Bill Text: TX HJR117 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Proposing a constitutional amendment changing the terms of office of certain judicial offices.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-04 - Left pending in committee [HJR117 Detail]
Download: Texas-2017-HJR117-Introduced.html
85R15648 CAE-D | ||
By: Smithee | H.J.R. No. 117 |
|
||
proposing a constitutional amendment changing the terms of office | ||
of certain judicial offices. | ||
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2(c), Article V, Texas Constitution, is | ||
amended to read as follows: | ||
(c) Said Justices shall be elected [ |
||
|
||
shall hold their offices for staggered terms of eight [ |
||
and shall each receive such compensation as shall be provided by | ||
law. | ||
SECTION 2. Section 4(a), 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. The Presiding Judge and the Judges | ||
shall be elected by the qualified voters of the state at a general | ||
election and shall hold their offices for staggered terms [ |
||
of eight [ |
||
SECTION 3. Section 6(b), 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. Said Justices shall be | ||
elected by the qualified voters of their respective districts at a | ||
general election, for staggered terms [ |
||
and shall receive for their services the sum provided by law. | ||
SECTION 4. Section 7, Article V, Texas Constitution, is | ||
amended to read as follows: | ||
Sec. 7. 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. Each district judge shall be elected | ||
by the qualified voters at a General Election and shall be a citizen | ||
of the United States and of this State, 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 four [ |
||
preceding the judge's [ |
||
district in which the judge [ |
||
next preceding the [ |
||
district during the judge's [ |
||
office for the period of six [ |
||
for the judge's [ |
||
Legislature. 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 judge [ |
||
judge's [ |
||
district in such manner as may be prescribed by law. 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 5. Section 28, Article V, Texas Constitution, is | ||
amended by amending Subsection (a) and adding Subsection (c) 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[ |
||
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) A vacancy in the office of Judge of a District Court | ||
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 a full term, as specified by Section 7, Article | ||
V, of this constitution. | ||
SECTION 6. The following temporary provision is added to | ||
the Texas Constitution: | ||
TEMPORARY PROVISION. (a) This temporary provision applies | ||
to the constitutional amendment proposed by the 85th Legislature, | ||
Regular Session, 2017, changing the terms of office of justices of | ||
the supreme court, judges of the court of criminal appeals, | ||
justices of the courts of appeals, and district judges. | ||
(b) The amendment to Section 2(c), Article V, of this | ||
constitution takes effect January 1, 2018, and applies only to the | ||
term of a chief justice or justice of the supreme court that begins | ||
on the expiration of the term the length of which is prescribed by | ||
the subdivisions of this subsection. The term of a chief justice or | ||
justice of the supreme court who was elected or appointed before | ||
January 1, 2018, expires, unless the justice is otherwise removed | ||
as provided by law, at the end of the term to which the justice was | ||
elected or appointed. On the expiration of that term, the length of | ||
the next elected term for the chief justice or justice, unless | ||
otherwise removed as provided by law, is as follows: | ||
(1) the three persons serving as justices of the | ||
supreme court whose terms to which the persons were elected or | ||
appointed expire on December 31, 2018, shall draw lots to determine | ||
the two of their places on the court for which justices will be | ||
elected at the general election for state officers held in 2018 to | ||
serve six-year terms and the one of their places on the court for | ||
which a justice will be elected at the general election for state | ||
officers held in 2018 to serve an eight-year term; | ||
(2) the person elected to serve as chief justice of the | ||
supreme court at the general election for state officers held in | ||
2020 will serve an eight-year term; | ||
(3) the other two persons serving as justices of the | ||
supreme court whose terms to which the persons were elected or | ||
appointed expire on December 31, 2020, shall draw lots to determine | ||
the one of their places on the court for which a justice will be | ||
elected at the general election for state officers held in 2020 to | ||
serve a six-year term and the one of their places on the court for | ||
which a justice will be elected at the general election for state | ||
officers held in 2020 to serve an eight-year term; and | ||
(4) the three persons serving as justices of the | ||
supreme court whose terms to which the persons were elected or | ||
