SRC-BWC S.J.R. 3 77(R)   BILL ANALYSIS


Senate Research Center   S.J.R. 3
77R2108 GGS-DBy: Duncan
Jurisprudence
3/8/2001
As Filed


DIGEST AND PURPOSE 

Currently, Texas is one of the few states in which judges are elected, not
appointed.  As proposed, S.J.R. 3 requires the submission to the voters of
a constitutional amendment to make the offices of chief justice and
justices of the supreme court, presiding judge and judges of the court of
criminal appeals, and chief justice and justices of the courts of appeals
available only through a gubernatorial appointment.  S.J.R. 3 provides that
at the completion of the first appointment term, a judge can serve
successive terms by succeeding in a nonpartisan retention election held
during a general election. 

RULEMAKING AUTHORITY

This bill does not expressly 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 being eligible to serve in the office of
chief justice or justice of the supreme court unless the person is licensed
to practice law in this state and is, at the time of election or
appointment, a citizen of this state, thirty-five years of age, and has
been a practicing lawyer, or a lawyer and judge of a court of record
together at least ten years.  Requires the chief justice and justices
following the appointed term to be subject to retention or rejection on a
nonpartisan ballot, rather than elected (three of them each two years),
during a general election, and requires the chief justice and justices to
hold their offices for six years on each successive retention by the
voters, or until their successors are qualified, rather than elected and
qualified.  Provides that a chief justice or justice serves an initial
term, upon appointment to a vacancy, that ends January 1 of the third
odd-numbered year that occurs after taking the oath of office.  Deletes
text regarding vacancies in the offices of the supreme  court.  Makes
conforming and nonsubstantive changes. 

Sec. 4.  Requires the presiding judge and judges of the court of criminal
appeals to have the same salary as the chief justice and justices, rather
than associate justices, of the supreme court respectively.  Requires the
presiding judge and judges following the appointed term to be subject, in
the manner provided by law, to retention or rejection on a nonpartisan
ballot, rather than elected, by qualified voters of the state at a general
election and on each successive retention by the voters are required to
hold their offices for a term of six years.  Provides that the presiding
judge and judges serve an initial term, upon appointment to a vacancy, that
ends January 1 of the third odd-numbered year that occurs after taking the
oath of office.  Deletes text regarding vacancies in the court of criminal
appeals. 

Sec. 6. Changes "judges" to "justices" when referring to the courts of
appeals.  Requires the chief justices and justices following the appointed
term to be subject, in the manner provided by law, to retention or
rejection on a nonpartisan ballot, rather than elected, by qualified voters
of the state at a general election and on each successive retention by the
voters are required to  hold their offices for a term of six years.
Provides that the chief justices and justices serve an initial term, upon
appointment to a vacancy, that ends January 1 of the third odd-numbered
year that occurs after taking the oath of office.   
 Makes nonsubstantive changes.

Sec. 28.  Requires the governor to fill the vacancies in the offices of
justices or judges of the supreme court, the court of criminal appeals, the
courts of appeals, rather than civil appeals, and the district courts.
Requires that the vacancies in the office of judge of a district court to
be filled until the next succeeding general election.  Makes nonsubstantive
changes.   

SECTION 2.  Adds a temporary provision to the Texas Constitution that
applies to the constitutional amendment proposed by the 77th Legislature,
Regular Session, 2001, providing for gubernatorial appointment to fill
vacancies in the offices of appellate justices and judges and for
nonpartisan retention elections for those justices and judges.  Provides
that this constitutional amendment takes effect January 1, 2002, and this
temporary provision expires January 1, 2010.    

SECTION 3.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 6, 2001.  Requires the
ballot to be printed to permit voting for or against the  proposition: "The
constitutional amendment providing for the  governor to fill vacancies in
the offices of appellate justices and judges and providing for nonpartisan
retention elections for those justices and judges."