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A JOINT RESOLUTION
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proposing a constitutional amendment changing the eligibility |
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requirements for and the terms of office of certain judicial |
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offices. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 2(b) and (c), Article V, Texas |
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Constitution, are amended to 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 is |
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licensed to practice law in the State of Texas [this state] and is, |
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at the time of election, a citizen of the United States and of the |
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State of Texas [this state], and has attained the age of thirty-five |
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years, and has been a practicing lawyer licensed in the State of |
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Texas for at least ten consecutive years, or has been a practicing |
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lawyer licensed in the State of Texas and judge of a state court or |
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county court established by the Legislature by statute for a |
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combined total of [court of record together] at least ten |
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consecutive years, during which time the person's license to |
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practice law has not been revoked, suspended, or subject to a |
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probated suspension. |
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(c) Said Justices shall be elected [(three of them each two
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years)] by the qualified voters of the state at a general election; |
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shall hold their offices for staggered terms of eight [six] years; |
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and shall each receive such compensation as shall be provided by |
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law. |
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SECTION 2. Section 4(a), Article V, Texas Constitution, is |
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amended 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. 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 staggered terms [a term] |
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of eight [six] years. |
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SECTION 3. Section 6(b), Article V, Texas Constitution, is |
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amended to read as follows: |
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(b) Each of said Courts of Appeals shall hold its sessions |
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at a place in its district to be designated by the Legislature, and |
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at such time as may be prescribed by law. Said Justices shall be |
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elected by the qualified voters of their respective districts at a |
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general election, for staggered terms [a term] of eight [six] years |
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and shall receive for their services the sum provided by law. |
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SECTION 4. Section 7, Article V, Texas Constitution, is |
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amended to read as follows: |
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Sec. 7. The State shall be divided into judicial districts, |
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with each district having one or more Judges as may be provided by |
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law or by this Constitution. Each district judge shall be elected |
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by the qualified voters at a General Election and shall be a citizen |
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of the United States and of this State, who is licensed to practice |
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law in this State and has been a practicing lawyer or a Judge of a |
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Court in this State, or both combined, for four [(4)] years next |
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preceding the judge's [his] election, who has resided in the |
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district in which the judge [he] was elected for two [(2)] years |
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next preceding the [his] election, and who shall reside in the [his] |
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district during the judge's [his] term of office and hold the [his] |
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office for the period of six [four (4)] years, and who shall receive |
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for the judge's [his] services an annual salary to be fixed by the |
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Legislature. The Court shall conduct its proceedings at the county |
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seat of the county in which the case is pending, except as otherwise |
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provided by law. The judge [He] shall hold the regular terms of the |
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judge's [his] Court at the County Seat of each County in the [his] |
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district in such manner as may be prescribed by law. The |
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Legislature shall have power by General or Special Laws to make such |
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provisions concerning the terms or sessions of each Court as it may |
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deem necessary. |
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The Legislature shall also provide for the holding of |
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District Court when the Judge thereof is absent, or is from any |
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cause disabled or disqualified from presiding. |
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SECTION 5. Section 28, Article V, Texas Constitution, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) A vacancy in the office of Chief Justice, Justice, or |
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Judge of the Supreme Court, the Court of Criminal Appeals, or the |
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Court of Appeals[, or the District Courts] shall be filled by the |
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Governor until the next succeeding General Election for state |
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officers, and at that election the voters shall fill the vacancy for |
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the unexpired term. |
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(c) A vacancy in the office of Judge of a District Court |
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shall be filled by the Governor until the next succeeding General |
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Election for state officers, and at that election the voters shall |
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fill the vacancy for a full term, as specified by Section 7, Article |
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V, of this constitution. |
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SECTION 6. 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 85th Legislature, |
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Regular Session, 2017, changing the eligibility requirements for a |
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justice of the supreme court, a judge of the court of criminal |
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appeals, and a justice of a court of appeals and changing the terms |
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of office of those justices and judges and district judges. |
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(b) The amendment to Section 2(b), Article V, of this |
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constitution takes effect January 1, 2018, and applies only to a |
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chief justice or other justice of the supreme court who is elected |
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for a term that begins on or after that date, or who is appointed on |
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or after that date. |
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(c) The amendment to Section 2(c), Article V, of this |
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constitution takes effect January 1, 2018, and applies only to the |