appointed expire on December 31, 2022, shall draw lots to determine | ||
the one of their places on the court for which a justice will be | ||
elected at the general election for state officers held in 2022 to | ||
serve a six-year term and the two of their places on the court for | ||
which justices will be elected at the general election for state | ||
officers held in 2022 to serve an eight-year term. | ||
(c) The amendment to Section 4(a), Article V, of this | ||
constitution takes effect January 1, 2018, and applies only to the | ||
term of a presiding judge or other judge of the court of criminal | ||
appeals that begins on the expiration of the term the length of | ||
which is prescribed by the subdivisions of this subsection. The | ||
term of a presiding judge or other judge of the court of criminal | ||
appeals who was elected or appointed before January 1, 2018, | ||
expires, unless the judge is otherwise removed as provided by law, | ||
at the end of the term to which the judge was elected or appointed. | ||
On the expiration of that term, the length of the next elected term | ||
for the presiding judge or other judge, unless otherwise removed as | ||
provided by law, is as follows: | ||
(1) the person elected to serve as presiding judge of | ||
the court of criminal appeals at the general election for state | ||
officers held in 2018 will serve an eight-year term; | ||
(2) the other two persons elected to serve as judges of | ||
the court of criminal appeals at the general election for state | ||
officers held in 2018 will serve six-year terms; | ||
(3) the three persons serving as judges of the court of | ||
criminal appeals whose terms to which the persons were elected or | ||
appointed expire on December 31, 2020, shall draw lots to determine | ||
the two of their places on the court for which judges will be | ||
elected at the general election for state officers held in 2020 to | ||
serve eight-year terms and the one of their places on the court for | ||
which a judge will be elected at the general election for state | ||
officers held in 2020 to serve a six-year term; and | ||
(4) the three persons serving as judges of the court of | ||
criminal appeals whose terms to which the persons were elected or | ||
appointed expire on December 31, 2022, shall draw lots to determine | ||
the two of their places on the court for which judges will be | ||
elected at the general election for state officers held in 2022 to | ||
serve eight-year terms and the one of their places on the court for | ||
which a judge will be elected at the general election for state | ||
officers held in 2022 to serve a six-year term. | ||
(d) The amendment to Section 6(b), Article V, of this | ||
constitution takes effect January 1, 2018, and applies only to the | ||
term of a chief justice or other justice of a court of appeals that | ||
begins on the expiration of the term the length of which is | ||
prescribed by the subdivisions of this subsection. The term of a | ||
chief justice or other justice of a court of appeals who was elected | ||
or appointed before January 1, 2018, expires, unless the justice is | ||
otherwise removed as provided by law, at the end of the term to | ||
which the justice was elected or appointed. On the expiration of | ||
that term, the length of the next elected term for the chief justice | ||
or other justice, unless otherwise removed as provided by law, is as | ||
follows: | ||
(1) for the First Court of Appeals: | ||
(A) the five persons serving as justices whose | ||
terms to which the persons were elected or appointed expire on | ||
December 31, 2018, shall draw lots to determine the two of their | ||
places on the court for which justices will be elected at the | ||
general election for state officers held in 2018 to serve six-year | ||
terms and the three of their places on the court for which justices | ||
will be elected at the general election for state officers held in | ||
2018 to serve eight-year terms; | ||
(B) the persons elected to serve as justices at | ||
the general election for state officers held in 2020 will serve | ||
eight-year terms; | ||
(C) the person elected to serve as chief justice | ||
at the general election for state officers held in 2022 will serve | ||
an eight-year term; and | ||
(D) the other person elected to serve as a | ||
justice at the general election for state officers held in 2022 will | ||
serve an eight-year term; | ||
(2) for the Second Court of Appeals: | ||
(A) the person elected to serve as chief justice | ||
at the general election for state officers held in 2018 will serve | ||
an eight-year term; | ||
(B) the other three persons serving as justices | ||
whose terms to which the persons were elected or appointed expire on | ||
December 31, 2018, shall draw lots to determine the one of their | ||
places on the court for which a justice will be elected at the | ||
general election for state officers held in 2018 to serve an | ||
eight-year term and the two of their places on the court for which | ||
justices will be elected at the general election for state officers | ||
held in 2018 to serve six-year terms; | ||
