Bill Text: TX SJR45 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Proposing a constitutional amendment for filling vacancies in appellate judicial offices by appointment, for partisan elections for all judicial offices, and for subsequent nonpartisan retention elections for all judicial offices.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-04 - Left pending in committee [SJR45 Detail]
Download: Texas-2011-SJR45-Introduced.html
82R13933 JRH-D | ||
By: Duncan | S.J.R. No. 45 |
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proposing a constitutional amendment for filling vacancies in | ||
appellate judicial offices by appointment, for partisan elections | ||
for all judicial offices, and for subsequent nonpartisan retention | ||
elections for all judicial offices. | ||
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2, Article V, Texas Constitution, is | ||
amended by amending Subsections (b) and (c) and adding Subsection | ||
(d) to read as follows: | ||
(b) No person shall be eligible to serve in the office of | ||
Chief Justice or Justice of the Supreme Court unless the person is | ||
licensed to practice law in this state and is, at the time of | ||
election or appointment, a citizen of the United States and of this | ||
state, and has attained the age of thirty-five years, and has been a | ||
practicing lawyer, or a lawyer and judge of a court of record | ||
together at least ten years. | ||
(c) A Chief Justice or Justice [ |
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subject, in the manner provided by law, to election on a partisan | ||
ballot followed by retention or rejection on a nonpartisan ballot | ||
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the state at a general election, and on election and on each | ||
successive retention by the voters[ |
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of [ |
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shall be staggered so that three members of the court are elected or | ||
retained for a full term every two years. On appointment to a | ||
vacancy, a Chief Justice or Justice serves until the next | ||
succeeding general election for state officers, and at that | ||
election the voters shall fill the vacancy for the unexpired term on | ||
a partisan ballot. A Chief Justice or Justice elected to fill an | ||
unexpired term shall be subject to retention in the same manner as a | ||
Chief Justice or Justice elected on a partisan ballot to a full | ||
term. | ||
(d) The Chief Justice and Justices[ |
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the [ |
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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. A [ |
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election on a partisan ballot followed by retention or rejection on | ||
a nonpartisan ballot [ |
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at a general election, and on election and on each successive | ||
retention by the voters shall hold office [ |
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of six years. On appointment to a vacancy, a Presiding Judge or | ||
Judge serves until the next succeeding general election for state | ||
officers, and at that election the voters shall fill the vacancy for | ||
the unexpired term on a partisan ballot. A Presiding Judge or Judge | ||
elected to fill an unexpired term shall be subject to retention in | ||
the same manner as a Presiding Judge or Judge elected on a partisan | ||
ballot to a full term. | ||
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. The Chief Justice or | ||
Justice [ |
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law, to election on a partisan ballot followed by retention or | ||
rejection on a nonpartisan ballot [ |
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of their respective districts at a general election, and on | ||
election and on each successive retention by the voters shall hold | ||
office[ |
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[ |
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provided by law. On appointment to a vacancy, a Chief Justice or | ||
Justice serves until the next succeeding general election for state | ||
officers, and at that election the voters shall fill the vacancy for | ||
the unexpired term on a partisan ballot. A Chief Justice or Justice | ||
elected to fill an unexpired term shall be subject to retention in | ||
the same manner as a Chief Justice or Justice elected on a partisan | ||
ballot to a full term. | ||
SECTION 4. Section 7, Article V, Texas Constitution, is | ||
amended to read as follows: | ||
Sec. 7. (a) 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. | ||
(b) Each district judge shall be subject, in the manner | ||
provided by law, to election [ |
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General Election. At the end of the district judge's initial term | ||
to which the judge was elected and of each successive term, the | ||
judge shall be subject, in the manner provided by law, to retention | ||
or rejection on a nonpartisan ballot. On election and on each | ||
successive retention by the voters, a district judge shall [ |
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[ |
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serves during the judge's term of office[ |
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for the judge's [ |
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Legislature. | ||
(c) A person is not eligible to serve as a district judge | ||
unless the person is 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 years next preceding the person's election or | ||
appointment, and who has resided in the district to which the person | ||
was elected or appointed for two years next preceding the person's | ||
election or appointment. | ||
(d) 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. A district judge [ |
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of the judge's [ |
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judge's [ |
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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. | ||
(e) 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 to read as follows: | ||
Sec. 28. (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 [ |
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filled by the Governor. In exercising its duty to provide advice | ||
and consent on an appointment made by the Governor under Section 12, | ||
Article IV, of this constitution, the senate by rule may provide for | ||
the confirmation or rejection of a person appointed to fill a | ||
vacancy described by this subsection during a recess of the senate | ||
by a two-thirds vote of the membership of a committee of the senate | ||
designated for that purpose. Notwithstanding a temporary | ||
confirmation as provided by this section, Section 12, Article IV, | ||
of this constitution applies to the appointee when the senate next | ||
convenes. | ||
(b) A vacancy in the District Courts 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 | ||
the unexpired term on a partisan ballot. A District Judge elected | ||
to fill an unexpired term shall be subject to retention in the same | ||
manner as a District Judge elected on a partisan ballot to a full | ||
term. | ||
(c) [ |
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of the Peace shall be filled by the Commissioners Court until the | ||
next succeeding General Election. | ||
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 82nd Legislature, | ||
Regular Session, 2011, providing for appointment to fill vacancies | ||
in appellate judicial offices, for partisan elections for all | ||
judicial offices, and for subsequent nonpartisan retention | ||
elections for all judicial offices. | ||
(b) The constitutional amendment takes effect January 1, | ||
2012. | ||
(c) This temporary provision expires January 2, 2012. | ||
SECTION 7. This proposed constitutional amendment shall be | ||
submitted to the voters at an election to be held November 8, 2011. | ||
The ballot shall be printed to provide for voting for or against the | ||
proposition: "The constitutional amendment providing for | ||
appointment, partisan election, and subsequent nonpartisan | ||
retention election for each judicial office of this state." |