1-1 By: Ellis S.J.R. No. 23
1-2 (In the Senate - Filed January 31, 1997; February 5, 1997,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 April 9, 1997, reported favorably by the following vote: Yeas 4,
1-5 Nays 3; April 9, 1997, sent to printer.)
1-6 SENATE JOINT RESOLUTION
1-7 proposing a constitutional amendment providing for the appointment
1-8 of appellate justices and judges by the governor with retention
1-9 elections on a nonpartisan ballot for those justices and judges,
1-10 for the nonpartisan election and retention or rejection of district
1-11 judges, for the election of certain district judges from
1-12 commissioners court precincts, and for the alteration of the terms
1-13 of certain judicial offices.
1-14 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Sections 2, 4, 6, 7, and 28, Article V, Texas
1-16 Constitution, are amended to read as follows:
1-17 Sec. 2. (a) The Supreme Court shall consist of the Chief
1-18 Justice and eight Justices, any five of whom shall constitute a
1-19 quorum, and the concurrence of five shall be necessary to a
1-20 decision of a case; provided, that when the business of the court
1-21 may require, the court may sit in sections as designated by the
1-22 court to hear argument of causes and to consider applications for
1-23 writs of error or other preliminary matters.
1-24 (b) No person shall be eligible to serve in the office of
1-25 Chief Justice or Justice of the Supreme Court unless the person is
1-26 licensed to practice law in this state and is, at the time of
1-27 election, a citizen of the United States and of this state, and has
1-28 attained the age of thirty-five years, and has been a practicing
1-29 lawyer, or a lawyer and judge of a court of record together at
1-30 least ten years.
1-31 (c) Said Chief Justice and Justices shall be subject, in the
1-32 manner provided by law, to retention or rejection on a nonpartisan
1-33 ballot [elected (three of them each two years)] by the qualified
1-34 voters of the state at a general election; and on retention by the
1-35 voters shall hold their offices six years, or until their
1-36 successors are [elected and] qualified. On appointment to a
1-37 vacancy as provided by Section 28 of this article, a Chief Justice
1-38 or a Justice serves an initial term that ends January 1 of the
1-39 first odd-numbered year that begins more than 18 months after the
1-40 Chief Justice or Justice takes the oath of office.
1-41 (d) The Chief Justice and Justices[; and] shall each receive
1-42 such compensation as shall be provided by law. [In case of a
1-43 vacancy in the office of the Chief Justice or any Justice of the
1-44 Supreme Court, the Governor shall fill the vacancy until the next
1-45 general election for state officers, and at such general election
1-46 the vacancy for the unexpired term shall be filled by election by
1-47 the qualified voters of the state. The Justices of the Supreme
1-48 Court who may be in office at the time this amendment takes effect
1-49 shall continue in office until the expiration of their term of
1-50 office under the present Constitution, and until their successors
1-51 are elected and qualified.]
1-52 Sec. 4. (a) The Court of Criminal Appeals shall consist of
1-53 eight Judges and one Presiding Judge.
1-54 (b) The Judges shall have the same qualifications and
1-55 receive the same salaries as the Associate Justices of the Supreme
1-56 Court, and the Presiding Judge shall have the same qualifications
1-57 and receive the same salary as the Chief Justice of the Supreme
1-58 Court.
1-59 (c) The Presiding Judge and the Judges shall be subject, in
1-60 the manner provided by law, to retention or rejection on a
1-61 nonpartisan ballot [elected] by the qualified voters of the state
1-62 at a general election and on retention by the voters shall hold
1-63 their offices for a term of six years. On appointment to a vacancy
1-64 as provided by Section 28 of this article, a Presiding Judge or
2-1 Judge serves an initial term that ends January 1 of the first
2-2 odd-numbered year that begins more than 18 months after the
2-3 Presiding Judge or Judge takes the oath of office. [In case of a
2-4 vacancy in the office of a Judge of the Court of Criminal Appeals,
2-5 the Governor shall, with the advice and consent of the Senate, fill
2-6 said vacancy by appointment until the next succeeding general
2-7 election.]