(C) the persons elected to serve as justices at | ||
the general election for state officers held in 2020 will serve | ||
eight-year terms; and | ||
(D) the person elected to serve as a justice at | ||
the general election for state officers held in 2022 will serve an | ||
eight-year term; | ||
(3) for the Third Court of Appeals: | ||
(A) the four persons serving as justices whose | ||
terms to which the persons were elected or appointed expire on | ||
December 31, 2018, shall draw lots to determine the two of their | ||
places on the court for which justices will be elected at the | ||
general election for state officers held in 2018 to serve six-year | ||
terms and the two of their places on the court for which justices | ||
will be elected at the general election for state officers held in | ||
2018 to serve eight-year terms; | ||
(B) the person elected to serve as chief justice | ||
at the general election for state officers held in 2020 will serve | ||
an eight-year term; and | ||
(C) the person elected to serve as a justice at | ||
the general election for state officers held in 2022 will serve an | ||
eight-year term; | ||
(4) for the Fourth Court of Appeals: | ||
(A) the five persons serving as justices whose | ||
terms to which the persons were elected or appointed expire on | ||
December 31, 2018, shall draw lots to determine the two of their | ||
places on the court for which justices will be elected at the | ||
general election for state officers held in 2018 to serve six-year | ||
terms and the three of their places on the court for which justices | ||
will be elected at the general election for state officers held in | ||
2018 to serve eight-year terms; | ||
(B) the person elected to serve as chief justice | ||
at the general election for state officers held in 2020 will serve | ||
an eight-year term; and | ||
(C) the person elected to serve as a justice at | ||
the general election for state officers held in 2022 will serve an | ||
eight-year term; | ||
(5) for the Fifth Court of Appeals: | ||
(A) the person elected to serve as chief justice | ||
at the general election for state officers held in 2018 will serve | ||
an eight-year term; | ||
(B) the other seven persons serving as justices | ||
whose terms to which the persons were elected or appointed expire on | ||
December 31, 2018, shall draw lots to determine the four of their | ||
places on the court for which justices will be elected at the | ||
general election for state officers held in 2018 to serve six-year | ||
terms and the three of their places on the court for which justices | ||
will be elected at the general election for state officers held in | ||
2018 to serve eight-year terms; | ||
(C) the persons elected to serve as justices at | ||
the general election for state officers held in 2020 will serve an | ||
eight-year term; and | ||
(D) the persons elected to serve as justices at | ||
the general election for state officers held in 2022 will serve | ||
eight-year terms; | ||
(6) for the Sixth Court of Appeals: | ||
(A) the person elected to serve as a justice at | ||
the general election for state officers held in 2018 will serve an | ||
eight-year term; | ||
(B) the person elected to serve as a justice at | ||
the general election for state officers held in 2020 will serve an | ||
eight-year term; and | ||
(C) the person elected to serve as chief justice | ||
at the general election for state officers held in 2022 will serve | ||
an eight-year term; | ||
(7) for the Seventh Court of Appeals: | ||
(A) the two persons serving as justices whose | ||
terms to which the persons were elected or appointed expire on | ||
December 31, 2018, shall draw lots to determine the one of their | ||
places on the court for which a justice will be elected at the | ||
general election for state officers held in 2018 to serve a six-year | ||
term and the one of their places on the court for which a justice | ||
will be elected at the general election for state officers held in | ||
2018 to serve an eight-year term; | ||
(B) the person elected to serve as chief justice | ||
at the general election for state officers held in 2020 will serve | ||
an eight-year term; and | ||
(C) the person elected to serve as a justice at | ||
the general election for state officers held in 2022 will serve an | ||
eight-year term; | ||
(8) for the Eighth Court of Appeals: | ||
(A) the person elected to serve as a justice at | ||
the general election for state officers held in 2018 will serve an | ||
eight-year term; | ||
(B) the person elected to serve as a justice at | ||
the general election for state officers held in 2022 will serve an | ||
eight-year term; and | ||
(C) the person elected to serve as chief justice | ||
at the general election for state officers held in 2020 will serve | ||
an eight-year term; | ||
(9) for the Ninth Court of Appeals: | ||
(A) the two persons serving as justices whose | ||
terms to which the persons were elected or appointed expire on | ||
December 31, 2018, shall draw lots to determine the one of their | ||
places on the court for which a justice will be elected at the | ||