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term of a chief justice or justice of the supreme court that begins |
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on the expiration of the term the length of which is prescribed by |
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the subdivisions of this subsection. The term of a chief justice or |
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justice of the supreme court who was elected or appointed before |
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January 1, 2018, expires, unless the justice is otherwise removed |
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as provided by law, at the end of the term to which the justice was |
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elected or appointed. On the expiration of that term, the length of |
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the next elected term for the chief justice or justice, unless |
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otherwise removed as provided by law, is as follows: |
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(1) the three persons serving as justices of the |
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supreme court whose terms to which the persons were elected or |
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appointed expire on December 31, 2018, shall draw lots to determine |
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the two of their places on the court for which justices will be |
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elected at the general election for state officers held in 2018 to |
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serve six-year terms and the one of their places on the court for |
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which a justice will be elected at the general election for state |
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officers held in 2018 to serve an eight-year term; |
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(2) the person elected to serve as chief justice of the |
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supreme court at the general election for state officers held in |
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2020 will serve an eight-year term; |
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(3) the other two persons serving as justices of the |
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supreme court whose terms to which the persons were elected or |
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appointed expire on December 31, 2020, shall draw lots to determine |
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the one of their places on the court for which a justice will be |
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elected at the general election for state officers held in 2020 to |
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serve a six-year term and the one of their places on the court for |
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which a justice will be elected at the general election for state |
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officers held in 2020 to serve an eight-year term; and |
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(4) the three persons serving as justices of the |
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supreme court whose terms to which the persons were elected or |
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appointed expire on December 31, 2022, shall draw lots to determine |
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the one of their places on the court for which a justice will be |
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elected at the general election for state officers held in 2022 to |
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serve a six-year term and the two of their places on the court for |
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which justices will be elected at the general election for state |
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officers held in 2022 to serve an eight-year term. |
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(d) The amendment to Section 4(a), Article V, of this |
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constitution takes effect January 1, 2018, and applies only to the |
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term of a presiding judge or other judge of the court of criminal |
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appeals that begins on the expiration of the term the length of |
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which is prescribed by the subdivisions of this subsection. The |
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term of a presiding judge or other judge of the court of criminal |
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appeals who was elected or appointed before January 1, 2018, |
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expires, unless the judge is otherwise removed as provided by law, |
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at the end of the term to which the judge was elected or appointed. |
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On the expiration of that term, the length of the next elected term |
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for the presiding judge or other judge, unless otherwise removed as |
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provided by law, is as follows: |
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(1) the person elected to serve as presiding judge of |
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the court of criminal appeals at the general election for state |
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officers held in 2018 will serve an eight-year term; |
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(2) the other two persons elected to serve as judges of |
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the court of criminal appeals at the general election for state |
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officers held in 2018 will serve six-year terms; |
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(3) the three persons serving as judges of the court of |
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criminal appeals whose terms to which the persons were elected or |
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appointed expire on December 31, 2020, shall draw lots to determine |
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the two of their places on the court for which judges will be |
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elected at the general election for state officers held in 2020 to |
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serve eight-year terms and the one of their places on the court for |
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which a judge will be elected at the general election for state |
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officers held in 2020 to serve a six-year term; and |
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(4) the three persons serving as judges of the court of |
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criminal appeals whose terms to which the persons were elected or |
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appointed expire on December 31, 2022, shall draw lots to determine |
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the two of their places on the court for which judges will be |
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elected at the general election for state officers held in 2022 to |
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serve eight-year terms and the one of their places on the court for |
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which a judge will be elected at the general election for state |
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officers held in 2022 to serve a six-year term. |
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(e) The amendment to Section 6(b), Article V, of this |
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constitution takes effect January 1, 2018, and applies only to the |
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term of a chief justice or other justice of a court of appeals that |
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begins on the expiration of the term the length of which is |
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prescribed by the subdivisions of this subsection. The term of a |
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chief justice or other justice of a court of appeals who was elected |
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or appointed before January 1, 2018, expires, unless the justice is |
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otherwise removed as provided by law, at the end of the term to |
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which the justice was elected or appointed. On the expiration of |
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that term, the length of the next elected term for the chief justice |
