81R9712 YDB-D
By: Gattis H.J.R. No. 106
A JOINT RESOLUTION
proposing a constitutional amendment on the qualifications for
district judges.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7, Article V, Texas Constitution, is
amended to read as follows:
Sec. 7. (a) The State shall be divided into judicial
districts, with each district having one or more Judges as may be
provided by law or by this Constitution.
(b) Each district judge shall be elected by the qualified
voters at a General Election. A person is not eligible to serve in
the office of district judge unless the person:
(1) is [and shall be] a citizen of the United States
and of this State;
(2) has attained the age of 35 years;
(3) [, who] is licensed to practice law in this State
and has been a practicing lawyer or a Judge of a Court in this State,
or both combined, for at least 10 [four (4)] years;
(4) [next preceding his election, who] has resided in
the district in which the person [he] was elected for two [(2)]
years next preceding the person's [his] election;
(5) has been a practicing attorney in this State for at
least the immediately preceding three years;
(6) has completed at least 60 hours of continuing
legal education in the immediately preceding three years;
(7) has at least five persons willing to attest to the
person's competence in the practice of trial law; and
(8) has either:
(A) devoted at least 35 percent of the person's
practice to civil trial work and has:
(i) tried a minimum of 20 contested civil
cases in courts in this State involving a sum of actual damages in
controversy that exceeds $25,000, including seven jury cases; or
(ii) devoted a minimum of 100 separate days
to the trial of contested civil cases in this State involving a sum
of actual damages in controversy that exceeds $25,000, including at
least 50 days devoted to the trial of jury cases; or
(B) devoted at least 25 percent of the person's
practice to criminal trial work and has tried a minimum of 15
criminal cases in courts in this State, including five jury cases.
(b-1) Notwithstanding Subsection (b) of this section, a
person serving as a district judge on January 1, 2011, is not
required to comply with Subsection (b)(5), (6), (7), or (8) to
continue to serve as district judge in the office to which the
person was appointed or elected before that date.
(c) A district judge shall:
(1) [, and who shall] reside in the [his] district
during the judge's [his] term of office;
(2) [and] hold [his] office for the period of four
[(4)] years;[,] and
(3) [who shall] receive for the judge's [his] services
an annual salary to be fixed by the Legislature.
(d) The Court shall conduct its proceedings at the county
seat of the county in which the case is pending, except as otherwise
provided by law. The district judge [He] shall hold the regular
terms of [his] Court at the County Seat of each County in the [his]
district in such manner as may be prescribed by law.
(e) The Legislature shall have power by General or Special
Laws to make such provisions concerning the terms or sessions of
each Court as it may deem necessary. The Legislature shall also
provide for the holding of District Court when the Judge thereof is
absent, or is from any cause disabled or disqualified from
presiding.
SECTION 2. 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 the qualifications for district
judges.
(b) The amendment to Section 7, Article V, of this
constitution takes effect January 1, 2011.
(c) This temporary provision expires January 1, 2012.
SECTION 3. 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 provide for voting for or against the
proposition: "The constitutional amendment relating to the
qualifications for district judges."