general election for state officers held in 2018 to serve a six-year | ||
term and the one of their places on the court for which a justice | ||
will be elected at the general election for state officers held in | ||
2018 to serve an eight-year term; | ||
(B) the person elected to serve as chief justice | ||
at the general election for state officers held in 2020 will serve | ||
an eight-year term; and | ||
(C) the person elected to serve as a justice at | ||
the general election for state officers held in 2022 will serve an | ||
eight-year term; | ||
(10) for the Tenth Court of Appeals: | ||
(A) the person elected to serve as chief justice | ||
at the general election for state officers held in 2018 will serve | ||
an eight-year term; | ||
(B) the person elected to serve as a justice at | ||
the general election for state officers held in 2020 will serve an | ||
eight-year term; and | ||
(C) the person elected to serve as a justice at | ||
the general election for state officers held in 2022 will serve an | ||
eight-year term; | ||
(11) for the Eleventh Court of Appeals: | ||
(A) the person elected to serve as chief justice | ||
at the general election for state officers held in 2018 will serve | ||
an eight-year term; | ||
(B) the person elected to serve as justice at the | ||
general election for state officers held in 2020 will serve an | ||
eight-year term; and | ||
(C) the person elected to serve as a justice at | ||
the general election for state officers held in 2022 will serve an | ||
eight-year term; | ||
(12) for the Twelfth Court of Appeals: | ||
(A) the person elected to serve as a justice at | ||
the general election for state officers held in 2018 will serve an | ||
eight-year term; | ||
(B) the person elected to serve as chief justice | ||
at the general election for state officers held in 2020 will serve | ||
an eight-year term; and | ||
(C) the person elected to serve as a justice at | ||
the general election for state officers held in 2022 will serve an | ||
eight-year term; | ||
(13) for the Thirteenth Court of Appeals: | ||
(A) the person elected to serve as chief justice | ||
at the general election for state officers held in 2018 will serve | ||
an eight-year term; | ||
(B) the other three persons serving as justices | ||
whose terms to which the persons were elected or appointed expire on | ||
December 31, 2018, shall draw lots to determine the two of their | ||
places on the court for which justices will be elected at the | ||
general election for state officers held in 2018 to serve six-year | ||
terms and the one of their places on the court for which a justice | ||
will be elected at the general election for state officers held in | ||
2018 to serve an eight-year term; | ||
(C) the person elected to serve as a justice at | ||
the general election for state officers held in 2020 will serve an | ||
eight-year term; and | ||
(D) the person elected to serve as a justice at | ||
the general election for state officers held in 2022 will serve an | ||
eight-year term; and | ||
(14) for the Fourteenth Court of Appeals: | ||
(A) the five persons serving as justices whose | ||
terms to which the persons were elected or appointed expire on | ||
December 31, 2018, shall draw lots to determine the two of their | ||
places on the court for which justices will be elected at the | ||
general election for state officers held in 2018 to serve six-year | ||
terms and the three of their places on the court for which justices | ||
will be elected at the general election for state officers held in | ||
2018 to serve eight-year terms; | ||
(B) the person elected to serve as chief justice | ||
at the general election for state officers held in 2020 will serve | ||
an eight-year term; | ||
(C) the person elected to serve as justice at the | ||
general election for state officers held in 2020 will serve an | ||
eight-year term; and | ||
(D) the persons elected to serve as justices at | ||
the general election for state officers held in 2022 will serve | ||
eight-year terms. | ||
(e) The amendments to Sections 7 and 28, Article V, of this | ||
constitution take effect January 1, 2018. The amendment to Section | ||
7 applies only to the term of a district judge that begins on or | ||
after January 1, 2018. The term of a district judge who was elected | ||
or appointed before January 1, 2018, expires, unless the judge is | ||
otherwise removed as provided by law, at the end of the term to | ||
which the judge was elected or appointed. On the expiration of that | ||
term, the length of the next elected term for the judge of that | ||
district is six years. | ||
(f) This temporary provision expires January 1, 2032. | ||
SECTION 7. This proposed constitutional amendment shall be | ||
submitted to the voters at an election to be held November 7, 2017. | ||
The ballot shall be printed to provide for voting for or against the | ||
proposition: "The constitutional amendment changing the terms of | ||
office of justices of the supreme court, judges of the court of | ||
criminal appeals, justices of the courts of appeals, and district | ||
judges." |