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