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or other justice, unless otherwise removed as provided by law, is as |
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follows: |
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(1) for the First Court of Appeals: |
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(A) the five persons serving as justices whose |
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terms to which the persons were elected or appointed expire on |
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December 31, 2018, shall draw lots to determine the two of their |
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places on the court for which justices will be elected at the |
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general election for state officers held in 2018 to serve six-year |
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terms and the three of their places on the court for which justices |
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will be elected at the general election for state officers held in |
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2018 to serve eight-year terms; |
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(B) the persons elected to serve as justices at |
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the general election for state officers held in 2020 will serve |
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eight-year terms; |
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(C) the person elected to serve as chief justice |
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at the general election for state officers held in 2022 will serve |
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an eight-year term; and |
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(D) the other person elected to serve as a |
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justice at the general election for state officers held in 2022 will |
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serve an eight-year term; |
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(2) for the Second Court of Appeals: |
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(A) the person elected to serve as chief justice |
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at the general election for state officers held in 2018 will serve |
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an eight-year term; |
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(B) the other three persons serving as justices |
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whose terms to which the persons were elected or appointed expire on |
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December 31, 2018, shall draw lots to determine the one of their |
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places on the court for which a justice will be elected at the |
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general election for state officers held in 2018 to serve an |
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eight-year term and the two of their places on the court for which |
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justices will be elected at the general election for state officers |
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held in 2018 to serve six-year terms; |
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(C) the persons elected to serve as justices at |
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the general election for state officers held in 2020 will serve |
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eight-year terms; and |
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(D) the person elected to serve as a justice at |
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the general election for state officers held in 2022 will serve an |
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eight-year term; |
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(3) for the Third Court of Appeals: |
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(A) the four persons serving as justices whose |
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terms to which the persons were elected or appointed expire on |
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December 31, 2018, shall draw lots to determine the two of their |
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places on the court for which justices will be elected at the |
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general election for state officers held in 2018 to serve six-year |
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terms and the two of their places on the court for which justices |
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will be elected at the general election for state officers held in |
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2018 to serve eight-year terms; |
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(B) the person elected to serve as chief justice |
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at the general election for state officers held in 2020 will serve |
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an eight-year term; and |
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(C) the person elected to serve as a justice at |
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the general election for state officers held in 2022 will serve an |
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eight-year term; |
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(4) for the Fourth Court of Appeals: |
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(A) the five persons serving as justices whose |
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terms to which the persons were elected or appointed expire on |
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December 31, 2018, shall draw lots to determine the two of their |
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|
places on the court for which justices will be elected at the |
|
|
general election for state officers held in 2018 to serve six-year |
|
|
terms and the three of their places on the court for which justices |
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|
will be elected at the general election for state officers held in |
|
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2018 to serve eight-year terms; |
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(B) the person elected to serve as chief justice |
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at the general election for state officers held in 2020 will serve |
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an eight-year term; and |
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(C) the person elected to serve as a justice at |
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the general election for state officers held in 2022 will serve an |
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eight-year term; |
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(5) for the Fifth Court of Appeals: |
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(A) the person elected to serve as chief justice |
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at the general election for state officers held in 2018 will serve |
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an eight-year term; |
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(B) the other seven persons serving as justices |
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whose terms to which the persons were elected or appointed expire on |
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December 31, 2018, shall draw lots to determine the four of their |
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places on the court for which justices will be elected at the |
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general election for state officers held in 2018 to serve six-year |
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terms and the three of their places on the court for which justices |
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will be elected at the general election for state officers held in |
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2018 to serve eight-year terms; |
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(C) the persons elected to serve as justices at |
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the general election for state officers held in 2020 will serve an |
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eight-year term; and |
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(D) the persons elected to serve as justices at |
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the general election for state officers held in 2022 will serve |
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eight-year terms; |
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(6) for the Sixth Court of Appeals: |
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(A) the person elected to serve as a justice at |
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the general election for state officers held in 2018 will serve an |
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eight-year term; |
