By Solomons H.J.R. No. 96
76R12239 GGS-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment abolishing the court of
1-2 criminal appeals and establishing one supreme court with civil and
1-3 criminal jurisdiction and revising the manner in which appellate
1-4 justices and district judges are selected, using a combination of
1-5 appointment, partisan elections, and nonpartisan retention
1-6 elections.
1-7 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Sections 1, 2, 3, 6, 7, and 28, Article V, Texas
1-9 Constitution, are amended to read as follows:
1-10 Sec. 1. (a) The judicial power of this State shall be
1-11 vested in one Supreme Court, [in one Court of Criminal Appeals,] in
1-12 Courts of Appeals, in District Courts, in County Courts, in
1-13 Commissioners Courts, in Courts of Justices of the Peace, and in
1-14 such other courts as may be provided by law.
1-15 (b) The Legislature may establish such other courts as it
1-16 may deem necessary and prescribe the jurisdiction and organization
1-17 thereof, and may conform the jurisdiction of the district and other
1-18 inferior courts thereto.
1-19 (c) A reference in this constitution or other law to the
1-20 Court of Criminal Appeals means the Supreme Court and a reference
1-21 to a judge of the Court of Criminal Appeals means a justice of the
1-22 Supreme Court.
1-23 Sec. 2. (a) The Supreme Court shall consist of the Chief
1-24 Justice and 14 [eight] Justices, any eight [five] of whom shall
2-1 constitute a quorum, and the concurrence of eight [five] shall be
2-2 necessary to a decision of a case; provided, that when the business
2-3 of the court may require, the court may sit in panels of at least
2-4 five Justices [sections] as designated by the court to hear
2-5 argument of causes and to consider applications for writs of error
2-6 or other preliminary matters. The court shall sit en banc during
2-7 proceedings involving capital punishment, rehearings of cases on
2-8 granted motions, and other cases as required by law.
2-9 (b) No person shall be eligible to serve in the office of
2-10 Chief Justice or Justice of the Supreme Court unless the person is
2-11 licensed to practice law in this state and is, at the time of
2-12 election or appointment, a citizen of the United States and a
2-13 resident of this state and, as applicable, of the particular
2-14 supreme court district, and has attained the age of thirty-five
2-15 years, and has been a practicing lawyer, or a lawyer and judge of a
2-16 court of record together at least ten years.
2-17 (c) Of the 14 Justices, seven positions are appointive and
2-18 seven are elective, as provided by this section. The Legislature
2-19 shall divide the state into seven contiguous supreme court
2-20 districts (West, South, South Central, Central, North Central,
2-21 East, and Coastal) that meet the population requirements of federal
2-22 law, with each district having one elected and one appointed
2-23 Justice. For the appointive position, the Governor shall appoint
2-24 one Justice from the district, who holds office for a term of six
2-25 years or until a successor has qualified. The other seven [Said]
2-26 Justices shall be subject, in the manner provided by law, to an
2-27 initial election on a partisan ballot, followed by retention or
3-1 rejection on a nonpartisan ballot, [elected (three of them each two
3-2 years)] by the qualified voters of their respective districts [the
3-3 state] at a general election; and on election and on each
3-4 successive retention by the voters shall hold their offices six
3-5 years, or until their successors are [elected and] qualified.
3-6 (d) The Governor shall appoint the Chief Justice, who holds
3-7 office for a term of six years or until a successor has qualified.
3-8 If a new Chief Justice is appointed, the appointee may not be a
3-9 resident of the same district in which the preceding Chief Justice
3-10 resided. On a vacancy in the office of Chief Justice, the senior
3-11 Justice also serves as the Chief Justice until a successor has
3-12 qualified.
3-13 (e) A Chief Justice or Justice may not serve on the court
3-14 for more than 20 years, comprising an aggregate of appointed and
3-15 elected tenure and regardless of the capacity served.
3-16 (f) The Chief Justice and Justices[; and] shall each receive
3-17 such compensation as shall be provided by law. [In case of a
3-18 vacancy in the office of the Chief Justice or any Justice of the
3-19 Supreme Court, the Governor shall fill the vacancy until the next
3-20 general election for state officers, and at such general election
3-21 the vacancy for the unexpired term shall be filled by election by
3-22 the qualified voters of the state. The Justices of the Supreme
3-23 Court who may be in office at the time this amendment takes effect
3-24 shall continue in office until the expiration of their term of
3-25 office under the present Constitution, and until their successors
3-26 are elected and qualified.]
