The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Jerry G. Jones.
DIGEST
Murray (SB 216)
Present constitution relative to the judicial branch states that except as otherwise provided in the
present constitution, all judges shall be elected. Election shall be at the regular congressional
election.
Present constitution further provides that a newly-created judgeship or a vacancy in the office of
a judge shall be filled by special election called by the governor and held within twelve months
after the day on which the vacancy occurs or the judgeship is established, except when the
vacancy occurs in the last twelve months of an existing term. Until the vacancy is filled, the
supreme court shall appoint a person meeting the qualifications for the office, other than
domicile, to serve at its pleasure. The appointee shall be ineligible as a candidate at the election
to fill the vacancy or the newly-created judicial office. No person serving as an appointed judge,
other than a retired judge, shall be eligible for retirement benefits provided for the elected
judiciary.
Proposed constitutional amendment provides that a judgeship newly created by the legislature
shall be filled by special election called by the governor and held within twelve months after the
day on which the judgeship is established. Until the special election, the supreme court shall
appoint a person meeting the qualifications for the office, other than domicile, to serve at its
pleasure. The appointee shall be ineligible as a candidate at the election to fill the newly-created
judicial office. No person serving as an appointed judge, other than a retired judge, shall be
eligible for retirement benefits provided for the elected judiciary.
Proposed constitutional amendment further provides that not later than sixty calendar days after a
vacancy in the office of a judge, the supreme court shall determine whether the vacancy should
be filled without change, or whether such vacant judicial office should be reallocated to another
court of equivalent jurisdiction due to need and filled, or whether such vacant judicial office
should be abolished by law. The supreme court shall advise the governor and legislature of its
determination.
Proposed constitutional amendment further provides that if the supreme court determines that the
vacancy should be filled without change or that reallocation is necessary, a special election in the
appropriate jurisdiction to fill such judgeship shall thereafter be called by the governor within
fourteen months after the day on which the vacancy occurs, except when the vacancy occurs in
the last fourteen months of an existing term. A judicial office reallocated to a court shall have the
same rights and duties as other judicial offices of that court, and shall thereafter be filled by
election to that court as provided by law. Until the vacancy is filled, the supreme court shall
appoint a person meeting the qualifications for the office, other than domicile, to serve at its
pleasure. The appointee shall be ineligible as a candidate at the election to fill the vacancy. No person serving as an appointed judge, other than a retired judge, shall be eligible for retirement
benefits provided for the elected judiciary.
Proposed constitutional amendment further provides that if the supreme court determines that the
vacant judicial office should be abolished, it shall so advise the legislature and governor prior to
the next annual legislative session after the vacancy occurs and shall not fill the vacancy by
appointment. If the legislature does not abolish the judicial office, it shall be filled by election at
the next regular congressional election.
Present constitution provides that the legislature may change the number of judges in any judicial
district by law enacted by two-thirds of the elected members of each house.
Proposed constitutional amendment provides that, except as provided by the proposed
constitutional amendment, the legislature may change the number of judges in any judicial
district by law enacted by two-thirds of the elected members of each house.
Specifies submission of the amendment to the voters at the statewide election to be held on Nov.
4, 2014.
(Amends Const. Art. V, Sec. 15(D) and 22(B))