By: Duncan, Ellis S.J.R. No. 3
1-1 SENATE JOINT RESOLUTION
1-2 proposing a constitutional amendment providing for gubernatorial
1-3 appointment to fill vacancies in the offices of appellate justices
1-4 and judges and for nonpartisan retention elections for those
1-5 justices and judges.
1-6 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Sections 2, 4, 6, and 28, Article V, Texas
1-8 Constitution, are amended to read as follows:
1-9 Sec. 2. (a) The Supreme Court shall consist of the Chief
1-10 Justice and eight Justices, any five of whom shall constitute a
1-11 quorum, and the concurrence of five shall be necessary to a
1-12 decision of a case; provided, that when the business of the court
1-13 may require, the court may sit in sections as designated by the
1-14 court to hear argument of causes and to consider applications for
1-15 writs of error or other preliminary matters.
1-16 (b) No person shall be eligible to serve in the office of
1-17 Chief Justice or Justice of the Supreme Court unless the person is
1-18 licensed to practice law in this state and is, at the time of
1-19 election or appointment, a citizen of the United States and of this
1-20 state, and has attained the age of thirty-five years, and has been
1-21 a practicing lawyer, or a lawyer and judge of a court of record
1-22 together at least ten years.
1-23 (c) Said Chief Justice and Justices following the appointed
1-24 term shall be subject, in the manner provided by law, to retention
2-1 or rejection on a nonpartisan ballot [elected (three of them each
2-2 two years)] by the qualified voters of the state at a general
2-3 election and on each successive retention by the voters[;] shall
2-4 hold their offices six years, or until their successors are
2-5 [elected and] qualified. On appointment to a vacancy, a Chief
2-6 Justice or Justice serves an initial term that ends January 1 of
2-7 the third odd-numbered year that occurs after the Chief Justice or
2-8 Justice takes the oath of office.
2-9 (d) The Chief Justice and Justices[; and] shall each receive
2-10 such compensation as shall be provided by law. [In case of a
2-11 vacancy in the office of the Chief Justice or any Justice of the
2-12 Supreme Court, the Governor shall fill the vacancy until the next
2-13 general election for state officers, and at such general election
2-14 the vacancy for the unexpired term shall be filled by election by
2-15 the qualified voters of the state. The Justices of the Supreme
2-16 Court who may be in office at the time this amendment takes effect
2-17 shall continue in office until the expiration of their term of
2-18 office under the present Constitution, and until their successors
2-19 are elected and qualified.]
2-20 Sec. 4. (a) The Court of Criminal Appeals shall consist of
2-21 eight Judges and one Presiding Judge.
2-22 (b) The Judges shall have the same qualifications and
2-23 receive the same salaries as the [Associate] Justices of the
2-24 Supreme Court, and the Presiding Judge shall have the same
2-25 qualifications and receive the same salary as the Chief Justice of
2-26 the Supreme Court.
3-1 (c) The Presiding Judge and the Judges following the
3-2 appointed term shall be subject, in the manner provided by law, to
3-3 retention or rejection on a nonpartisan ballot [elected] by the
3-4 qualified voters of the state at a general election and on each
3-5 successive retention by the voters shall hold their offices for a
3-6 term of six years. On appointment to a vacancy, a Presiding Judge
3-7 or Judge serves an initial term that ends January 1 of the third
3-8 odd-numbered year that occurs after the Presiding Judge or Judge
3-9 takes the oath of office. [In case of a vacancy in the office of a
3-10 Judge of the Court of Criminal Appeals, the Governor shall, with
3-11 the advice and consent of the Senate, fill said vacancy by
3-12 appointment until the next succeeding general election.]
3-13 (d) For the purpose of hearing cases, the Court of Criminal
3-14 Appeals may sit in panels of three Judges, the designation thereof
3-15 to be under rules established by the court. In a panel of three
3-16 Judges, two Judges shall constitute a quorum and the concurrence of
3-17 two Judges shall be necessary for a decision. The Presiding Judge,
3-18 under rules established by the court, shall convene the court en
3-19 banc for the transaction of all other business and may convene the
3-20 court en banc for the purpose of hearing cases. The court must sit
3-21 en banc during proceedings involving capital punishment and other
3-22 cases as required by law. When convened en banc, five Judges shall
3-23 constitute a quorum and the concurrence of five Judges shall be
3-24 necessary for a decision. The Court of Criminal Appeals may
3-25 appoint Commissioners in aid of the Court of Criminal Appeals as
3-26 provided by law.
