Texas Eligibility Requirements for State Judges Amendment, HJR 10 (2017)
| Texas Eligibility Requirements for State Judges Amendment | |
|---|---|
 | |
| Election date November 7, 2017 | |
| Topic State judiciary | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Texas Eligibility Requirements for State Judges Amendment, also known as HJR 10, was not on the ballot in Texas as a legislatively referred constitutional amendment on November 7, 2017.
The measure would have changed the eligibility requirements for people to serve as justices or judges of the Texas Supreme Court, Court of Criminal Appeals, courts of appeals, or district courts.[1]
To serve as a justice or judge of the state Supreme Court, Court of Criminal Appeals, or courts of appeals, a person would have needed to be (a) a practicing lawyer who had been licensed in Texas for at least 10 consecutive years; or (b) a practicing lawyer who had been licensed in the state and served as a state or county court judge for a combined total of at least 10 consecutive years. The measure would have also required that a potential justice's or judge's law license had not been revoked, suspended, or subject to a probated suspension during the previous 10 years.[1]
To be elected as a judge of a district court, a person would have needed to be (a) a practicing lawyer who had been licensed in Texas for at least six years preceding the election; or (b) a practicing lawyer who had been licensed in the state and a state judge for at least six preceding years. The measure would have also required that a potential judge's law license had not been revoked, suspended, or subject to a probated suspension during the previous six years.[1]
Text of measure
Ballot title
The ballot title would have been:[1]
| “ | The constitutional amendment changing the eligibility requirements for a justice of the supreme court, a judge of the court of criminal appeals, a justice of a court of appeals, and a district judge.[2] | ” |
Constitutional changes
- See also: Article 5, Texas Constitution
The measure would have amended Section 2(b) and Section 7 of Article 5 of the Texas Constitution. The following underlined text would have been added, and struck-through text would have been deleted:[1]
Note: Hover over the text and scroll to see the full text.
(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 the State of Texas in this state and is, at the time of election, a citizen of the United States and of the State of Texas this state, and has attained the age of thirty-five years, and has been a practicing lawyer licensed in the State of Texas for at least ten years, or has been a practicing lawyer licensed in the State of Texas and judge of a state court or county court established by the Legislature by statute for a combined total of court of record together at least ten years, during which time the person’s license to practice law has not been revoked, suspended, or subject to a probated suspension.
Section 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 six four (4) years next preceding the judge’s his election, during which time the judge’s license to practice law has not been revoked, suspended, or subject to a probated suspension, who has resided in the district in which the judge he was elected for two (2) years next preceding the his election, and who shall reside in the his district during the judge’s his term of office and hold the his office for the period of four (4) years, and who shall receive for the judge's his services an annual salary to be fixed by the 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 He shall hold the regular terms of the judge's his Court at the County Seat of each County in the his 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.
TEMPORARY PROVISION.
(a) This temporary provision applies to the constitutional amendment proposed by the 85th Legislature, Regular Session, 2017, changing the eligibility requirements for a justice of the supreme court, a judge of the court of criminal appeals, a justice of a court of appeals, and a district judge.
(b) The amendment to Section 2(b), Article V, of this constitution takes effect January 1, 2018, and applies only to a chief justice or other justice of the supreme court, a presiding judge or other judge of the court of criminal appeals, or a chief justice or other justice of a court of appeals who is first elected for a term that begins on or after January 1, 2021, or who is appointed on or after that date.
(c) The amendment to Section 7, Article V, of this constitution takes effect January 1, 2018, and applies only to a district judge who is first elected for a term that begins on or after January 1, 2021, or who is appointed on or after that date.
(d) This temporary provision expires January 1, 2022.[2]
Path to the ballot
- See also: Amending the Texas Constitution
In Texas, a two-thirds vote in both chambers of the Texas State Legislature during one legislative session is required to refer a constitutional amendment to the ballot. Texas is one of 16 states that require a two-thirds supermajority vote in both chambers.
Rep. John T. Smithee (R-86) filed the amendment in the state legislature as House Joint Resolution 10 on March 9, 2017. The Texas House of Representatives approved the amendment 133 to 2 with 15 members not voting on May 11, 2017. The amendment was placed on the state Senate's calendar, but never received a floor vote.[3]
House vote
May 11, 2017[3]
| Texas HJR 10 House Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
 Yes | 133 | 98.52% | ||
| No | 2 | 1.48% | ||
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 Texas Legislature, "House Joint Resolution 10," accessed May 14, 2017
- ↑ 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ 3.0 3.1 Texas Legislature, "HJR 10 Overview," accessed May 14, 2017
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