81R6449 JRH-D
By: Duncan S.J.R. No. 23
A JOINT RESOLUTION
proposing a constitutional amendment for filling vacancies in
appellate judicial offices by appointment and for nonpartisan
retention elections for those offices.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2, Article V, Texas Constitution, is
amended by amending Subsections (b) and (c) and adding Subsection
(d) 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 is
licensed to practice law in this state and is, at the time of
election or appointment, a citizen of the United States and of this
state, and has attained the age of thirty-five years, and has been a
practicing lawyer, or a lawyer and judge of a court of record
together at least ten years.
(c) On appointment to a vacancy, a Chief Justice or Justice
serves an initial term that ends January 1 of the third odd-numbered
year that occurs after the Chief Justice or Justice takes the oath
of office. At the end of the appointed term and of each successive
term, the Chief Justice or Justice [Said Justices] shall be
subject, in the manner provided by law, to retention or rejection on
a nonpartisan ballot [elected (three of them each two years)] by the
qualified voters of the state at a general election and if
retained[;] shall hold office for a term of [their offices] six
years.
(d) The Chief Justice and Justices[; and] shall each receive
the [such] compensation [as shall be] provided by law.
SECTION 2. Subsection (a), Section 4, Article V, Texas
Constitution, is amended to read as follows:
(a) The Court of Criminal Appeals shall consist of eight
Judges and one Presiding Judge. 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. On appointment to a vacancy, a
Presiding Judge or Judge serves an initial term that ends January 1
of the third odd-numbered year that occurs after the Presiding
Judge or Judge takes the oath of office. At the end of the appointed
term and of each successive term, the [The] Presiding Judge or Judge
[and the Judges] shall be subject, in the manner provided by law, to
retention or rejection on a nonpartisan ballot [elected] by the
qualified voters of the state at a general election and if retained
shall hold office [their offices] for a term of six years.
SECTION 3. Subsection (b), Section 6, Article V, Texas
Constitution, is amended to read as follows:
(b) Each of said Courts of Appeals shall hold its sessions
at a place in its district to be designated by the Legislature, and
at such time as may be prescribed by law. On appointment to a
vacancy, a Chief Justice or Justice serves an initial term that ends
January 1 of the third odd-numbered year that occurs after the Chief
Justice or Justice takes the oath of office. At the end of the
appointed term and of each successive term, the Chief Justice or
Justice [Said Justices] shall be subject, in the manner provided by
law, to retention or rejection on a nonpartisan ballot [elected] by
the qualified voters of their respective districts at a general
election and if retained shall hold office[,] for a term of six
years. The Chief Justice and Justices [and] shall receive for their
services the compensation [sum] provided by law.
SECTION 4. Section 28, Article V, Texas Constitution, is
amended to read as follows:
(a) A vacancy in the office of Chief Justice, Justice, or
Judge of the Supreme Court, the Court of Criminal Appeals, or the
Court of Appeals [, or the District Courts] shall be filled by the
Governor. In exercising its duty to provide advice and consent on
an appointment made by the Governor under Section 12, Article IV, of
this constitution, the senate by rule may provide for the
confirmation or rejection of a person appointed to fill a vacancy
described by this subsection during a recess of the senate by a
two-thirds vote of the membership of a committee of the senate
designated for that purpose. Notwithstanding a temporary
confirmation as provided by this section, Section 12, Article IV,
of this constitution applies to the appointee when the senate next
convenes.
(b) A vacancy in the District Courts shall be filled by the
Governor until the next succeeding General Election for state
officers, and at that election the voters shall fill the vacancy for
the unexpired term.
(c) [(b)] A vacancy in the office of County Judge or Justice
of the Peace shall be filled by the Commissioners Court until the
next succeeding General Election.
SECTION 5. 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, providing for appointment to fill vacancies
in appellate judicial offices and for nonpartisan retention
elections for those offices.
(b) The constitutional amendment takes effect January 1,
2010.
(c) This temporary provision expires January 2, 2010.
SECTION 6. 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 providing for
appointment to fill vacancies in the offices of the justices and
judges of the appellate courts and for nonpartisan retention
elections for those offices."