SRC-SLL, AAA S.J.R. 25 75(R)   BILL ANALYSIS


Senate Research Center   S.J.R. 25
By: Duncan
Jurisprudence
3-5-97
As Filed


DIGEST 

Currently, Texas appellate judges are elected in partisan elections every
six years.  As a practical matter, judges are forced to spend a
significant amount of time and energy running for office as opposed to
concentrating on their judicial responsibilities.  Moreover, in order to
finance these expensive campaigns, judges often must raise money from the
lawyers who practice in their courts, creating a perception of improper
influence.  Additionally, judges are as susceptible to partisan sweeps as
any other candidate; qualifications, integrity, and ability often have
very little to do with whether a judge remains in office.  This resolution
will require the submission to the voters of a constitutional amendment
regarding gubernatorial appointments to fill vacancies in certain judicial
offices and for  retention elections for certain judicial offices. 

PURPOSE

As proposed, S.J.R. 25 requires the submission to the voters of a
constitutional amendment regarding gubernatorial appointments to fill
vacancies in certain judicial offices and for elections for certain
judicial offices. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article V(2), (4), (6), and (28), Texas Constitution, as
follows: 

Sec. 2. (a) Created from existing text.

(b)  Requires a justice of the supreme court to be licensed to practice
law at the time of election or appointment. 

(c)  Requires the chief justice and justices to be subject to election on
a partisan ballot followed by retention or rejection on a nonpartisan
ballot by qualified voters of the state in a general election; and on
election;  and on each successive retention by the voters to hold their
offices six years or until their successors are qualified.  Sets forth the
initial terms of a chief justice or a justice.  Requires the chief justice
and justices to receive compensation as provided by law.  Deletes
requirements for filling vacancies of the supreme court. 
 
Sec. 4. (a) and (b) Created from existing text.  

(c) Requires the presiding judge and judges to be subject to election on a
partisan ballot followed by retention or rejection on a nonpartisan ballot
at a general election and on election and on each successive retention by
the voters to hold their offices for six years. Provides that on
appointment to a vacancy, a presiding judge or judge serves an initial
term that ends January 1 of the first odd-numbered year that begins more
than 18 months after the presiding judge or judge takes the oath of
office.  Deletes a provision concerning vacancies in the Court of Criminal
Appeals. Makes a conforming change.  

 (d) Created from existing text.

Sec. 6. (a)  Created from existing text.
 
(b)  Makes a nonsubstantive change. 

(c)  Created from existing text.

(d)  Requires a chief justice or justice to be subject to election on a
partisan ballot followed by retention or rejection on a nonpartisan
ballot. Provides that on appointment to a vacancy, a chief justice or
justice serves an initial term that ends January 1 of the first
odd-numbered year that begins more than 18 months after the chief justice
or justice takes the oath of office.  Makes a conforming change. 
 
(e) Requires a chief justice or justice to receive a sum provided by law
for the justice's services. Makes a conforming change.  

(f) and (g) Created from existing text.

Sec. 28. (a) Deletes a provision requiring the governor to fill vacancies
in the district courts. Makes conforming and nonsubstantive changes. 

(b) Sets forth the requirements under which the governor shall fill
appointments in certain courts. 

(c) Sets forth procedures for Senate confirmation of appointments by the
governor.      

(d) Requires vacancies in the office of judge of district court to be
filled by the governor until the next succeeding general election. 

(e) Makes a nonsubstantive change.

SECTION 2. Adds a temporary provision, as follows:

TEMPORARY PROVISION.  (a) Provides that this temporary provision applies
to the constitutional amendment proposed by the 75th Legislature, Regular
Session, 1997, relating to the appointment of certain judges. 

(b)  Effective date: January 1, 1998.

(c)  Provides that this temporary provision takes effect January 1, 2006.  

SECTION 3. Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 4, 1997.  Sets forth the
required language for the ballot.