By: Duncan, Ellis S.J.R. No. 9
SENATE JOINT RESOLUTION
1-1 proposing a constitutional amendment providing for gubernatorial
1-2 appointment to fill vacancies in the offices of appellate justices
1-3 and judges and for nonpartisan retention elections for those
1-4 justices and judges.
1-5 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 2, 4, 6, and 28, Article V, Texas
1-7 Constitution, are amended to read as follows:
1-8 Sec. 2. (a) The Supreme Court shall consist of the Chief
1-9 Justice and eight Justices, any five of whom shall constitute a
1-10 quorum, and the concurrence of five shall be necessary to a
1-11 decision of a case; provided, that when the business of the court
1-12 may require, the court may sit in sections as designated by the
1-13 court to hear argument of causes and to consider applications for
1-14 writs of error or other preliminary matters.
1-15 (b) No person shall be eligible to serve in the office of
1-16 Chief Justice or Justice of the Supreme Court unless the person is
1-17 licensed to practice law in this state and is, at the time of
1-18 election or appointment, a citizen of the United States and of this
1-19 state, and has attained the age of thirty-five years, and has been
1-20 a practicing lawyer, or a lawyer and judge of a court of record
1-21 together at least ten years.
1-22 (c) Said Chief Justice and Justices following the appointed
1-23 term shall be subject, in the manner provided by law, to retention
1-24 or rejection on a nonpartisan ballot [elected (three of them each
2-1 two years)] by the qualified voters of the state at a general
2-2 election; and on each successive retention by the voters shall hold
2-3 their offices six years, or until their successors are [elected
2-4 and] qualified. On appointment to a vacancy, a Chief Justice or
2-5 Justice serves an initial term that ends January 1 of the third
2-6 odd-numbered year that occurs after the Chief Justice or Justice
2-7 takes the oath of office.
2-8 (d) The Chief Justice and Justices[; and] shall each receive
2-9 such compensation as shall be provided by law. [In case of a
2-10 vacancy in the office of the Chief Justice or any Justice of the
2-11 Supreme Court, the Governor shall fill the vacancy until the next
2-12 general election for state officers, and at such general election
2-13 the vacancy for the unexpired term shall be filled by election by
2-14 the qualified voters of the state. The Justices of the Supreme
2-15 Court who may be in office at the time this amendment takes effect
2-16 shall continue in office until the expiration of their term of
2-17 office under the present Constitution, and until their successors
2-18 are elected and qualified.]
2-19 Sec. 4. (a) The Court of Criminal Appeals shall consist of
2-20 eight Judges and one Presiding Judge.
2-21 (b) The Judges shall have the same qualifications and
2-22 receive the same salaries as the [Associate] Justices of the
2-23 Supreme Court, and the Presiding Judge shall have the same
2-24 qualifications and receive the same salary as the Chief Justice of
2-25 the Supreme Court.
2-26 (c) The Presiding Judge and the Judges following the
3-1 appointed term shall be subject, in the manner provided by law, to
3-2 retention or rejection on a nonpartisan ballot [elected] by the
3-3 qualified voters of the state at a general election and on each
3-4 successive retention by the voters shall hold their offices for a
3-5 term of six years. On appointment to a vacancy, a Presiding Judge
3-6 or Judge serves an initial term that ends January 1 of the third
3-7 odd-numbered year that occurs after the Presiding Judge or Judge
3-8 takes the oath of office. [In case of a vacancy in the office of a
3-9 Judge of the Court of Criminal Appeals, the Governor shall, with
3-10 the advice and consent of the Senate, fill said vacancy by
3-11 appointment until the next succeeding general election.]
3-12 (d) For the purpose of hearing cases, the Court of Criminal
3-13 Appeals may sit in panels of three Judges, the designation thereof
3-14 to be under rules established by the court. In a panel of three
3-15 Judges, two Judges shall constitute a quorum and the concurrence of
3-16 two Judges shall be necessary for a decision. The Presiding Judge,
3-17 under rules established by the court, shall convene the court en
3-18 banc for the transaction of all other business and may convene the
3-19 court en banc for the purpose of hearing cases. The court must sit
3-20 en banc during proceedings involving capital punishment and other
3-21 cases as required by law. When convened en banc, five Judges shall
3-22 constitute a quorum and the concurrence of five Judges shall be
3-23 necessary for a decision. The Court of Criminal Appeals may
3-24 appoint Commissioners in aid of the Court of Criminal Appeals as
3-25 provided by law.
