Texas Constitutional Convention Updates
Texas
Constitutional Convention Updates
Section 1. The judicial duties of the national court shall be vested in one supreme court and in one district court per district. The national courts shall only hear cases concerning international treaty disagreements, public officials, military or maritime issues, internal government disputes, or disputes between county governments. The trial of public officials in a national level court shall not prevent their trial in a Texas county court for the same offense.
Section 2. Justices shall serve four-year terms, with compensation to be determined by the National Assembly. Compensation for justices shall not be changed during the term in which they were elected.
Section 3. Texas shall be divided into convenient judicial districts, not less than thirteen nor more than thirty, concurrent with existing county lines, to be reapportioned based on the votes cast in the last general election, but not more often than every ten years. A justice shall be elected by ballot of the qualified voters of each district. Each district justice shall reside in the district and hold court at the designated district seat which shall be determined by the National Assembly.
Section 4. One clerk shall be elected for each district court, to be elected at the same time and serve the same term as the district justice. The district clerk's duties and compensation shall be determined by the National Assembly.
Section 5. District Court Trials
a. Litigants in district courts may elect to have the justice hear and decide the case or they may exercise their right of a jury trial. The right of a jury trial by either party takes precedence over the option to waive that right by the other.
b. Jury trials shall be conducted by the same rules of proceedings as the Texas county courts.
c. The district courts shall contract with private or county penal facilities to satisfy judgments of incarceration.
Section 6. The supreme court shall consist of a chief justice and twelve associate justices with district justices serving in rotation as associate justices of the supreme court. Three-fourths of the associate justices and the chief justice shall constitute a quorum to proceed. The district justices shall rotate their positions on the supreme court every session. All members voting on each case shall place their handwritten signature on the decision with their vote as yes to uphold or no to overturn the case.
Section 7. The chief justice of the supreme court shall be appointed by a two-thirds vote of the district justices. The chief justice shall have no other official duties, shall hold office for four years, not to exceed his elected term of office, shall not hold office for more than two consecutive terms, and shall vote only in the case of a tie vote among the associate justices.
Section 8. The supreme court shall have exclusive appellate jurisdiction for district court cases only. Decisions of the supreme court shall be conclusive within the limits of Texas. The supreme court shall hold its sessions quarterly, at such times and places as may be fixed by the National Assembly by a simple majority vote. All cases shall be decided by no less than a two-thirds majority of the voting members of the supreme court. No associate justices shall sit on a case heard by them in any district court.
Section 9. Complete records of every court proceeding shall be made publicly available immediately after filing in an easily searchable form and shall be open for public inspection. Records shall be filed within 30 days of completion of each court proceeding.
Section 10. National courts are authorized to establish procedures, rules, and regulations only for the administration and implementation of their duties. All court proceedings shall be open to the public at all times.
Section 11. National government courts shall maintain and operate facilities to perform duties specified by this constitution and shall prepare annual budgets which shall be presented to the National Assembly for approval or rejection.
Copyright at Common Law, West El Paso Information Network, 1998
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