Proposing a constitutional amendment to abolish the court of criminal appeals and establish one supreme court with civil and criminal appellate jurisdiction.
If enacted, HJR90 would address the jurisdictional overlaps that currently exist between the Court of Criminal Appeals and the Supreme Court. By fully integrating criminal appeals into the Supreme Court's purview, the Texas judicial system could potentially reduce procedural complexities that have arisen from managing appeals through separate courts. This shift is likely to lead to faster resolutions of criminal cases, enabling a more direct path for appeals, particularly in sensitive matters such as death penalty cases which are presently under the jurisdiction of the Court of Criminal Appeals.
HJR90 proposes a significant constitutional amendment aimed at reforming the judicial framework of Texas by abolishing the Court of Criminal Appeals and vesting all appellate jurisdiction—both civil and criminal—exclusively in the Supreme Court. This proposal intends to streamline the appellate process, consolidating criminal and civil appeals under a single supreme authority, which its proponents argue will enhance the efficiency and coherence of the state's judicial system. The amendment is expected to replace the existing dual court system with a more centralized judicial authority, simplifying the legal landscape for defendants and plaintiffs alike.
However, the bill also raises notable concerns and points of contention. Critics argue that abolishing the Court of Criminal Appeals may undermine the specialization and focus that the current system provides for handling criminal cases. Legal experts express concerns that the consolidation of both civil and criminal appellate functions into one court could overburden the Supreme Court, diverting resources and attention away from civil matters—potentially leading to delays and affecting the quality of judicial review in both domains. Additionally, there are fears that this centralization of judicial power might affect the diversity of judicial opinions and weaken checks within the appellate process.
The intended effects of the proposed amendment would not be instantaneous; it includes transitional provisions designed to ensure that cases pending before the abolished court would automatically transfer to the Supreme Court. The bill specifies that it should take effect on January 1, 2016, allowing time for the judicial system to adapt to the changes. Overall, while HJR90 aims for increased administrative efficacy, the implications of this restructuring must be carefully evaluated to preserve judicial independence and the integrity of criminal justice in Texas.