3-26 Sec. 6. (a) The state shall be divided into courts of
4-1 appeals districts, with each district having a Chief Justice, two
4-2 or more other Justices, and such other officials as may be provided
4-3 by law. The Justices shall have the qualifications prescribed for
4-4 Justices of the Supreme Court.
4-5 (b) The Court of Appeals may sit in sections as authorized
4-6 by law. The concurrence of a majority of the Justices [judges]
4-7 sitting in a section is necessary to decide a case. Said Court of
4-8 Appeals shall have appellate jurisdiction co-extensive with the
4-9 limits of their respective districts, which shall extend to all
4-10 cases of which the District Courts or County Courts have original
4-11 or appellate jurisdiction, under such restrictions and regulations
4-12 as may be prescribed by law. Provided, that the decision of said
4-13 courts shall be conclusive on all questions of fact brought before
4-14 them on appeal or error. Said courts shall have such other
4-15 jurisdiction, original and appellate, as may be prescribed by law.
4-16 (c) Each of said Courts of Appeals shall hold its sessions
4-17 at a place in its district to be designated by the Legislature, and
4-18 at such time as may be prescribed by law.
4-19 (d) Said Chief Justices and Justices following the appointed
4-20 term shall be subject, in the manner provided by law, to retention
4-21 or rejection on a nonpartisan ballot [elected] by the qualified
4-22 voters of their respective districts at a general election, and on
4-23 each successive retention by the voters serve for a term of six
4-24 years. On appointment to a vacancy, a Chief Justice or Justice
4-25 serves an initial term that ends January 1 of the third
4-26 odd-numbered year that occurs after the Chief Justice or Justice
5-1 takes the oath of office.
5-2 (e) A Chief Justice or Justice [and] shall receive for the
5-3 Justice's [their] services the sum provided by law.
5-4 (f) Each Court of Appeals shall appoint a clerk in the same
5-5 manner as the clerk of the Supreme Court which clerk shall receive
5-6 such compensation as may be fixed by law.
5-7 (g) All constitutional and statutory references to the
5-8 Courts of Civil Appeals shall be construed to mean the Courts of
5-9 Appeals.
5-10 Sec. 28. (a) [Vacancies In Offices Of Judges Of Superior
5-11 Courts To Be Filled By The Governor.] Vacancies in the offices
5-12 [office] of Justices or Judges [judges] of the Supreme Court, the
5-13 Court of Criminal Appeals, the Courts [Court] of [Civil] Appeals,
5-14 and the District Courts shall be filled by the Governor.
5-15 (b) Vacancies in the office of Judge of a District Court
5-16 shall be filled until the next succeeding General Election.
5-17 (c) Vacancies[; and vacancies] in the office of County Judge
5-18 and Justices of the Peace shall be filled by the Commissioners
5-19 Court until the next succeeding General Election.
5-20 SECTION 2. The following temporary provision is added to the
5-21 Texas Constitution:
5-22 TEMPORARY PROVISION. (a) This temporary provision applies
5-23 to the constitutional amendment proposed by the 76th Legislature,
5-24 Regular Session, 1999, providing for gubernatorial appointment to
5-25 fill vacancies in the offices of appellate justices and judges and
5-26 for nonpartisan retention elections for those justices and judges.
6-1 (b) The constitutional amendment takes effect January 1,
6-2 2000.
6-3 (c) This temporary provision expires January 1, 2008.
6-4 SECTION 3. This proposed constitutional amendment shall be
6-5 submitted to the voters at an election to be held November 2, 1999.
6-6 The ballot shall be printed to permit voting for or against the
6-7 proposition: "The constitutional amendment providing for the
6-8 governor to fill vacancies in the offices of appellate justices and
6-9 judges and providing for nonpartisan retention elections for those
6-10 justices and judges."