may convene the
3-10 court en banc for the purpose of hearing cases. The court must sit
3-11 en banc during proceedings involving capital punishment and other
3-12 cases as required by law. When convened en banc, five Judges shall
3-13 constitute a quorum and the concurrence of five Judges shall be
3-14 necessary for a decision. The Court of Criminal Appeals may
3-15 appoint Commissioners in aid of the Court of Criminal Appeals as
3-16 provided by law.
3-17 All constitutional and statutory references to a Judge of the
3-18 Court of Criminal Appeals shall be construed to mean a Collegial
3-19 Judge of the Court of Criminal Appeals.
3-20 SECTION 3. Article V, Texas Constitution, is amended by
3-21 adding Section 33 to read as follows:
3-22 Sec. 33. (a) A person may not serve as an Associate Justice
3-23 of the Supreme Court for more than 12 years. A person may not
3-24 serve as Chief Justice of the Supreme Court for more than 12 years.
3-25 (b) A person may not serve as a Collegial Judge of the Court
3-26 of Criminal Appeals for more than 12 years. A person may not serve
3-27 as Presiding Judge of the Court of Criminal Appeals for more than
4-1 12 years.
4-2 (c) A person may not serve as an Associate Justice of one
4-3 or more Courts of Appeals for more than a total of 12 years. A
4-4 person may not serve as Chief Justice of one or more Courts of
4-5 Appeals for more than a total of 12 years.
4-6 (d) A person may not serve as a district judge of one or
4-7 more judicial districts for more than a total of 12 years.
4-8 (e) A person may not serve as a judge of one or more county
4-9 courts created by the Legislature under Section 1, Article V, of
4-10 this Constitution for more than a total of 12 years.
4-11 (f) A person is not eligible to be elected or appointed or
4-12 to assume office to serve a full term or the remainder of a term of
4-13 office if service of that full term or remainder of a term would
4-14 cause the person to serve in violation of this section.
4-15 (g) Judicial service before January 1, 1999, is not counted
4-16 in determining whether a person is disqualified from election or
4-17 appointment to office under this section. For purposes of this
4-18 section, service for six months or less to fill a vacant office and
4-19 service after the end of a term as a holdover until a successor is
4-20 qualified is not considered service.
4-21 SECTION 4. This proposed constitutional amendment shall be
4-22 submitted to the voters at an election to be held November 7, 1995.
4-23 The ballot shall be printed to permit voting for or against the
4-24 following proposition: "The constitutional amendment to limit the
4-25 time that a person may serve in certain judicial offices to 12
4-26 years and to change the titles of certain judicial officers."