PMWJ H.J.R. 69 75(R)BILL ANALYSIS JUDICIAL AFFAIRS H.J.R. 69 By: Thompson C.S.H.J.R. 69 By: Thompson 5-1-97 Committee Report (Substituted) BACKGROUND Texas' method of selecting judges is confusing to voters, expensive, and biased against voters of color. PURPOSE This proposed constitutional amendment provides that appellate judges will be elected in nonpartisan elections in the November general election in even-numbered years. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1 amends Sections 2, 4, 6, and 28 of Article V of the Texas Constitution. Sec. 2 is amended to be divided into four subsections, to provide that the supreme court chief justice and justices are subject to nonpartisan elections and that appointed justices (or the chief justice) hold office until January 1 of the first odd-numbered year following 18 months after the justice or chief justice was appointed. Part of current Section 2, providing that an appointed justice or chief justice serves until the next general election elects a successor for the remaining unexpired term, is deleted. Sec. 4 is amended to be divided into four parts, to provide that the court of criminal appeals' chief judge and judges are subject to nonpartisan elections and that appointed judges (or the chief judge) hold office until January 1 of the first odd-numbered year following 18 months after the judge or chief judge was appointed. Part of current Section 4, providing that an appointed justice or chief justice serves until the next general election elects a successor, is deleted. Sec. 6 is amended to be divided into seven parts, to provide that the courts of appeals chief justices and justices are subject to nonpartisan elections and that appointed justices (or the chief justices) hold office until January 1 of the first odd-numbered year following 18 months after the justice or chief justice was appointed. Sec. 28 is amended to provide that the governor shall fill all vacancies in the supreme court, court of criminal appeals and courts of appeal, subject to confirmation by the senate, and fairly reflecting the geographic, ethnic and racial diversity of the state or district. District judges appointed by the governor to fill vacancies serve until the beginning of the term of the judge elected to that court at the next general election. SECTION 2 is a temporary provision providing that this constitutional amendment takes effect January 1, 1998 and expires January 1, 2006. SECTION 3. Ballot date. Ballot wording. COMPARISON OF ORIGINAL TO SUBSTITUTE Section 1 of he original proposed constitutional amendment amended Sections 2, 4, 6, 7, and 28 of the Texas Constitution. Sections 2, 4, and 6 in Section 1 of the original provided that supreme court justices, court of criminal appeals judges and courts of appeals judges were subject to nonpartisan retention ballots. Sections 2, 4, and 6 of Article V in Section 1 of the substitute provide that supreme court justices, court of criminal appeals judges and courts of appeals judges were subject to nonpartisan ballots. Both versions provide that vacancies filled by the governor are appointed for a term expiring on January 1 of the odd-numbered which occurred more than 18 months after taking the oath of office. Section 7 of Article V, was amended in the original proposal to provide that district judges in the State's most populous counties would be elected from county commissioners precincts, that each judge serve an initial term of four years upon election regardless of the previous judge's term, that vacancies filled by the governor stand for election at the next general election, that the Legislature provide for retention elections for all district judges, the judges elected by commissioner precinct need not be residents of the district, that judges after election need not be residents of the district, and that Section 7a(i) does not affect the election of a district judge from a commissioners court precinct. Amendments to Section 7 of Article V do not appear in C.S.H.J.R. 69. Section 28, Article V, Texas Constitution, in Section 1 of both the original and the substitute is the same in both versions. Section 2 of the original joint resolution added Section 32 to Article V of the Texas Constitution to authorize the legislature to alter the terms of offices created by this article as necessary to implement a change in election dates, a restructuring of the judicial system or a staggering of terms. This does not appear in the substitute. Section 3 of the original is Section 2 in the substitute and was modified to shorten the caption description. Section 4 of the original is Section 3 in the substitute and was modified to shorten the ballot wording.