By Duncan S.J.R. No. 25
75R5514 GGS-F
A JOINT RESOLUTION
1-1 proposing a constitutional amendment providing for gubernatorial
1-2 appointments to fill vacancies in the offices of appellate justices
1-3 and judges, for a partisan election followed by retention elections
1-4 on a nonpartisan ballot for those justices and judges, and for the
1-5 appointment of district judges in accordance with certain
1-6 standards.
1-7 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Sections 2, 4, 6, and 28, Article V, Texas
1-9 Constitution, are amended to read as follows:
1-10 Sec. 2. (a) The Supreme Court shall consist of the Chief
1-11 Justice and eight Justices, any five of whom shall constitute a
1-12 quorum, and the concurrence of five shall be necessary to a
1-13 decision of a case; provided, that when the business of the court
1-14 may require, the court may sit in sections as designated by the
1-15 court to hear argument of causes and to consider applications for
1-16 writs of error or other preliminary matters.
1-17 (b) No person shall be eligible to serve in the office of
1-18 Chief Justice or Justice of the Supreme Court unless the person is
1-19 licensed to practice law in this state and is, at the time of
1-20 election or appointment, a citizen of the United States and of this
1-21 state, and has attained the age of thirty-five years, and has been
1-22 a practicing lawyer, or a lawyer and judge of a court of record
1-23 together at least ten years.
1-24 (c) Said Chief Justice and Justices shall be subject, in the
2-1 manner provided by law, to election on a partisan ballot followed
2-2 by retention or rejection on a nonpartisan ballot [elected (three
2-3 of them each two years)] by the qualified voters of the state at a
2-4 general election; and on election and on each successive retention
2-5 by the voters shall hold their offices six years, or until their
2-6 successors are [elected and] qualified. On appointment to a
2-7 vacancy as provided by Section 28, Article V, of this Constitution,
2-8 a Chief Justice or a Justice serves an initial term that ends
2-9 January 1 of the first odd-numbered year that begins more than 18
2-10 months after the Chief Justice or Justice takes the oath of office.
2-11 (d) The Chief Justice and Justices[; and] shall each receive
2-12 such compensation as shall be provided by law. [In case of a
2-13 vacancy in the office of the Chief Justice or any Justice of the
2-14 Supreme Court, the Governor shall fill the vacancy until the next
2-15 general election for state officers, and at such general election
2-16 the vacancy for the unexpired term shall be filled by election by
2-17 the qualified voters of the state. The Justices of the Supreme
2-18 Court who may be in office at the time this amendment takes effect
2-19 shall continue in office until the expiration of their term of
2-20 office under the present Constitution, and until their successors
2-21 are elected and qualified.]
2-22 Sec. 4. (a) The Court of Criminal Appeals shall consist of
2-23 eight Judges and one Presiding Judge.
2-24 (b) The Judges shall have the same qualifications and
2-25 receive the same salaries as the Associate Justices of the Supreme
2-26 Court, and the Presiding Judge shall have the same qualifications
2-27 and receive the same salary as the Chief Justice of the Supreme
3-1 Court.
3-2 (c) The Presiding Judge and the Judges shall be subject, in
3-3 the manner provided by law, to election on a partisan ballot
3-4 followed by retention or rejection on a nonpartisan ballot
3-5 [elected] by the qualified voters of the state at a general
3-6 election and on election and on each successive retention by the
3-7 voters shall hold their offices for a term of six years. On
3-8 appointment to a vacancy as provided by Section 28, Article V, of
3-9 this Constitution, a Presiding Judge or Judge serves an initial
3-10 term that ends January 1 of the first odd-numbered year that begins
3-11 more than 18 months after the Presiding Judge or Judge takes the
3-12 oath of office. [In case of a vacancy in the office of a Judge of
3-13 the Court of Criminal Appeals, the Governor shall, with the advice
3-14 and consent of the Senate, fill said vacancy by appointment until
3-15 the next succeeding general election.]
3-16 (d) For the purpose of hearing cases, the Court of Criminal
3-17 Appeals may sit in panels of three Judges, the designation thereof
3-18 to be under rules established by the court. In a panel of three
3-19 Judges, two Judges shall constitute a quorum and the concurrence of
3-20 two Judges shall be necessary for a decision. The Presiding Judge,
3-21 under rules established by the court, shall convene the court en
3-22 banc for the transaction of all other business and may convene the
3-23 court en banc for the purpose of hearing cases. The court must sit
3-24 en banc during proceedings involving capital punishment and other
3-25 cases as required by law. When convened en banc, five Judges shall
3-26 constitute a quorum and the concurrence of five Judges shall be
3-27 necessary for a decision. The Court of Criminal Appeals may
4-1 appoint Commissioners in aid of the Court of Criminal Appeals as
4-2 provided by law.
