Bill Text: TX HR106 | 2013 | 83rd Legislature 2nd Special Session | Introduced
Bill Title: Impeaching and suspending from office Judge Elizabeth Coker, Judge of the 258th Judicial District.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-07-16 - Filed [HR106 Detail]
Download: Texas-2013-HR106-Introduced.html
| 83S20500 BEF-D | ||
| By: Dutton | H.R. No. 106 | |
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| 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. | ||
