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By: Heflin H.J.R. No. 97
A JOINT RESOLUTION
proposing a constitutional amendment relating to the membership of
the State Commission on Judicial Conduct.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (2) of Article V, Section 1-a of the
Texas Constitution is amended to read as follows:
(2) The State Commission on Judicial Conduct consists of
thirteen (13) [eleven (11)] members, to wit: (i) one (1) Justice of
a Court of Appeals; (ii) one (1) District Judge; (iii) three (3)
[two (2)] members of the State Bar, who have respectively practiced
as such for over ten (10) consecutive years next preceding their
selection; (iiii) four (4) citizens, at least thirty (30) years of
age, not licensed to practice law nor holding any salaried public
office or employment; (v) one (1) Justice of the Peace; (vi) one (1)
Judge of a Municipal Court; [and,] (vii) one (1) Judge of a County
Court at Law; and (viii) one (1) Statutory Probate Judge; provided
that no person shall be or remain a member of the Commission, who
does not maintain physical residence within this State, or who
resides in, or holds a judgeship within or for, the same Supreme
Judicial District as another member of the Commission, or who shall
have ceased to retain the qualifications above specified for his
respective class of membership, except that the Justice of the
Peace and the Judges of a Municipal Court, and or a County Court at
Law and or Statutory Probate Judge shall be selected at large
without regard to whether they reside or hold a judgeship in the
same Supreme Judicial District as another member of the Commission.
Commissioners of classes (i), (ii), and (vii), and (viii) above
shall be chosen by the Supreme Court with advice and consent of the
Senate, those of class (iii) by the Board of Directors of the State
Bar under regulations to be prescribed by the Supreme Court with
advice and consent of the Senate, those of class (iiii) by
appointment of the Governor with advice and consent of the Senate,
and the commissioners of classes (v) and (vi) by appointment of the
Supreme Court as provided by law, with the advice and consent of the
Senate.
SECTION 2. Subsection (5) of Article V, Section 1-a of the
Texas Constitution shall be amended to read as follows:
(5) The Commission may hold its meetings, hearings and other
proceedings at such times and places as it shall determine but shall
meet at Austin at least once each year. It shall annually select
one of its members as Chairman. A quorum shall consist of seven (7)
[six (6)] members. Proceedings shall be by majority vote of those
present, except that recommendations for retirement, censure,
suspension, or removal of any person holding an office named in
Paragraph A of Subsection (6) of this Section shall be by
affirmative vote of at least seven (7) [six (6)] members.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held September 13,
2003. The ballot shall be printed to permit voting for or against
the proposition: "The constitutional amendment expanding the
membership of the State Commission on Judicial Conduct from 11 to
13."