4-3 Sec. 6. (a) The state shall be divided into courts of
4-4 appeals districts, with each district having a Chief Justice, two
4-5 or more other Justices, and such other officials as may be provided
4-6 by law. The Justices shall have the qualifications prescribed for
4-7 Justices of the Supreme Court.
4-8 (b) The Court of Appeals may sit in sections as authorized
4-9 by law. The concurrence of a majority of the Justices [judges]
4-10 sitting in a section is necessary to decide a case. Said Court of
4-11 Appeals shall have appellate jurisdiction co-extensive with the
4-12 limits of their respective districts, which shall extend to all
4-13 cases of which the District Courts or County Courts have original
4-14 or appellate jurisdiction, under such restrictions and regulations
4-15 as may be prescribed by law. Provided, that the decision of said
4-16 courts shall be conclusive on all questions of fact brought before
4-17 them on appeal or error. Said courts shall have such other
4-18 jurisdiction, original and appellate, as may be prescribed by law.
4-19 (c) Each of said Courts of Appeals shall hold its sessions
4-20 at a place in its district to be designated by the Legislature, and
4-21 at such time as may be prescribed by law.
4-22 (d) Said Chief Justices and Justices shall be subject, in
4-23 the manner provided by law, to election on a partisan ballot
4-24 followed by retention or rejection on a nonpartisan ballot
4-25 [elected] by the qualified voters of their respective districts at
4-26 a general election, and on election and on each successive
4-27 retention by the voters serve for a term of six years. On
5-1 appointment to a vacancy as provided by Section 28, Article V, of
5-2 this Constitution, a Chief Justice or Justice serves an initial
5-3 term that ends January 1 of the first odd-numbered year that begins
5-4 more than 18 months after the Chief Justice or Justice takes the
5-5 oath of office.
5-6 (e) A Chief Justice or Justice [and] shall receive for the
5-7 Justice's [their] services the sum provided by law.
5-8 (f) Each Court of Appeals shall appoint a clerk in the same
5-9 manner as the clerk of the Supreme Court which clerk shall receive
5-10 such compensation as may be fixed by law.
5-11 (g) All constitutional and statutory references to the
5-12 Courts of Civil Appeals shall be construed to mean the Courts of
5-13 Appeals.
5-14 Sec. 28. (a) [Vacancies In Offices Of Judges Of Superior
5-15 Courts To Be Filled By The Governor.] Vacancies in the offices
5-16 [office] of Justices or Judges [judges] of the Supreme Court, the
5-17 Court of Criminal Appeals, and the Courts [Court] of [Civil]
5-18 Appeals [and the District Courts] shall be filled by the Governor.
5-19 (b) The Governor shall fill vacancies under this section so
5-20 that the persons serving in those offices fairly reflect the
5-21 geographic distribution and ethnic and racial composition of the
5-22 population of the district served by the court or the state, as
5-23 applicable, according to the most recent federal decennial census.
5-24 (c) An appointment by the Governor under this section is
5-25 subject to Senate confirmation in the manner provided by this
5-26 Constitution. The Senate, in confirming appointments under this
5-27 section, shall ensure that the persons serving in those offices
6-1 fairly reflect the geographic distribution and ethnic and racial
6-2 composition of the population of the district served by the court
6-3 or the state, as applicable, according to the most recent federal
6-4 decennial census.
6-5 (d) Vacancies in the office of Judge of a District Court
6-6 shall be filled by the Governor until the next succeeding General
6-7 Election.
6-8 (e) Vacancies[; and vacancies] in the office of County Judge
6-9 and Justices of the Peace shall be filled by the Commissioners
6-10 Court until the next succeeding General Election.
6-11 SECTION 2. The following temporary provision is added to the
6-12 Texas Constitution:
6-13 TEMPORARY PROVISION. (a) This temporary provision applies
6-14 to the constitutional amendment proposed by the 75th Legislature,
6-15 Regular Session, 1997, relating to the filling by gubernatorial
6-16 appointment of vacancies in the offices of appellate justices and
6-17 judges, to the election and retention or rejection of those
6-18 justices and judges, and to the appointment of district judges in
6-19 accordance with certain standards.
6-20 (b) The constitutional amendment takes effect January 1,
6-21 1998.
6-22 (c) This temporary provision expires January 1, 2006.
6-23 SECTION 3. This proposed constitutional amendment shall be
6-24 submitted to the voters at an election to be held November 4, 1997.
6-25 The ballot shall be printed to permit voting for or against the
6-26 proposition: "The constitutional amendment providing for the
6-27 governor to fill vacancies in the offices of appellate justices and
7-1 judges, providing for a partisan election followed by retention
7-2 elections on a nonpartisan ballot for those justices and judges,
7-3 and providing for the appointment of district judges in accordance
7-4 with certain standards."