83S20500 BEF-D
By: Dutton H.R. No. 106
R E S O L U T I O N
WHEREAS, The House of Representatives of the Texas
Legislature has exclusive power to present articles of impeachment
against a state officer under Section 1, Article XV, Texas
Constitution, and Chapter 665, Government Code; and
WHEREAS, Section 4, Article XV, Texas Constitution,
specifically states that "[a] party convicted on impeachment shall
also be subject to indictment, trial and punishment according to
law," thereby allowing the legislature to pursue impeachment
concurrently with another investigation or proceeding conducted
under other legal authority regarding the same matters; and
WHEREAS, The Texas Supreme Court in Ferguson v. Maddox, 263
S.W. 888 (Tex. 1924), established that impeachable offenses need
not be violations of the law, finding that "'the purposes of an
impeachment lie wholly beyond the penalties of the statute or the
customary law.' The Constitution, in relation to impeachment, has
in mind the protection of the people from official delinquencies or
malfeasances. The Penal Code, on the other hand, has in mind an
offender merely as a member of society who should be punished for
his individual wrongdoing. The primary purpose of an impeachment
is to protect the state, not to punish the offender"; and
WHEREAS, Judge Elizabeth Coker, Judge of the 258th Judicial
District, demonstrated conduct unbecoming a judge by violating the
Texas Code of Judicial Conduct; now, therefore, be it
RESOLVED, That the Texas House of Representatives impeach
Judge Elizabeth Coker, Judge of the 258th Judicial District; and,
be it further
RESOLVED, That in accordance with Section 5, Article XV,
Texas Constitution, Judge Elizabeth Coker, Judge of the 258th
Judicial District, be suspended from the exercise of the duties of
her office during the pendency of her impeachment, and that the
governor may make a provisional appointment to fill the vacancy
occasioned by the suspension of Judge Coker until the conclusion of
her trial by the Senate on the impeachment charges; and, be it
further
RESOLVED, That the House of Representatives of the 83rd Texas
Legislature conduct an investigation under Section 1, Article XV,
Texas Constitution, and Chapter 665, Government Code, prepare
appropriate articles of impeachment against Judge Elizabeth Coker,
Judge of the 258th Judicial District, and consider those articles
for presentment to the Texas Senate.