1-1 By: Duncan, Ellis S.J.R. No. 3
1-2 (In the Senate - Filed November 22, 2000; January 11, 2001,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 April 5, 2001, reported favorably by the following vote: Yeas 4,
1-5 Nays 1; April 5, 2001, sent to printer.)
1-6 SENATE JOINT RESOLUTION
1-7 proposing a constitutional amendment providing for gubernatorial
1-8 appointment to fill vacancies in the offices of appellate justices
1-9 and judges and for nonpartisan retention elections for those
1-10 justices and judges.
1-11 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Sections 2, 4, 6, and 28, Article V, Texas
1-13 Constitution, are amended to read as follows:
1-14 Sec. 2. (a) The Supreme Court shall consist of the Chief
1-15 Justice and eight Justices, any five of whom shall constitute a
1-16 quorum, and the concurrence of five shall be necessary to a
1-17 decision of a case; provided, that when the business of the court
1-18 may require, the court may sit in sections as designated by the
1-19 court to hear argument of causes and to consider applications for
1-20 writs of error or other preliminary matters.
1-21 (b) No person shall be eligible to serve in the office of
1-22 Chief Justice or Justice of the Supreme Court unless the person is
1-23 licensed to practice law in this state and is, at the time of
1-24 election or appointment, a citizen of the United States and of this
1-25 state, and has attained the age of thirty-five years, and has been
1-26 a practicing lawyer, or a lawyer and judge of a court of record
1-27 together at least ten years.
1-28 (c) Said Chief Justice and Justices following the appointed
1-29 term shall be subject, in the manner provided by law, to retention
1-30 or rejection on a nonpartisan ballot [elected (three of them each
1-31 two years)] by the qualified voters of the state at a general
1-32 election and on each successive retention by the voters[;] shall
1-33 hold their offices six years, or until their successors are
1-34 [elected and] qualified. On appointment to a vacancy, a Chief
1-35 Justice or Justice serves an initial term that ends January 1 of
1-36 the third odd-numbered year that occurs after the Chief Justice or
1-37 Justice takes the oath of office.
1-38 (d) The Chief Justice and Justices[; and] shall each receive
1-39 such compensation as shall be provided by law. [In case of a
1-40 vacancy in the office of the Chief Justice or any Justice of the
1-41 Supreme Court, the Governor shall fill the vacancy until the next
1-42 general election for state officers, and at such general election
1-43 the vacancy for the unexpired term shall be filled by election by
1-44 the qualified voters of the state. The Justices of the Supreme
1-45 Court who may be in office at the time this amendment takes effect
1-46 shall continue in office until the expiration of their term of
1-47 office under the present Constitution, and until their successors
1-48 are elected and qualified.]
1-49 Sec. 4. (a) The Court of Criminal Appeals shall consist of
1-50 eight Judges and one Presiding Judge.
1-51 (b) The Judges shall have the same qualifications and
1-52 receive the same salaries as the [Associate] Justices of the
1-53 Supreme Court, and the Presiding Judge shall have the same
1-54 qualifications and receive the same salary as the Chief Justice of
1-55 the Supreme Court.
1-56 (c) The Presiding Judge and the Judges following the
1-57 appointed term shall be subject, in the manner provided by law, to
1-58 retention or rejection on a nonpartisan ballot [elected] by the
1-59 qualified voters of the state at a general election and on each
1-60 successive retention by the voters shall hold their offices for a
1-61 term of six years. On appointment to a vacancy, a Presiding Judge
1-62 or Judge serves an initial term that ends January 1 of the third
1-63 odd-numbered year that occurs after the Presiding Judge or Judge
1-64 takes the oath of office. [In case of a vacancy in the office of a
2-1 Judge of the Court of Criminal Appeals, the Governor shall, with
2-2 the advice and consent of the Senate, fill said vacancy by
2-3 appointment until the next succeeding general election.]