3-27 Sec. 3. (a) The Supreme Court shall exercise the judicial
4-1 power of the state except as otherwise provided in this
4-2 Constitution. Its jurisdiction shall be coextensive with the
4-3 limits of the State and its determinations shall be final [except
4-4 in criminal law matters]. Its appellate jurisdiction shall be
4-5 final and shall extend to all cases [except in criminal law
4-6 matters] and as otherwise provided in this Constitution or by law.
4-7 The Supreme Court and the Justices thereof shall have power to
4-8 issue writs of habeas corpus, as may be prescribed by law, and
4-9 under such regulations as may be prescribed by law, the said courts
4-10 and the Justices thereof may issue the writs of mandamus,
4-11 procedendo, prohibition, certiorari and such other writs, as may be
4-12 necessary to enforce its jurisdiction. The Legislature may confer
4-13 original jurisdiction on the Supreme Court to issue writs of quo
4-14 warranto and mandamus in such cases as may be specified, except as
4-15 against the Governor of the State.
4-16 (b) The appeal of all cases in which the death penalty has
4-17 been assessed shall be to the Supreme Court. The appeal of all
4-18 other criminal cases shall be to the Courts of Appeals as
4-19 prescribed by law. In addition, the Supreme Court may, on its own
4-20 motion, review a decision of a Court of Appeals in a criminal case
4-21 as provided by law. Discretionary review by the Supreme Court is
4-22 not a matter of right, but of sound judicial discretion.
4-23 (c) The Supreme Court shall also have power, upon affidavit
4-24 or otherwise as by the court may be determined, to ascertain such
4-25 matters of fact as may be necessary to the proper exercise of its
4-26 jurisdiction.
4-27 (d) The Supreme Court shall appoint a clerk, who shall give
5-1 bond in such manner as is now or may hereafter, be required by law,
5-2 and he may hold his office for four years and shall be subject to
5-3 removal by said court for good cause entered of record on the
5-4 minutes of said court who shall receive such compensation as the
5-5 Legislature may provide.
5-6 Sec. 6. (a) The state shall be divided into courts of
5-7 appeals districts, taking into consideration the supreme court
5-8 districts, with each district having a Chief Justice, two or more
5-9 other Justices, and such other officials as may be provided by law.
5-10 The Justices shall have the qualifications prescribed for Justices
5-11 of the Supreme Court.
5-12 (b) The Court of Appeals may sit in sections as authorized
5-13 by law. The concurrence of a majority of the Justices [judges]
5-14 sitting in a section is necessary to decide a case. Said Court of
5-15 Appeals shall have appellate jurisdiction co-extensive with the
5-16 limits of their respective districts, which shall extend to all
5-17 cases of which the District Courts or County Courts have original
5-18 or appellate jurisdiction, under such restrictions and regulations
5-19 as may be prescribed by law. Provided, that the decision of said
5-20 courts shall be conclusive on all questions of fact brought before
5-21 them on appeal or error. Said courts shall have such other
5-22 jurisdiction, original and appellate, as may be prescribed by law.
5-23 (c) Each of said Courts of Appeals shall hold its sessions
5-24 at a place in its district to be designated by the Legislature, and
5-25 at such time as may be prescribed by law.
5-26 (d) Said Chief Justices and Justices shall be subject, in
5-27 the manner provided by law, to an initial election on a partisan
6-1 ballot, followed by retention or rejection on a nonpartisan ballot,
6-2 [elected] by the qualified voters of their respective districts at
6-3 a general election, and on election and on each successive
6-4 retention by the voters serve for a term of six years or until
6-5 their successors have qualified.
6-6 (e) A Chief Justice or Justice may not serve on the court
6-7 for more than 20 years, comprising an aggregate of appointed and
6-8 elected tenure and regardless of the capacity served.
6-9 (f) A Chief Justice or Justice [and] shall receive for the
6-10 Justice's [their] services the sum provided by law.
6-11 (g) Each Court of Appeals shall appoint a clerk in the same
6-12 manner as the clerk of the Supreme Court which clerk shall receive
6-13 such compensation as may be fixed by law.
