HBA-AMW C.S.S.J.R. 3 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.J.R. 3
By: Duncan
Judicial Affairs
5/17/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, Texas justices and judges of the Supreme Court of Texas
and the Court of Criminal Appeals of Texas (justices and judges) are
elected in partisan elections.  These candidates often raise money for
campaigns from political parties and the lawyers who practice before them.
These justices and judges are not required to recuse themselves from cases
involving attorneys or litigants who make large contributions to such
campaigns, which may lead to the appearance of impropriety.  As proposed,
C.S.S.J.R. 3 requires the submission to the voters of a constitutional
amendment permitting the appointment of justices and judges by the
governor, with the consent of the senate. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this resolution
does not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.S.J.R. 3 amends the Texas Constitution to provide that, on appointment
by the governor to a vacancy, a chief justice or justice of the Supreme
Court of Texas or a presiding judge or judge of the Court of Criminal
Appeals of Texas (justice or judge) serves an initial term that ends on
January 31 of the oddnumbered year that occurs after the justice or judge
takes the oath of office.  The resolution requires that a justice or judge
be appointed by the governor, subject to confirmation by the senate. 

FOR ELECTION

This proposed constitutional amendment shall be submitted to the voters at
an election to be held  
November 6, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.J.R. 3 modifies the original resolution by requiring a chief justice
or justice of the Supreme Court of Texas or a presiding judge or judge of
the Court of Criminal Appeals of Texas (justice or judge) to be appointed
by the governor, subject to confirmation by the senate, rather than by
requiring the justice or judge following the appointed term to be subject,
in the manner provided by law, to retention or rejection on a nonpartisan
ballot and to hold the office for six years on each successive retention by
the voters.  The substitute differs from the original resolution by
providing that, on appointment to a vacancy, a justice or judge serves an
initial term that ends January 31 of the odd-numbered year, rather than
January 1 of the third odd-numbered year, that occurs after the justice or
judge takes the oath of office.  

The substitute removes provisions regarding the appointment and retention
or rejection of chief justice and justices of the court of appeals,
nonpartisan retention elections for justices and judges, and the effective
date of the resolution.