4-1 Sec. 6. (a) The state shall be divided into courts of
4-2 appeals districts, with each district having a Chief Justice, two
4-3 or more other Justices, and such other officials as may be provided
4-4 by law. The Justices shall have the qualifications prescribed for
4-5 Justices of the Supreme Court.
4-6 (b) The Court of Appeals may sit in sections as authorized
4-7 by law. The concurrence of a majority of the Justices [judges]
4-8 sitting in a section is necessary to decide a case. Said Court of
4-9 Appeals shall have appellate jurisdiction co-extensive with the
4-10 limits of their respective districts, which shall extend to all
4-11 cases of which the District Courts or County Courts have original
4-12 or appellate jurisdiction, under such restrictions and regulations
4-13 as may be prescribed by law. Provided, that the decision of said
4-14 courts shall be conclusive on all questions of fact brought before
4-15 them on appeal or error. Said courts shall have such other
4-16 jurisdiction, original and appellate, as may be prescribed by law.
4-17 (c) Each of said Courts of Appeals shall hold its sessions
4-18 at a place in its district to be designated by the Legislature, and
4-19 at such time as may be prescribed by law.
4-20 (d) Said Chief Justices and Justices following the appointed
4-21 term shall be subject, in the manner provided by law, to retention
4-22 or rejection on a nonpartisan ballot [elected] by the qualified
4-23 voters of their respective districts at a general election and on
4-24 each successive retention by the voters serve[,] for a term of six
4-25 years. On appointment to a vacancy, a Chief Justice or Justice
4-26 serves an initial term that ends January 1 of the third
5-1 odd-numbered year that occurs after the Chief Justice or Justice
5-2 takes the oath of office.
5-3 (e) A Chief Justice or Justice [and] shall receive for the
5-4 Justice's [their] services the sum provided by law.
5-5 (f) Each Court of Appeals shall appoint a clerk in the same
5-6 manner as the clerk of the Supreme Court which clerk shall receive
5-7 such compensation as may be fixed by law.
5-8 (g) All constitutional and statutory references to the
5-9 Courts of Civil Appeals shall be construed to mean the Courts of
5-10 Appeals.
5-11 Sec. 28. (a) [Vacancies In Offices Of Judges Of Superior
5-12 Courts To Be Filled By The Governor.] Vacancies in the offices
5-13 [office] of Justices or Judges [judges] of the Supreme Court, the
5-14 Court of Criminal Appeals, the Courts [Court] of [Civil] Appeals,
5-15 and the District Courts shall be filled by the Governor.
5-16 (b) Vacancies in the office of Judge of a District Court
5-17 shall be filled until the next succeeding General Election.
5-18 (c) Vacancies[; and vacancies] in the office of County Judge
5-19 and Justices of the Peace shall be filled by the Commissioners
5-20 Court until the next succeeding General Election.
5-21 SECTION 2. The following temporary provision is added to the
5-22 Texas Constitution:
5-23 TEMPORARY PROVISION. (a) This temporary provision applies
5-24 to the constitutional amendment proposed by the 77th Legislature,
5-25 Regular Session, 2001, providing for gubernatorial appointment to
5-26 fill vacancies in the offices of appellate justices and judges and
6-1 for nonpartisan retention elections for those justices and judges.
6-2 (b) The constitutional amendment takes effect January 1,
6-3 2002.
6-4 (c) This temporary provision expires January 1, 2010.
6-5 SECTION 3. This proposed constitutional amendment shall be
6-6 submitted to the voters at an election to be held November 6, 2001.
6-7 The ballot shall be printed to permit voting for or against the
6-8 proposition: "The constitutional amendment providing for the
6-9 governor to fill vacancies in the offices of appellate justices and
6-10 judges and providing for nonpartisan retention elections for those
6-11 justices and judges."