| 1 | 1 | | By: Murr H.J.R. No. 202 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A JOINT RESOLUTION |
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| 5 | 5 | | proposing a constitutional amendment regarding the composition of |
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| 6 | 6 | | the State Commission on Judicial Conduct. |
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| 7 | 7 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 1-a(2) and Section 1-a(5), Article V, |
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| 9 | 9 | | Texas Constitution, is amended to read as follows: |
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| 10 | 10 | | (2) The State Commission on Judicial Conduct consists |
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| 11 | 11 | | of thirteen (13) members, to wit: (i) one (1) Justice of a Court of |
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| 12 | 12 | | Appeals; (ii) one (1) District Judge; (iii) [two (2) members of the |
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| 13 | 13 | | State Bar, who have respectively practiced as such for over ten (10) |
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| 14 | 14 | | consecutive years next preceding their selection;] [(iv)] seven (7) |
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| 15 | 15 | | [five (5)] citizens, at least thirty (30) years of age, not |
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| 16 | 16 | | [licensed to practice law nor] holding any salaried public office |
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| 17 | 17 | | or employment; (iv) [(v)] one (1) Justice of the Peace; (v) [(vi)] |
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| 18 | 18 | | one (1) Judge of a Municipal Court; (vi) [(vii)] one (1) Judge of a |
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| 19 | 19 | | County Court at Law; and (vii) [(viii)] one (1) Judge of a |
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| 20 | 20 | | Constitutional County Court; provided that no person shall be or |
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| 21 | 21 | | remain a member of the Commission, who does not maintain physical |
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| 22 | 22 | | residence within this State, or who shall have ceased to retain the |
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| 23 | 23 | | qualifications above specified for that person's respective class |
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| 24 | 24 | | of membership, and provided that a Commissioner of class (i), (ii), |
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| 25 | 25 | | [(iii),] (vi) [(vii)], or (vii) [(viii)] may not reside or hold a |
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| 26 | 26 | | judgeship in the same court of appeals district as another member of |
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| 27 | 27 | | the Commission. Commissioners of classes (i), (ii), (vii), and |
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| 28 | 28 | | (viii) above shall be chosen by the Supreme Court with advice and |
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| 29 | 29 | | consent of the Senate, [those of class (iii) by the Board of |
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| 30 | 30 | | Directors of the State Bar under regulations to be prescribed by the |
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| 31 | 31 | | Supreme Court with advice and consent of the Senate,] those of class |
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| 32 | 32 | | (iii) [(iv)] by appointment of the Governor with advice and consent |
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| 33 | 33 | | of the Senate, and the commissioners of classes (iv) and (v) [and |
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| 34 | 34 | | (vi)] by appointment of the Supreme Court as provided by law, with |
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| 35 | 35 | | the advice and consent of the Senate. |
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| 36 | 36 | | (5) The Commission may hold its meetings, hearings and |
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| 37 | 37 | | other proceedings at such times and places as it shall determine but |
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| 38 | 38 | | shall meet at Austin at least once each year. The governor [It] |
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| 39 | 39 | | shall annually select one of the Commission's [its] members as |
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| 40 | 40 | | Chairman. A quorum shall consist of seven (7) members. Proceedings |
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| 41 | 41 | | shall be by majority vote of those present, except that |
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| 42 | 42 | | recommendations for retirement, censure, suspension, or removal of |
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| 43 | 43 | | any person holding an office named in Paragraph A of Subsection (6) |
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| 44 | 44 | | of this Section shall be by affirmative vote of at least seven (7) |
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| 45 | 45 | | members. |
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| 46 | 46 | | SECTION 2. This proposed constitutional amendment shall be |
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| 47 | 47 | | submitted to the voters at an election to be held November 7, 2023. |
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| 48 | 48 | | The ballot shall be printed to permit voting for or against the |
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| 49 | 49 | | proposition: "The constitutional amendment regarding the |
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| 50 | 50 | | composition of the State Commission on Judicial Conduct and the |
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| 51 | 51 | | removal of justices and judges from office." |
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