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."