78R6426 SLO-D
By: Ellis S.J.R. No. 41
A JOINT RESOLUTION
proposing a constitutional amendment related to the number of
justices on the supreme court and the number of judges on the court
of criminal appeals.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 2(a) and (c), Article V, Texas
Constitution, are amended to read as follows:
(a) The Supreme Court shall consist of the Chief Justice and
six [eight] Justices, any four [five] of whom shall constitute a
quorum, and the concurrence of four [five] shall be necessary to a
decision of a case; provided, that when the business of the court
may require, the court may sit in sections as designated by the
court to hear argument of causes and to consider applications for
writs of error or other preliminary matters.
(c) Said Justices shall be elected [(three of them each two
years)] by the qualified voters of the state at a general election;
shall hold their offices six years; and shall each receive such
compensation as shall be provided by law.
SECTION 2. Section 4, Article V, Texas Constitution, is
amended to read as follows:
Sec. 4. (a) The Court of Criminal Appeals shall consist of
six [eight] Judges and one Presiding Judge. The Judges shall have
the same qualifications and receive the same salaries as the
Associate Justices of the Supreme Court, and the Presiding Judge
shall have the same qualifications and receive the same salary as
the Chief Justice of the Supreme Court. The Presiding Judge and the
Judges shall be elected by the qualified voters of the state at a
general election and shall hold their offices for a term of six
years.
(b) For the purpose of hearing cases, the Court of Criminal
Appeals may sit in panels of three Judges, the designation thereof
to be under rules established by the court. In a panel of three
Judges, two Judges shall constitute a quorum and the concurrence of
two Judges shall be necessary for a decision. The Presiding Judge,
under rules established by the court, shall convene the court en
banc for the transaction of all other business and may convene the
court en banc for the purpose of hearing cases. The court must sit
en banc during proceedings involving capital punishment and other
cases as required by law. When convened en banc, four [five] Judges
shall constitute a quorum and the concurrence of four [five] Judges
shall be necessary for a decision. The Court of Criminal Appeals
may appoint Commissioners in aid of the Court of Criminal Appeals as
provided by law.
SECTION 3. The following temporary provision is added to
Article V, Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 78th Legislature,
Regular Session, 2003, reducing the number of justices on the
supreme court and the number of judges on the court of criminal
appeals. The constitutional amendment takes effect January 1,
2004, and this temporary provision expires January 1, 2012.
(b) Notwithstanding the expiration date of the term for
which a justice of the supreme court was elected or appointed to
fill a vacancy, the term of the chief justice and each justice
expires December 31, 2004.
(c) Notwithstanding the expiration date of the term for
which a judge of the court of criminal appeals was elected or
appointed to fill a vacancy, the term of the presiding judge and
each judge expires December 31, 2004.
(d) Notwithstanding the requirements of Section 2, Article
V, of this constitution, the supreme court consists of a chief
justice and eight justices until the court is reduced to seven
members on January 1, 2005, and, until that date, a majority of
justices shall constitute a quorum, and the concurrence of a
majority of justices shall be necessary for a decision of a case.
(e) Notwithstanding the requirements of Section 4, Article
V, of this constitution, the court of criminal appeals consists of a
presiding judge and eight judges until the court is reduced to seven
members on January 1, 2005, and, until that date, when convened en
banc, a majority of judges shall constitute a quorum, and the
concurrence of a majority of judges shall be necessary for a
decision of a case.
(f) A chief justice and six justices shall be elected to the
supreme court in the manner provided by Section 2, Article V, of
this constitution, at the general election held in 2004. To effect
staggered terms, the voters of this state shall elect a chief
justice and justices of the supreme court in accordance with this
subsection. This subsection does not affect an election to fill a
vacancy for an unexpired term. At the general election held in
2004, the voters shall elect one chief justice and six justices to
serve on the supreme court beginning January 1, 2005. The chief
justice shall serve a six-year term. Of the six justices elected at
that election, two of the justices shall serve six-year terms, two
of the justices shall serve four-year terms, and two of the justices
shall serve two-year terms. The six justices elected at that
election shall draw lots to determine the length of each justice's
term. At the general election held in 2006 and each sixth year
thereafter, the voters shall elect two justices to the supreme
court to serve six-year terms. At the general election held in 2008
and each sixth year thereafter, the voters shall elect two justices
to the supreme court to serve six-year terms. At the general
election held in 2010 and each sixth year thereafter, the voters
shall elect a chief justice and two justices to the supreme court to
serve six-year terms.
(g) A presiding judge and six judges shall be elected to the
court of criminal appeals in the manner provided by Section 4,
Article V, of this constitution, at the general election held in
2004. To effect staggered terms, the voters of this state shall
elect a presiding judge and judges of the court of criminal appeals
in accordance with this subsection. This subsection does not
affect an election to fill a vacancy for an unexpired term. At the
general election held in 2004, the voters shall elect one presiding
judge and six judges to serve on the court of criminal appeals
beginning January 1, 2005. The presiding judge shall serve a
six-year term. Of the six judges elected at that election, two of
the judges shall serve six-year terms, two of the judges shall serve
four-year terms, and two of the judges shall serve two-year terms.
The six judges elected at that election shall draw lots to determine
the length of each judge's term. At the general election held in
2006 and each sixth year thereafter, the voters shall elect two
judges to the court of criminal appeals to serve six-year terms. At
the general election held in 2008 and each sixth year thereafter,
the voters shall elect two judges to the court of criminal appeals
to serve six-year terms. At the general election held in 2010 and
each sixth year thereafter, the voters shall elect a presiding
judge and two judges to the court of criminal appeals to serve
six-year terms.
SECTION 4. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 4, 2003.
The ballot shall be printed to provide for voting for or against the
proposition: "The constitutional amendment reducing the number of
justices on the supreme court and judges on the court of criminal
appeals."