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(B) the person elected to serve as a justice at |
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the general election for state officers held in 2020 will serve an |
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eight-year term; and |
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(C) the person elected to serve as chief justice |
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at the general election for state officers held in 2022 will serve |
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an eight-year term; |
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(7) for the Seventh Court of Appeals: |
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(A) the two persons serving as justices whose |
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terms to which the persons were elected or appointed expire on |
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December 31, 2018, shall draw lots to determine the one of their |
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places on the court for which a justice will be elected at the |
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general election for state officers held in 2018 to serve a six-year |
|
|
term and the one of their places on the court for which a justice |
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will be elected at the general election for state officers held in |
|
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2018 to serve an eight-year term; |
|
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(B) the person elected to serve as chief justice |
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at the general election for state officers held in 2020 will serve |
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an eight-year term; and |
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(C) the person elected to serve as a justice at |
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the general election for state officers held in 2022 will serve an |
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eight-year term; |
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(8) for the Eighth Court of Appeals: |
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(A) the person elected to serve as a justice at |
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the general election for state officers held in 2018 will serve an |
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eight-year term; |
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(B) the person elected to serve as a justice at |
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the general election for state officers held in 2022 will serve an |
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eight-year term; and |
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(C) the person elected to serve as chief justice |
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at the general election for state officers held in 2020 will serve |
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an eight-year term; |
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(9) for the Ninth Court of Appeals: |
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(A) the two persons serving as justices whose |
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terms to which the persons were elected or appointed expire on |
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December 31, 2018, shall draw lots to determine the one of their |
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places on the court for which a justice will be elected at the |
|
|
general election for state officers held in 2018 to serve a six-year |
|
|
term and the one of their places on the court for which a justice |
|
|
will be elected at the general election for state officers held in |
|
|
2018 to serve an eight-year term; |
|
|
(B) the person elected to serve as chief justice |
|
|
at the general election for state officers held in 2020 will serve |
|
|
an eight-year term; and |
|
|
(C) the person elected to serve as a justice at |
|
|
the general election for state officers held in 2022 will serve an |
|
|
eight-year term; |
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(10) for the Tenth Court of Appeals: |
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(A) the person elected to serve as chief justice |
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|
at the general election for state officers held in 2018 will serve |
|
|
an eight-year term; |
|
|
(B) the person elected to serve as a justice at |
|
|
the general election for state officers held in 2020 will serve an |
|
|
eight-year term; and |
|
|
(C) the person elected to serve as a justice at |
|
|
the general election for state officers held in 2022 will serve an |
|
|
eight-year term; |
|
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(11) for the Eleventh Court of Appeals: |
|
|
(A) the person elected to serve as chief justice |
|
|
at the general election for state officers held in 2018 will serve |
|
|
an eight-year term; |
|
|
(B) the person elected to serve as justice at the |
|
|
general election for state officers held in 2020 will serve an |
|
|
eight-year term; and |
|
|
(C) the person elected to serve as a justice at |
|
|
the general election for state officers held in 2022 will serve an |
|
|
eight-year term; |
|
|
(12) for the Twelfth Court of Appeals: |
|
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(A) the person elected to serve as a justice at |
|
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the general election for state officers held in 2018 will serve an |
|
|
eight-year term; |
|
|
(B) the person elected to serve as chief justice |
|
|
at the general election for state officers held in 2020 will serve |
|
|
an eight-year term; and |
|
|
(C) the person elected to serve as a justice at |
|
|
the general election for state officers held in 2022 will serve an |
|
|
eight-year term; |
|
|
(13) for the Thirteenth Court of Appeals: |
|
|
(A) the person elected to serve as chief justice |
|
|
at the general election for state officers held in 2018 will serve |
|
|
an eight-year term; |
|
|
(B) the other three persons serving as justices |
|
|
whose terms to which the persons were elected or appointed expire on |
|
|
December 31, 2018, shall draw lots to determine the two of their |
|
|
places on the court for which justices will be elected at the |
|
|
general election for state officers held in 2018 to serve six-year |
|
|
terms and the one of their places on the court for which a justice |
|
|
will be elected at the general election for state officers held in |
|
|
2018 to serve an eight-year term; |
|
|
(C) the person elected to serve as a justice at |
|
|
the general election for state officers held in 2020 will serve an |
|
|
eight-year term; and |
|
|
(D) the person elected to serve as a justice at |
|
|
the general election for state officers held in 2022 will serve an |
|
|
eight-year term; and |
|
|
(14) for the Fourteenth Court of Appeals: |
|
|
(A) the five persons serving as justices whose |
|
|
terms to which the persons were elected or appointed expire on |
|
|
December 31, 2018, shall draw lots to determine the two of their |
|
|
places on the court for which justices will be elected at the |
|
|
general election for state officers held in 2018 to serve six-year |
|
|
terms and the three of their places on the court for which justices |
|
|
will be elected at the general election for state officers held in |
|
|
2018 to serve eight-year terms; |
|
|
(B) the person elected to serve as chief justice |
|
|
at the general election for state officers held in 2020 will serve |
|
|
an eight-year term; |
|
|
(C) the person elected to serve as justice at the |
|
|
general election for state officers held in 2020 will serve an |
|
|
eight-year term; and |
|
|
(D) the persons elected to serve as justices at |
|
|
the general election for state officers held in 2022 will serve |
|
|
eight-year terms. |
|
|
(f) The amendments to Sections 7 and 28, Article V, of this |
|
|
constitution take effect January 1, 2018. The amendment to Section |
|
|
7 applies only to the term of a district judge that begins on or |
|
|
after January 1, 2018. The term of a district judge who was elected |
|
|
or appointed before January 1, 2018, expires, unless the judge is |
|
|
otherwise removed as provided by law, at the end of the term to |
|
|
which the judge was elected or appointed. On the expiration of that |
|
|
term, the length of the next elected term for the judge of that |
|
|
district is six years. |
|
|
(g) This temporary provision expires January 1, 2032. |
|
|
SECTION 7. This proposed constitutional amendment shall be |
|
|
submitted to the voters at an election to be held November 7, 2017. |
|
|
The ballot shall be printed to provide for voting for or against the |
|
|
proposition: "The constitutional amendment changing the |
|
|
eligibility requirements for a justice of the supreme court, judge |
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of the court of criminal appeals, and justice of a court of appeals |
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and changing the terms of office of those justices and judges and |
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district judges." |