2-4 (d) For the purpose of hearing cases, the Court of Criminal
2-5 Appeals may sit in panels of three Judges, the designation thereof
2-6 to be under rules established by the court. In a panel of three
2-7 Judges, two Judges shall constitute a quorum and the concurrence of
2-8 two Judges shall be necessary for a decision. The Presiding Judge,
2-9 under rules established by the court, shall convene the court en
2-10 banc for the transaction of all other business and may convene the
2-11 court en banc for the purpose of hearing cases. The court must sit
2-12 en banc during proceedings involving capital punishment and other
2-13 cases as required by law. When convened en banc, five Judges shall
2-14 constitute a quorum and the concurrence of five Judges shall be
2-15 necessary for a decision. The Court of Criminal Appeals may
2-16 appoint Commissioners in aid of the Court of Criminal Appeals as
2-17 provided by law.
2-18 Sec. 6. (a) The state shall be divided into courts of
2-19 appeals districts, with each district having a Chief Justice, two
2-20 or more other Justices, and such other officials as may be provided
2-21 by law. The Justices shall have the qualifications prescribed for
2-22 Justices of the Supreme Court.
2-23 (b) The Court of Appeals may sit in sections as authorized
2-24 by law. The concurrence of a majority of the Justices [judges]
2-25 sitting in a section is necessary to decide a case. Said Court of
2-26 Appeals shall have appellate jurisdiction co-extensive with the
2-27 limits of their respective districts, which shall extend to all
2-28 cases of which the District Courts or County Courts have original
2-29 or appellate jurisdiction, under such restrictions and regulations
2-30 as may be prescribed by law. Provided, that the decision of said
2-31 courts shall be conclusive on all questions of fact brought before
2-32 them on appeal or error. Said courts shall have such other
2-33 jurisdiction, original and appellate, as may be prescribed by law.
2-34 (c) Each of said Courts of Appeals shall hold its sessions
2-35 at a place in its district to be designated by the Legislature, and
2-36 at such time as may be prescribed by law.
2-37 (d) Said Chief Justices and Justices following the appointed
2-38 term shall be subject, in the manner provided by law, to retention
2-39 or rejection on a nonpartisan ballot [elected] by the qualified
2-40 voters of their respective districts at a general election and on
2-41 each successive retention by the voters serve[,] for a term of six
2-42 years. On appointment to a vacancy, a Chief Justice or Justice
2-43 serves an initial term that ends January 1 of the third
2-44 odd-numbered year that occurs after the Chief Justice or Justice
2-45 takes the oath of office.
2-46 (e) A Chief Justice or Justice [and] shall receive for the
2-47 Justice's [their] services the sum provided by law.
2-48 (f) Each Court of Appeals shall appoint a clerk in the same
2-49 manner as the clerk of the Supreme Court which clerk shall receive
2-50 such compensation as may be fixed by law.
2-51 (g) All constitutional and statutory references to the
2-52 Courts of Civil Appeals shall be construed to mean the Courts of
2-53 Appeals.
2-54 Sec. 28. (a) [Vacancies In Offices Of Judges Of Superior
2-55 Courts To Be Filled By The Governor.] Vacancies in the offices
2-56 [office] of Justices or Judges [judges] of the Supreme Court, the
2-57 Court of Criminal Appeals, the Courts [Court] of [Civil] Appeals,
2-58 and the District Courts shall be filled by the Governor.
2-59 (b) Vacancies in the office of Judge of a District Court
2-60 shall be filled until the next succeeding General Election.
2-61 (c) Vacancies[; and vacancies] in the office of County Judge
2-62 and Justices of the Peace shall be filled by the Commissioners
2-63 Court until the next succeeding General Election.
2-64 SECTION 2. The following temporary provision is added to the
2-65 Texas Constitution:
2-66 TEMPORARY PROVISION. (a) This temporary provision applies
2-67 to the constitutional amendment proposed by the 77th Legislature,
2-68 Regular Session, 2001, providing for gubernatorial appointment to
2-69 fill vacancies in the offices of appellate justices and judges and
3-1 for nonpartisan retention elections for those justices and judges.
3-2 (b) The constitutional amendment takes effect January 1,
3-3 2002.
3-4 (c) This temporary provision expires January 1, 2010.
3-5 SECTION 3. This proposed constitutional amendment shall be
3-6 submitted to the voters at an election to be held November 6, 2001.
3-7 The ballot shall be printed to permit voting for or against the
3-8 proposition: "The constitutional amendment providing for the
3-9 governor to fill vacancies in the offices of appellate justices and
3-10 judges and providing for nonpartisan retention elections for those
3-11 justices and judges."
3-12 * * * * *