6-14 (h) All constitutional and statutory references to the
6-15 Courts of Civil Appeals shall be construed to mean the Courts of
6-16 Appeals.
6-17 Sec. 7. (a) The State shall be divided into judicial
6-18 districts, with each district having one or more Judges as may be
6-19 provided by law or by this Constitution.
6-20 (b) Each district judge shall be subject, in the manner
6-21 provided by law, to an initial election on a partisan ballot,
6-22 followed by retention or rejection on a nonpartisan ballot,
6-23 [elected] by the qualified voters at a General Election, and on
6-24 election and on each successive retention by the voters serve for a
6-25 term of four years or until a successor has qualified.
6-26 (c) For the State's most populous counties, as determined by
6-27 law, the judges of judicial districts composed entirely of one of
7-1 those counties shall be elected from quadrants of the county as
7-2 provided by law. The Legislature shall draw the quadrants, which
7-3 must meet the population requirements of federal law and to the
7-4 extent practicable must radiate from the county courthouse.
7-5 District judges for all other judicial districts shall be elected
7-6 from within the boundaries of the judicial district. A district
7-7 judge elected from a quadrant serves the entire judicial district.
7-8 The Supreme Court shall adopt rules to minimize conflicts of
7-9 interest in the hearing of cases by a district judge elected from a
7-10 quadrant, and only on exception may a district judge hear a case
7-11 that arises in the judge's quadrant.
7-12 (d) A district judge must reside in the judicial district,
7-13 and a district judge elected from a quadrant must reside in the
7-14 quadrant. A person must have resided in the quadrant for the six
7-15 months preceding election from that quadrant, and a person
7-16 appointed to a vacancy must establish residence in the quadrant
7-17 within three months after the date of qualifying for the office.
7-18 (e) A district judge may not serve on the court for more
7-19 than 20 years, comprising an aggregate of appointed and elected
7-20 tenure.
7-21 (f) A district judge must [and shall] be a citizen of the
7-22 United States and of this State, who is licensed to practice law in
7-23 this State and has been a practicing lawyer or a Judge of a Court
7-24 in this State, or both combined, for four [(4)] years next
7-25 preceding his election, who has resided in the judicial district in
7-26 which he was elected for two [(2)] years next preceding his
7-27 election, [and who shall reside in his district during his term of
8-1 office and hold his office for the period of four (4) years,] and
8-2 who shall receive for his services an annual salary to be fixed by
8-3 the Legislature.
8-4 (g) The Court shall conduct its proceedings at the county
8-5 seat of the county in which the case is pending, except as
8-6 otherwise provided by law. He shall hold the regular terms of his
8-7 Court at the County Seat of each County in his district in such
8-8 manner as may be prescribed by law. The Legislature shall have
8-9 power by General or Special Laws to make such provisions concerning
8-10 the terms or sessions of each Court as it may deem necessary.
8-11 (h) The Legislature shall also provide for the holding of
8-12 District Court when the Judge thereof is absent, or is from any
8-13 cause disabled or disqualified from presiding.
8-14 (i) Section 7a(i) of this article does not affect the
8-15 election of a district judge from a quadrant under Subsection (c)
8-16 of this section.
8-17 Sec. 28. (a) Except as provided by Subsection (b),
8-18 vacancies [Vacancies In Offices Of Judges Of Superior Courts To Be
8-19 Filled By The Governor. Vacancies] in the offices [office] of
8-20 Justices or Judges [judges] of the Supreme Court, [the Court of
8-21 Criminal Appeals,] the Courts [Court] of [Civil] Appeals, and the
8-22 District Courts shall be filled by the Governor until the next
8-23 succeeding General Election; and vacancies in the office of County
8-24 Judge and Justices of the Peace shall be filled by the
8-25 Commissioners Court until the next succeeding General Election.
8-26 (b) Vacancies in the offices of Chief Justice of the Supreme
8-27 Court and Justices of the Supreme Court holding appointive
9-1 positions shall be filled by the Governor for the unexpired term.
9-2 SECTION 2. Sections 4 and 5, Article V, Texas Constitution,
9-3 are repealed.
