| 1 | 1 | | 81R9712 YDB-D |
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| 2 | 2 | | By: Gattis H.J.R. No. 106 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A JOINT RESOLUTION |
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| 6 | 6 | | proposing a constitutional amendment on the qualifications for |
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| 7 | 7 | | district judges. |
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| 8 | 8 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 7, Article V, Texas Constitution, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | Sec. 7. (a) The State shall be divided into judicial |
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| 12 | 12 | | districts, with each district having one or more Judges as may be |
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| 13 | 13 | | provided by law or by this Constitution. |
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| 14 | 14 | | (b) Each district judge shall be elected by the qualified |
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| 15 | 15 | | voters at a General Election. A person is not eligible to serve in |
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| 16 | 16 | | the office of district judge unless the person: |
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| 17 | 17 | | (1) is [and shall be] a citizen of the United States |
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| 18 | 18 | | and of this State; |
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| 19 | 19 | | (2) has attained the age of 35 years; |
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| 20 | 20 | | (3) [, who] is licensed to practice law in this State |
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| 21 | 21 | | and has been a practicing lawyer or a Judge of a Court in this State, |
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| 22 | 22 | | or both combined, for at least 10 [four (4)] years; |
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| 23 | 23 | | (4) [next preceding his election, who] has resided in |
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| 24 | 24 | | the district in which the person [he] was elected for two [(2)] |
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| 25 | 25 | | years next preceding the person's [his] election; |
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| 26 | 26 | | (5) has been a practicing attorney in this State for at |
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| 27 | 27 | | least the immediately preceding three years; |
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| 28 | 28 | | (6) has completed at least 60 hours of continuing |
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| 29 | 29 | | legal education in the immediately preceding three years; |
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| 30 | 30 | | (7) has at least five persons willing to attest to the |
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| 31 | 31 | | person's competence in the practice of trial law; and |
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| 32 | 32 | | (8) has either: |
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| 33 | 33 | | (A) devoted at least 35 percent of the person's |
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| 34 | 34 | | practice to civil trial work and has: |
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| 35 | 35 | | (i) tried a minimum of 20 contested civil |
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| 36 | 36 | | cases in courts in this State involving a sum of actual damages in |
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| 37 | 37 | | controversy that exceeds $25,000, including seven jury cases; or |
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| 38 | 38 | | (ii) devoted a minimum of 100 separate days |
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| 39 | 39 | | to the trial of contested civil cases in this State involving a sum |
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| 40 | 40 | | of actual damages in controversy that exceeds $25,000, including at |
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| 41 | 41 | | least 50 days devoted to the trial of jury cases; or |
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| 42 | 42 | | (B) devoted at least 25 percent of the person's |
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| 43 | 43 | | practice to criminal trial work and has tried a minimum of 15 |
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| 44 | 44 | | criminal cases in courts in this State, including five jury cases. |
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| 45 | 45 | | (b-1) Notwithstanding Subsection (b) of this section, a |
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| 46 | 46 | | person serving as a district judge on January 1, 2011, is not |
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| 47 | 47 | | required to comply with Subsection (b)(5), (6), (7), or (8) to |
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| 48 | 48 | | continue to serve as district judge in the office to which the |
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| 49 | 49 | | person was appointed or elected before that date. |
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| 50 | 50 | | (c) A district judge shall: |
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| 51 | 51 | | (1) [, and who shall] reside in the [his] district |
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| 52 | 52 | | during the judge's [his] term of office; |
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| 53 | 53 | | (2) [and] hold [his] office for the period of four |
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| 54 | 54 | | [(4)] years;[,] and |
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| 55 | 55 | | (3) [who shall] receive for the judge's [his] services |
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| 56 | 56 | | an annual salary to be fixed by the Legislature. |
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| 57 | 57 | | (d) The Court shall conduct its proceedings at the county |
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| 58 | 58 | | seat of the county in which the case is pending, except as otherwise |
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| 59 | 59 | | provided by law. The district judge [He] shall hold the regular |
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| 60 | 60 | | terms of [his] Court at the County Seat of each County in the [his] |
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| 61 | 61 | | district in such manner as may be prescribed by law. |
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| 62 | 62 | | (e) The Legislature shall have power by General or Special |
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| 63 | 63 | | Laws to make such provisions concerning the terms or sessions of |
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| 64 | 64 | | each Court as it may deem necessary. The Legislature shall also |
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| 65 | 65 | | provide for the holding of District Court when the Judge thereof is |
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| 66 | 66 | | absent, or is from any cause disabled or disqualified from |
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| 67 | 67 | | presiding. |
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| 68 | 68 | | SECTION 2. The following temporary provision is added to |
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| 69 | 69 | | the Texas Constitution: |
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| 70 | 70 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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| 71 | 71 | | to the constitutional amendment proposed by the 81st Legislature, |
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| 72 | 72 | | Regular Session, 2009, relating to the qualifications for district |
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| 73 | 73 | | judges. |
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| 74 | 74 | | (b) The amendment to Section 7, Article V, of this |
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| 75 | 75 | | constitution takes effect January 1, 2011. |
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| 76 | 76 | | (c) This temporary provision expires January 1, 2012. |
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| 77 | 77 | | SECTION 3. This proposed constitutional amendment shall be |
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| 78 | 78 | | submitted to the voters at an election to be held November 3, 2009. |
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| 79 | 79 | | The ballot shall be printed to provide for voting for or against the |
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| 80 | 80 | | proposition: "The constitutional amendment relating to the |
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| 81 | 81 | | qualifications for district judges." |
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