2-8 (d) For the purpose of hearing cases, the Court of Criminal
2-9 Appeals may sit in panels of three Judges, the designation thereof
2-10 to be under rules established by the court. In a panel of three
2-11 Judges, two Judges shall constitute a quorum and the concurrence of
2-12 two Judges shall be necessary for a decision. The Presiding Judge,
2-13 under rules established by the court, shall convene the court en
2-14 banc for the transaction of all other business and may convene the
2-15 court en banc for the purpose of hearing cases. The court must sit
2-16 en banc during proceedings involving capital punishment and other
2-17 cases as required by law. When convened en banc, five Judges shall
2-18 constitute a quorum and the concurrence of five Judges shall be
2-19 necessary for a decision. The Court of Criminal Appeals may
2-20 appoint Commissioners in aid of the Court of Criminal Appeals as
2-21 provided by law.
2-22 Sec. 6. (a) The state shall be divided into courts of
2-23 appeals districts, with each district having a Chief Justice, two
2-24 or more other Justices, and such other officials as may be provided
2-25 by law. The Justices shall have the qualifications prescribed for
2-26 Justices of the Supreme Court.
2-27 (b) The Court of Appeals may sit in sections as authorized
2-28 by law. The concurrence of a majority of the Justices [judges]
2-29 sitting in a section is necessary to decide a case. Said Court of
2-30 Appeals shall have appellate jurisdiction co-extensive with the
2-31 limits of their respective districts, which shall extend to all
2-32 cases of which the District Courts or County Courts have original
2-33 or appellate jurisdiction, under such restrictions and regulations
2-34 as may be prescribed by law. Provided, that the decision of said
2-35 courts shall be conclusive on all questions of fact brought before
2-36 them on appeal or error. Said courts shall have such other
2-37 jurisdiction, original and appellate, as may be prescribed by law.
2-38 (c) Each of said Courts of Appeals shall hold its sessions
2-39 at a place in its district to be designated by the Legislature, and
2-40 at such time as may be prescribed by law.
2-41 (d) Said Chief Justices and Justices shall be subject, in
2-42 the manner provided by law, to retention or rejection on a
2-43 nonpartisan ballot [elected] by the qualified voters of their
2-44 respective districts at a general election, and on retention by the
2-45 voters serve for a term of six years. On appointment to a vacancy
2-46 as provided by Section 28 of this article, a Chief Justice or
2-47 Justice serves an initial term that ends January 1 of the first
2-48 odd-numbered year that begins more than 18 months after the Chief
2-49 Justice or Justice takes the oath of office.
2-50 (e) A Chief Justice or Justice [and] shall receive for the
2-51 Justice's [their] services the sum provided by law.
2-52 (f) Each Court of Appeals shall appoint a clerk in the same
2-53 manner as the clerk of the Supreme Court which clerk shall receive
2-54 such compensation as may be fixed by law.
2-55 (g) All constitutional and statutory references to the
2-56 Courts of Civil Appeals shall be construed to mean the Courts of
2-57 Appeals.
2-58 Sec. 7. (a) The State shall be divided into judicial
2-59 districts, with each district having one or more Judges as may be
2-60 provided by law or by this Constitution.
2-61 (b) The Legislature shall provide for the election and
2-62 retention or rejection, on a nonpartisan ballot, of Judges of the
2-63 judicial districts of this State. The Legislature shall provide
2-64 for the retention or rejection by the qualified voters of the
2-65 entire judicial district.
2-66 (c) For the State's most populous counties, as determined by
2-67 law, the Judges of judicial districts composed entirely of one of
2-68 those counties shall be elected from commissioners court precincts
2-69 in the county as provided by law. All other district judges shall
3-1 be elected from within the boundaries of the judicial district. A
3-2 district judge elected from a commissioners court precinct serves
3-3 the entire judicial district. A district judge must reside in the
3-4 judicial district, and a district judge elected from a
3-5 commissioners court precinct may, but need not, reside in the
3-6 commissioners court precinct.
3-7 (d) Each district judge shall be elected by the qualified
3-8 voters at a General Election for a term of four (4) years beginning
3-9 on a date provided by general law. A district judge elected
3-10 following the occurrence of a vacancy serves a full term of four
3-11 (4) years without regard to the term of the district judge vacating
3-12 the office, and Section 27, Article XVI, of this Constitution does
3-13 not apply in that event.