9-4 SECTION 3. Article V, Texas Constitution, is amended by
9-5 adding Section 32 to read as follows:
9-6 Sec. 32. (a) This section applies to the constitutional
9-7 amendment proposed by the 76th Legislature, Regular Session, 1999,
9-8 abolishing the court of criminal appeals and establishing one
9-9 supreme court with civil and criminal jurisdiction and revising the
9-10 manner in which appellate justices and district judges are
9-11 selected, using a combination of appointment, partisan elections,
9-12 and nonpartisan retention elections. The constitutional amendment
9-13 takes effect January 1, 2000.
9-14 (b) Each appellate or district justice or judge in office
9-15 January 1, 2000, unless otherwise removed as provided by law,
9-16 continues in office subject to this section.
9-17 (c) Each appellate or district justice or judge who has
9-18 stood for election and is in office January 1, 2000, is subject to
9-19 retention or rejection, in the manner provided by law, at the
9-20 general election preceding the expiration of the term for which
9-21 each was elected.
9-22 (d) Each appellate or district justice or judge who was
9-23 appointed before January 1, 2000, has not stood for election, and
9-24 is in office January 1, 2000, must, before becoming subject to
9-25 retention or rejection, stand for election in accordance with the
9-26 law as it existed immediately before January 1, 2000, and that law
9-27 is continued in effect for that purpose.
10-1 (e) Except as provided by Subsection (j) of this section,
10-2 the secretary of state by rule shall prescribe any procedures
10-3 necessary to implement the judicial selection system in accordance
10-4 with the applicable provisions of this constitution and the
10-5 Election Code.
10-6 (f) Each justice of the supreme court and judge of the court
10-7 of criminal appeals serving on January 1, 2000, continues in office
10-8 as a justice of the supreme court. The person serving as chief
10-9 justice of the supreme court continues in office as chief justice.
10-10 A vacancy in a position on the supreme court held by a former
10-11 supreme court or court of criminal appeals justice or judge under
10-12 this subsection shall be filled in accordance with Sections 2 and
10-13 28 of this article only when the justice or judge resigns or
10-14 otherwise leaves office or when the justice's or judge's term ends
10-15 and the justice or judge was not elected or does not run for
10-16 retention or is not retained after running in a retention election,
10-17 as applicable. The first vacancies on the supreme court occurring
10-18 after January 1, 2000, that would otherwise be filled as provided
10-19 by Sections 2 and 28 of this article may not be filled until the
10-20 number of justices is reduced to the number provided by Section 2
10-21 of this article.
10-22 (g) Unless otherwise provided by the supreme court under
10-23 this subsection or by other law, a matter pending in any court on
10-24 January 1, 2000, remains pending in that court for disposition in
10-25 the manner provided by the law in effect when the matter was filed
10-26 in that court. A matter pending before the court of criminal
10-27 appeals immediately before January 1, 2000, is considered pending
11-1 in the supreme court on that date. The supreme court by rule or
11-2 order may make any provision necessary to ensure that a change made
11-3 by this article or by the legislature in conformance with this
11-4 article does not adversely affect the substantial rights of any
11-5 party having a matter pending before any court on January 1, 2000.
11-6 (h) Except as otherwise provided by law, rules adopted by a
11-7 court that are in effect on January 1, 2000, are continued in
11-8 effect until superseded by law or court rule.
11-9 (i) Members of the State Judicial Qualifications Commission
11-10 on the effective date of this article continue in office, and the
11-11 existing commission shall continue to operate pursuant to Section
11-12 1-a, Article V, Texas Constitution, until otherwise provided by
11-13 law.
11-14 (j) Before January 1, 2003, the supreme court by rule or
11-15 order may adopt any additional saving or transitional procedures or
11-16 provisions the supreme court considers appropriate to implement
11-17 this article fairly and efficiently. A rule or order under this
11-18 subsection may be superseded by statute.
11-19 SECTION 4. This proposed constitutional amendment shall be
11-20 submitted to the voters at an election to be held November 2, 1999.
11-21 The ballot shall be printed to permit voting for or against the
11-22 proposition: "The constitutional amendment abolishing the court of
11-23 criminal appeals and establishing one supreme court with civil and
11-24 criminal jurisdiction and revising the manner in which appellate
11-25 justices and district judges are selected, using a combination of
11-26 appointment, partisan elections, and nonpartisan retention
11-27 elections."