SRC-VRA S.J.R. 33 78(R)   BILL ANALYSIS


Senate Research Center   S.J.R. 33
78R3458 DRH-DBy: Duncan
Jurisprudence
3/13/2003
As Filed


DIGEST AND PURPOSE 

Currently, judges on the supreme court, court of criminal appeals, courts
of appeal, district, family and probate courts are elected officials.
Many, however, believe that this system is flawed because it creates
biased "politicians" rather than impartial "jurists."  As proposed, S.J.R.
33 would create a appointment/retention system that:   

_Applies to the supreme court, court of criminal appeals, courts of
appeal, district, family and probate courts; 

_Calls for gubernatorial appointment to all such courts for the currently
prescribed terms of six years for appellate courts and four years for all
others; 

_Requires confirmation of all appointments by the Texas Senate by a super
majority; and 

_Requires, at the end of each judge's appointed term, a non-partisan
retention election in which the voters elect whether to retain the judge.
If the judge is retained, the judge sits for an additional term.  If the
judge is not retained, the process begins again with a new gubernatorial
appointment. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Senate in SECTION 5
(Section 28(a), Article V, Texas Constitution), of this bill.   

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2, Article V, Texas Constitution, by amending
Subsections (b) and (c) and adding Subsection (d), as follows: 
 
(b)  Provides that no person shall be 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 the United States and of this state, and has
attained the age of thirtyfive years, and has been a practicing lawyer, or
a lawyer and judge of a court of record together at least ten years. 
 
(c)  Provides that on appointment to a vacancy, a chief justice or justice
serves an initial term that ends January 1 of the third odd-numbered year
that occurs after the chief justice or justice takes the oath of office.
Requires the chief justice or justice, at the end of the appointed term
and of each successive term, to be subject, in the manner provided by law,
to retention or rejection on a nonpartisan ballot by the qualified voters
of the state at a general election and if retained to hold office for a
term of six years. 

(d)  Requires the chief justice and justices to each receive the
compensation provided by law. 

SECTION 2.  Amends Section 4(a), Article V, Texas Constitution, as follows:
  
(a)  Provides that on appointment to a vacancy, a presiding judge or judge
serves an initial term that ends January 1 of the third odd-numbered year
that occurs after the presiding judge or judge takes the oath of office.
Requires the presiding judge or judge, at the end of the appointed term
and of each successive term, to be subject, in the manner provided by law,
to retention or rejection on a nonpartisan ballot by the qualified voters
of the state at a general election and if retained to hold office for a
term of six years. 

SECTION 3.  Amends Section 6(b), Article V, Texas Constitution, as follows:

(b)  Provides that on appointment to a vacancy, a chief justice or justice
serves an initial term that ends January 1 of the third odd-numbered year
that occurs after the chief justice or justice takes the oath of office.
Requires, at the end of the appointed term and of each successive term,
the chief justice or justice to be subject, in a manner provided by law,
to retention or rejection on a nonpartisan ballot and if retained to hold
office for a term of six years.  Requires the chief justice and justices
to receive for their services the compensation provided by law. 

SECTION 4.  Amends Section 7, Article V, Texas Constitution, is amended to
read as follows: 
 
Sec. 7.  (a) Creates this subsection from existing text.
 
(b)  Provides that on appointment to a vacancy, a district judge serves an
initial term that ends January 1 of the second odd-numbered year that
occurs after the district judge takes the oath of office.  Requires the
district judge, at the end of the appointed term and of each successive
term, to be subject, in the manner provided by law, to retention or
rejection on a nonpartisan ballot by the qualified voters at a general
election and if retained to hold office for a term of four years. Requires
a district judge to reside in the district the judge serves during the
judge's term of office and to receive for his services an annual salary to
be fixed by the legislature.  
 
(c)  Provides that a person is not eligible to serve as a district judge
unless the person is a citizen of the United States and of this state, who
is licensed to practice law in this state and has been a practicing lawyer
or a judge of a court in this state, or both combined, for four years next
preceding the person's appointment, and who has resided in the district to
which the person was appointed for two years next preceding the person's
appointment. 
 
 (d-e)  Creates new subsections from existing text.

SECTION 5.  Amends Section 28(a), Article V, Texas Constitution, as
follows: 
 
(a)  Requires  a vacancy in the office of chief justice, justice, or judge
of the supreme court, the court of criminal appeals, the court of appeals,
or the district courts to be filled by the governor, rather than by the
governor until the next succeeding general election.  Authorizes the
Senate by rule, in exercising its duty to provide advice and consent on an
appointment made by the Governor under Section 12, Article IV, of this
constitution, to provide for the confirmation or rejection of a person
appointed to fill a vacancy described by this subsection during a recess
of the senate by a two-thirds vote of the membership of a committee of the
senate designated for that purpose. Provides that until the appointee is
confirmed or rejected by an affirmative vote of two-thirds of the members
of the committee, the appointee's eligibility to continue in office is not
affected and Section 12, Article IV, applies to the appointee when the
senate next convenes. 

SECTION 6.  Provides that the following temporary provision is added to
the Texas Constitution: 
 
TEMPORARY PROVISION.  (a)  Provides that this temporary provision applies
to the constitutional amendment proposed by the 78th Legislature, Regular
Session, 2003, providing for appointment to fill vacancies  in certain
judicial offices and for nonpartisan retention elections for  those
offices. 
 
  (b)  Provides that the constitutional amendment takes effect January 1,
2004. 
 
  (c)  Provides that this temporary provision expires January 2, 2004.

SECTION 7.  Requires this proposed constitutional amendment to be
submitted to the voters at an election to be held November 4, 2003.
Requires the ballot to be printed to provide for voting for or against the
proposition:  "The constitutional amendment providing for appointment to
fill vacancies in the offices of the justices and judges of the appellate
and district courts and for nonpartisan retention elections for those
offices."