81R9134 YDB-D
By: Gattis H.J.R. No. 105
A JOINT RESOLUTION
proposing a constitutional amendment relating to requiring board
certification for appellate judges and justices.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2, Article V, Texas Constitution, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) No person shall be eligible to serve in the office of
Chief Justice or Justice of the Supreme Court unless the person:
(1) is licensed to practice law in this state;
(2) [and] is, at the time of election, a citizen of the
United States and of this state;
(3) [, and] has attained the age of thirty-five years;
(4) [, and] has been a practicing lawyer, or a lawyer
and judge of a court of record together, at least ten years; and
(5) is board certified in at least one practice area,
other than criminal law, recognized by the Texas Board of Legal
Specialization.
(b-1) Notwithstanding Subsection (b) of this section, a
person appointed or elected to serve as the Chief Justice or a
Justice of the Supreme Court before January 1, 2011, is not required
to comply with Subsection (b)(5) of this section to:
(1) continue to serve as the Chief Justice or a Justice
of the Supreme Court in the office to which the person was appointed
or elected before that date; or
(2) serve as the Chief Justice of the Supreme Court
immediately following service as a Justice of the Supreme Court in
the office to which the person was elected or appointed before that
date.
SECTION 2. Section 4, Article V, Texas Constitution, is
amended by amending Subsection (a) and adding Subsections (a-1) and
(a-2) to read as follows:
(a) The Court of Criminal Appeals shall consist of eight
Judges and one Presiding Judge. Except as provided by Subsection
(a-1) of this section, the [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.
(a-1) The Presiding Judge and the Judges shall be board
certified in criminal law by the Texas Board of Legal
Specialization. Section 2(b)(5), Article V, of this constitution
does not apply to the Presiding Judge and the Judges.
(a-2) Notwithstanding Subsection (a-1) of this section, a
person appointed or elected to serve as the Presiding Judge or a
Judge of the Court of Criminal Appeals before January 1, 2011, is
not required to comply with Subsection (a-1) of this section to:
(1) continue to serve as Presiding Judge or a Judge of
the Court of Criminal Appeals in the office to which the person was
appointed or elected before that date; or
(2) serve as Presiding Judge of the Court of Criminal
Appeals immediately following service as a Judge of the Court of
Criminal Appeals in the office to which the person was elected or
appointed before that date.
SECTION 3. Section 6, Article V, Texas Constitution, is
amended by amending Subsection (a) and adding Subsections (a-1) and
(a-2) to read as follows:
(a) The state shall be divided into courts of appeals
districts, with each district having a Chief Justice, two or more
other Justices, and such other officials as may be provided by law.
Except as provided by Subsection (a-1) of this section, the [The]
Justices shall have the qualifications prescribed for Justices of
the Supreme Court. The Court of Appeals may sit in sections as
authorized by law. The concurrence of a majority of the judges
sitting in a section is necessary to decide a case. Said Court of
Appeals shall have appellate jurisdiction co-extensive with the
limits of their respective districts, which shall extend to all
cases of which the District Courts or County Courts have original or
appellate jurisdiction, under such restrictions and regulations as
may be prescribed by law. Provided, that the decision of said
courts shall be conclusive on all questions of fact brought before
them on appeal or error. Said courts shall have such other
jurisdiction, original and appellate, as may be prescribed by law.
(a-1) The Justices must be board certified in at least one
area of practice recognized by the Texas Board of Legal
Specialization, which may be criminal law.
(a-2) Notwithstanding Subsection (a-1) of this section, a
person appointed or elected to serve as the Chief Justice or a
Justice of a Court of Appeals before January 1, 2011, is not
required to comply with Subsection (a-1) of this section to:
(1) continue to serve as the Chief Justice or a Justice
of a Court of Appeals in the office to which the person was
appointed or elected before that date; or
(2) serve as Chief Justice of a Court of Appeals
immediately following service as a Justice of that Court of Appeals
in the office to which the person was elected or appointed before
that date.
SECTION 4. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 81st Legislature,
Regular Session, 2009, relating to requiring board certification
for appellate judges and justices.
(b) The amendments to Sections 2, 4, and 6, Article V, of
this constitution take effect January 1, 2011.
(c) This temporary provision expires January 1, 2012.
SECTION 5. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2009.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment relating to requiring
board certification for appellate judges and justices."