HBA-AMW C.S.S.J.R. 3 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.J.R. 3 By: Duncan Judicial Affairs 5/17/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, Texas justices and judges of the Supreme Court of Texas and the Court of Criminal Appeals of Texas (justices and judges) are elected in partisan elections. These candidates often raise money for campaigns from political parties and the lawyers who practice before them. These justices and judges are not required to recuse themselves from cases involving attorneys or litigants who make large contributions to such campaigns, which may lead to the appearance of impropriety. As proposed, C.S.S.J.R. 3 requires the submission to the voters of a constitutional amendment permitting the appointment of justices and judges by the governor, with the consent of the senate. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this resolution does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.S.J.R. 3 amends the Texas Constitution to provide that, on appointment by the governor to a vacancy, a chief justice or justice of the Supreme Court of Texas or a presiding judge or judge of the Court of Criminal Appeals of Texas (justice or judge) serves an initial term that ends on January 31 of the oddnumbered year that occurs after the justice or judge takes the oath of office. The resolution requires that a justice or judge be appointed by the governor, subject to confirmation by the senate. FOR ELECTION This proposed constitutional amendment shall be submitted to the voters at an election to be held November 6, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.J.R. 3 modifies the original resolution by requiring a chief justice or justice of the Supreme Court of Texas or a presiding judge or judge of the Court of Criminal Appeals of Texas (justice or judge) to be appointed by the governor, subject to confirmation by the senate, rather than by requiring the justice or judge following the appointed term to be subject, in the manner provided by law, to retention or rejection on a nonpartisan ballot and to hold the office for six years on each successive retention by the voters. The substitute differs from the original resolution by providing that, on appointment to a vacancy, a justice or judge serves an initial term that ends January 31 of the odd-numbered year, rather than January 1 of the third odd-numbered year, that occurs after the justice or judge takes the oath of office. The substitute removes provisions regarding the appointment and retention or rejection of chief justice and justices of the court of appeals, nonpartisan retention elections for justices and judges, and the effective date of the resolution.