3-14 (e) A district judge must [and shall] be a citizen of the
3-15 United States and of this State, who is licensed to practice law in
3-16 this State and has been a practicing lawyer or a Judge of a Court
3-17 in this State, or both combined, for four (4) years next preceding
3-18 his election, who has resided in the judicial district in which he
3-19 was elected for two (2) years next preceding his election, [and who
3-20 shall reside in his district during his term of office and hold his
3-21 office for the period of four (4) years,] and who shall receive for
3-22 his services an annual salary to be fixed by the Legislature.
3-23 (f) 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. He shall hold the regular terms of his
3-26 Court at the County Seat of each County in his district in such
3-27 manner as may be prescribed by law. The Legislature shall have
3-28 power by General or Special Laws to make such provisions concerning
3-29 the terms or sessions of each Court as it may deem necessary.
3-30 (g) The Legislature shall also provide for the holding of
3-31 District Court when the Judge thereof is absent, or is from any
3-32 cause disabled or disqualified from presiding.
3-33 (h) Section 7a(i) of this article does not affect the
3-34 election of a district judge from a commissioners court precinct
3-35 under Subsection (c) of this section.
3-36 Sec. 28. (a) [Vacancies In Offices Of Judges Of Superior
3-37 Courts To Be Filled By The Governor.] Vacancies in the office of
3-38 judges of the Supreme Court, the Court of Criminal Appeals, and the
3-39 Courts [Court] of [Civil] Appeals [and the District Courts] shall
3-40 be filled by the Governor.
3-41 (b) The Governor shall fill vacancies under this section so
3-42 that the persons serving in those offices fairly reflect the
3-43 geographic distribution and ethnic and racial composition of the
3-44 population of the district served by the court or the state, as
3-45 applicable, according to the most recent federal decennial census.
3-46 (c) An appointment by the Governor under this section is
3-47 subject to Senate confirmation in the manner provided by this
3-48 Constitution. The Senate, in confirming appointments under this
3-49 section, shall ensure that the persons serving in those offices
3-50 fairly reflect the geographic distribution and ethnic and racial
3-51 composition of the population of the district served by the court
3-52 or the state, as applicable, according to the most recent federal
3-53 decennial census.
3-54 (d) A vacancy in the office of judge of a District Court
3-55 shall be filled by the Governor until the beginning of the term of
3-56 the judge elected to that court at the next succeeding General
3-57 Election.
3-58 (e) Vacancies[; and vacancies] in the office of County Judge
3-59 and Justices of the Peace shall be filled by the Commissioners
3-60 Court until the next succeeding General Election.
3-61 SECTION 2. Article V, Texas Constitution, is amended by
3-62 adding Section 32 to read as follows:
3-63 Sec. 32. The legislature may alter the terms of offices
3-64 created by this article as necessary to implement a change in
3-65 election date for those offices, a restructuring of any part of the
3-66 judicial system, or a staggering of the terms of those offices.
3-67 SECTION 3. The following temporary provision is added to the
3-68 Texas Constitution:
3-69 TEMPORARY PROVISION. (a) This temporary provision applies
4-1 to the constitutional amendment proposed by the 75th Legislature,
4-2 Regular Session, 1997, relating to the appointment of appellate
4-3 justices and judges by the governor and retention or rejection of
4-4 those justices and judges, to the election and retention or
4-5 rejection of district judges, to the election of district judges in
4-6 certain counties, and to the alteration of the terms of certain
4-7 judicial offices.
4-8 (b) The constitutional amendment takes effect January 1,
4-9 1998.
4-10 (c) This temporary provision expires January 1, 2006.
4-11 SECTION 4. This proposed constitutional amendment shall be
4-12 submitted to the voters at an election to be held November 4, 1997.
4-13 The ballot shall be printed to permit voting for or against the
4-14 proposition: "The constitutional amendment providing for the
4-15 governor to fill vacancies in the offices of appellate justices and
4-16 judges, providing for retention elections on a nonpartisan ballot
4-17 for those justices and judges, providing for the nonpartisan
4-18 election and retention or rejection of district judges, and
4-19 providing for the election of district judges from commissioners
4-20 court precincts in the state's most populous counties."
4-21 * * * * *