SRC-AXB S.J.R. 9 76(R)   BILL ANALYSIS


Senate Research Center   S.J.R. 9
By: Duncan
Jurisprudence
2/10/1999
As Filed


DIGEST 

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. 

PURPOSE

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.
S.J.R. 9 provides that at the completion of the first appointment term, a
judge can serve another six year term after succeeding in a nonpartisan
retention election held during a general election.  S.J.R. 9 also provides
that a judge is eligible for another six-year reappointment term at the
completion of a retention term.  

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 Sections 2, 4, 6, and 28, Article V, Texas Constitution,
as follows: 

Sec. 2.  Prohibits a person from serving on the Supreme Court, unless
elected or appointed to that position.  Requires a chief justice, after an
appointment term, to be subject to a retention election and to serve a
six-year term for each appointment or retention.  Provides that a retained
chief justice is eligible for reappointment after completion of a retention
term. 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 Court of Criminal Appeals judges 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
judges, after an appointment term, to be subject to a retention election
and to serve a six-year term for each appointment or retention.  Provides
that a judge can serve another appointment term at the completion of a
retention term.  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 section to decide a case.
Requires justices, after an appointment term, to be subject to a retention
election and to serve a six-year term for each appointment or retention.
Provides that a justice can serve another appointment term at the
completion of a retention term.  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.  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 providing for gubernatorial appointment to fill
appellate justice and judge vacancies and the office of district judge, 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, 2001.

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.