PDH S.J.R. 9 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.J.R. 9
By: Ellis 
Judicial Affairs
4-22-1999
Engrossed


BACKGROUND AND PURPOSE

Currently, Texas is one of the few states in which judges are elected, not
appointed.  Texas has come under criticism for this system which forces
judges to wage expensive political battles.  This bill would reduce the
partisan election of judges by requiring certain judicial offices to be
filled by gubernatorial appointment, and allowing voters to decide upon the
retention of those judges at the completion of their appointment term. 

As proposed, S.J.R. 9 requires the submission to the voters of a
constitutional amendment to make the offices of Chief Justice of the
Supreme Court, Court of Criminal Appeals Judge, and Court of Appeals
Justice, available only through a gubernatorial appointment of six years,
succeeded by a retention term.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate 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, Article V, Texas Constitution,
as follows: 

Sec. 2.  Prohibits a person from serving on the Supreme Court unless person
meets the qualifications of office at the time of election or appointment
to that position.  Requires a chief justice and justices, after the
appointed term, to serve a six-year term for each appointment or retention.
Provides that a chief justice, on appointment to a vacancy, serves an
initial term of a specified time after taking the oath of office.  Deletes
text requiring the governor to fill a Supreme Court vacancy by appointment
which would last only until the next general election.  Assigns subsection
designations to this section and makes a nonsubstantive change. 

Sec. 4.  Requires the judges of the Court of Criminal Appeals (CCA) to have
the same qualifications and receive the same salaries as justices of the
Supreme Court, rather than associate justices of the Supreme Court.
Requires CCA judges, after the appointed term, to serve a six-year term for
each appointment or retention.  Provides that a CCA judge on appointment to
a vacancy, serves an initial term of a specified time after taking the oath
of office.  Deletes text requiring the governor to appoint a judge for the
purpose of filling a vacancy.  Assigns subsection designations to this
section. 

Sec. 6.  Requires the concurrence of a majority of the justices, rather
than the judges, sitting in a Court of Appeals (CA) section to decide a
case.  Requires CA justices, after the appointed term, to be subject to a
retention election and to serve a six-year term for each retention.
Provides that a CA judge on appointment to a vacancy, serves an initial
term of a specified time after taking the oath of office.  Requires a
justice to receive the sum provided by law for the justice's services.
Assigns subsection designations to this section. 

Sec. 28.  Requires vacancies in the offices of justices or judges of the
Supreme Court and the Courts of Appeals, among others, to be filled by the
governor.  Requires district court judge vacancies to be filled until the
next succeeding general election.  Deletes this section's  heading.
Assigns subsection designations to this section. Makes nonsubstantive
changes.  

SECTION 2.  Adds a temporary provision to the Texas Constitution, as
follows: 

TEMPORARY PROVISION.  (a)  Provides that this provision applies to the
constitutional amendment proposed by the 76th Legislature, Regular Session,
1999, providing for gubernatorial appointment to fill appellate justice and
judge vacancies, and retention elections for appellate justices and judges. 

 (b)  Effective date for this constitutional amendment:  January 1, 2000.

 (c)  Effective date for this temporary provision:  January 1, 2008.

SECTION 3.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held on November 2, 1999.  Sets forth
the required language for the ballot.