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


Senate Research CenterC.S.S.J.R. 9
76R5509  GGS-DBy: Ellis
Jurisprudence
2/16/1999
Committee Report (Substituted)


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, C.S.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

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 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 Court of Criminal Appeals (CCA) 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 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.  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 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. 


SUMMARY OF COMMITTEE CHANGES

Relating Clause.

Deletes text relating to gubernatorial appointment to fill district judge
vacancies.  

SECTION 1.

Amends Section 2(c), Article V, Texas Constitution, to subject chief
justices to retention or rejection following the appointed term, rather
than following appointment.  Deletes text subjecting chief justices to
retention or rejection on each appointment.  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 providing that a retained
chief justice is eligible for reappointment after completion of a retention
term. 

Amends Section 4(c), Article V, Texas Constitution, to subject judges of
the Court of Criminal Appeals (CCA) to retention or rejection following the
appointed term, rather than following appointment.  Deletes text subjecting
CCA judges to retention or rejection on each appointment.  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 providing
that a CCA judge can serve another appointed term at the end of a retention
term. 

 Amends Section 6(d), Article V, Texas Constitution, to make conforming
changes. 

SECTION 2.  

Amends the temporary provision by deleting text related to gubernatorial
appointment to fill district judge vacancies.   

SECTION 3.

Deletes a provision included in the text of the ballot for the governor to
fill district judge vacancies.