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A JOINT RESOLUTION
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proposing a constitutional amendment relating to requiring board |
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certification for appellate judges and justices. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2, Article V, Texas Constitution, is |
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amended by amending Subsection (b) and adding Subsection (b-1) to |
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read as follows: |
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(b) No person shall be eligible to serve in the office of |
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Chief Justice or Justice of the Supreme Court unless the person: |
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(1) is licensed to practice law in this state; |
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(2) [and] is, at the time of election, a citizen of the |
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United States and of this state; |
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(3) [, and] has attained the age of thirty-five years; |
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(4) [, and] has been a practicing lawyer, or a lawyer |
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and judge of a court of record together, at least ten years; and |
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(5) is board certified in at least one practice area, |
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other than criminal law, recognized by the Texas Board of Legal |
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Specialization. |
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(b-1) Notwithstanding Subsection (b) of this section, a |
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person appointed or elected to serve as the Chief Justice or a |
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Justice of the Supreme Court before January 1, 2011, is not required |
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to comply with Subsection (b)(5) of this section to: |
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(1) continue to serve as the Chief Justice or a Justice |
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of the Supreme Court in the office to which the person was appointed |
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or elected before that date; or |
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(2) serve as the Chief Justice of the Supreme Court |
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immediately following service as a Justice of the Supreme Court in |
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the office to which the person was elected or appointed before that |
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date. |
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SECTION 2. Section 4, Article V, Texas Constitution, is |
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amended by amending Subsection (a) and adding Subsections (a-1) and |
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(a-2) to read as follows: |
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(a) The Court of Criminal Appeals shall consist of eight |
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Judges and one Presiding Judge. Except as provided by Subsection |
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(a-1) of this section, the [The] Judges shall have the same |
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qualifications and receive the same salaries as the Associate |
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Justices of the Supreme Court, and the Presiding Judge shall have |
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the same qualifications and receive the same salary as the Chief |
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Justice of the Supreme Court. The Presiding Judge and the Judges |
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shall be elected by the qualified voters of the state at a general |
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election and shall hold their offices for a term of six years. |
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(a-1) The Presiding Judge and the Judges shall be board |
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certified in criminal law by the Texas Board of Legal |
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Specialization. Section 2(b)(5), Article V, of this constitution |
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does not apply to the Presiding Judge and the Judges. |
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(a-2) Notwithstanding Subsection (a-1) of this section, a |
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person appointed or elected to serve as the Presiding Judge or a |
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Judge of the Court of Criminal Appeals before January 1, 2011, is |
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not required to comply with Subsection (a-1) of this section to: |
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(1) continue to serve as Presiding Judge or a Judge of |
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the Court of Criminal Appeals in the office to which the person was |
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appointed or elected before that date; or |
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(2) serve as Presiding Judge of the Court of Criminal |
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Appeals immediately following service as a Judge of the Court of |
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Criminal Appeals in the office to which the person was elected or |
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appointed before that date. |
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SECTION 3. Section 6, Article V, Texas Constitution, is |
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amended by amending Subsection (a) and adding Subsections (a-1) and |
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(a-2) to read as follows: |
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(a) The state shall be divided into courts of appeals |
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districts, with each district having a Chief Justice, two or more |
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other Justices, and such other officials as may be provided by law. |
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Except as provided by Subsection (a-1) of this section, the [The] |
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Justices shall have the qualifications prescribed for Justices of |
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the Supreme Court. The Court of Appeals may sit in sections as |
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authorized by law. The concurrence of a majority of the judges |
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sitting in a section is necessary to decide a case. Said Court of |
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Appeals shall have appellate jurisdiction co-extensive with the |
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limits of their respective districts, which shall extend to all |
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cases of which the District Courts or County Courts have original or |
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appellate jurisdiction, under such restrictions and regulations as |
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may be prescribed by law. Provided, that the decision of said |
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courts shall be conclusive on all questions of fact brought before |
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them on appeal or error. Said courts shall have such other |
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jurisdiction, original and appellate, as may be prescribed by law. |
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(a-1) The Justices must be board certified in at least one |
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area of practice recognized by the Texas Board of Legal |
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Specialization, which may be criminal law. |
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(a-2) Notwithstanding Subsection (a-1) of this section, a |
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person appointed or elected to serve as the Chief Justice or a |
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Justice of a Court of Appeals before January 1, 2011, is not |
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required to comply with Subsection (a-1) of this section to: |
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(1) continue to serve as the Chief Justice or a Justice |
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of a Court of Appeals in the office to which the person was |
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appointed or elected before that date; or |
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(2) serve as Chief Justice of a Court of Appeals |
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immediately following service as a Justice of that Court of Appeals |
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in the office to which the person was elected or appointed before |
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that date. |
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SECTION 4. The following temporary provision is added to |
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the Texas Constitution: |
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TEMPORARY PROVISION. (a) This temporary provision applies |
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to the constitutional amendment proposed by the 81st Legislature, |
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Regular Session, 2009, relating to requiring board certification |
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for appellate judges and justices. |
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(b) The amendments to Sections 2, 4, and 6, Article V, of |
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this constitution take effect January 1, 2011. |
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(c) This temporary provision expires January 1, 2012. |
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SECTION 5. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 3, 2009. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment relating to requiring |
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board certification for appellate judges and justices." |