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R E S O L U T I O N
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WHEREAS, The House of Representatives of the Texas |
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Legislature has exclusive power to present articles of impeachment |
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against a state officer under Section 1, Article XV, Texas |
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Constitution, and Chapter 665, Government Code; and |
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WHEREAS, Section 4, Article XV, Texas Constitution, |
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specifically states that "[a] party convicted on impeachment shall |
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also be subject to indictment, trial and punishment according to |
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law," thereby allowing the legislature to pursue impeachment |
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concurrently with another investigation or proceeding conducted |
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under other legal authority regarding the same matters; and |
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WHEREAS, The Texas Supreme Court in Ferguson v. Maddox, 263 |
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S.W. 888 (Tex. 1924), established that impeachable offenses need |
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not be violations of the law, finding that "'the purposes of an |
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impeachment lie wholly beyond the penalties of the statute or the |
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customary law.' The Constitution, in relation to impeachment, has |
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in mind the protection of the people from official delinquencies or |
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malfeasances. The Penal Code, on the other hand, has in mind an |
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offender merely as a member of society who should be punished for |
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his individual wrongdoing. The primary purpose of an impeachment |
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is to protect the state, not to punish the offender"; and |
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WHEREAS, Judge Elizabeth Coker, Judge of the 258th Judicial |
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District, demonstrated conduct unbecoming a judge by violating the |
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Texas Code of Judicial Conduct; now, therefore, be it |
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RESOLVED, That the Texas House of Representatives impeach |
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Judge Elizabeth Coker, Judge of the 258th Judicial District; and, |
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be it further |
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RESOLVED, That in accordance with Section 5, Article XV, |
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Texas Constitution, Judge Elizabeth Coker, Judge of the 258th |
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Judicial District, be suspended from the exercise of the duties of |
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her office during the pendency of her impeachment, and that the |
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governor may make a provisional appointment to fill the vacancy |
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occasioned by the suspension of Judge Coker until the conclusion of |
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her trial by the Senate on the impeachment charges; and, be it |
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further |
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RESOLVED, That the House of Representatives of the 83rd Texas |
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Legislature conduct an investigation under Section 1, Article XV, |
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Texas Constitution, and Chapter 665, Government Code, prepare |
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appropriate articles of impeachment against Judge Elizabeth Coker, |
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Judge of the 258th Judicial District, and consider those articles |
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for presentment to the Texas Senate. |