Texas Constitutional Convention Updates
Texas
Constitutional Convention Updates
Section 1. Any individual accused of a crime or tort shall be:
a. presumed innocent until proven guilty;
b. given the opportunity of facing the accusers in court;
c. granted a trial by a randomly selected jury of twelve other individuals;
d. informed of the exact nature of the charges;
e. given adequate notice for preparing a defense;
f. given access to all evidence collected; and
g. given the opportunity, if convicted, of appealing to at least three other county courts in the same or adjacent Texas counties.
Section 2. No individual shall be forced to testify. Litigants may appear in person or may be represented by counsel of their choosing.
Section 3. Each county shall create and maintain at least one county court. Counties may create and maintain additional county courts as necessary.
Section 4. County courts have original jurisdiction for all cases involving the violation of rights of any individual and for extradition requests. Complaints must be filed in a county court within the precinct or county where the alleged offense occurred or where the subject of the extradition request is currently located. The Law to be administered by the courts shall be as defined in this constitution. County courts have no jurisdiction over contract disputes except those involving bad faith breach of contract. All other contract disputes shall be resolved as stated in the contract.
Section 5. Grand Juries
a. Each county shall have at least one Grand Jury, consisting of twenty-three Texas citizens living in the county.
b. Jurors shall be chosen at random with compensation and terms of service determined by the county administrative council.
c. Prior to seating, each juror shall be required to make the following oath or affirmation:
I, (insert full and correct name), will carefully consider all information, testimony, and evidence to be presented in this Grand Jury hearing and will endeavor to the best of my ability to determine if a crime as defined in the constitution has been committed and if it is probable that the accused is responsible for committing the crime.
If the juror refuses to make the oath or affirmation, the juror shall be released from service without compensation and another juror shall be selected.
d. If any juror becomes unable to complete service on the grand jury, a replacement juror shall be chosen.
e. Upon complaint of an alleged crime and presentation of sufficient cause, the grand jury shall direct the sheriff to conduct an investigation of the alleged crime.
f. A grand jury indictment shall be issued only when an investigation by the sheriff shows sufficient cause, as determined by the grand jury, at which time any individual may file charges against the accused.
g. Each grand jury shall elect a foreman from among its members. The county clerk or appointed deputy shall record grand jury proceedings, which shall be closed to all except witnesses called by the grand jury.
h. The grand jury shall hold a hearing on each complaint no later than thirty days following the filing of the complaint.
i. The grand jury may issue warrants for search or seizure provided that:
(1) the warrant specifically names the place to be searched and specifically describes the person or thing to be seized; and
(2) the grand jury has in its possession at the time an affidavit supported by oath or affirmation that evidence of a crime is located at the place to be searched or that the person to be seized is guilty of a crime. Any property siezed must be evidence of the crime described in the warrant.
j. All decisions of the grand jury shall be by majority vote, the foreman voting only in the case of a tie vote.
Section 6. County Court Juries
a. All county court proceedings shall be open to the public.
b. A jury pool of no fewer than twenty-four Texas citizens living in the county where the court is located shall be chosen at random. Compensation and terms of service for jurors and jury pool members shall be determined by the county administrative council provided that juries serve for a minimum of one case.
c. A jury of twelve individuals shall be impaneled by lot from the available jury pool. The justice shall direct the bailiff to draw names for jury selection. A total of fourteen names shall be drawn for a panel of twelve jurors and two alternates. Any member of the jury pool scheduled to participate in a trial for which a jury is being selected shall be excluded from the jury for that trial.
d. A juror may be removed from a jury by a unanimous vote of the other jurors only if the juror fails to appear at the appointed times and places or is known to be a close family member of the accused or the accuser. In the event that a juror is so removed, an alternate juror shall be impaneled.
e. Prior to the seating of each juror, the juror shall be required to make the following oath or affirmation.
I, (insert full and correct name), will carefully consider all information, testimony, and evidence to be presented in this trial and will endeavor to the best of my ability to determine if a crime as defined in the constitution has been committed and if, beyond all reasonable doubt, the accused committed the crime. If compensation is requested, I will endeavor to the best of my ability to determine if the damages were caused by the accused and if the compensation requested by the accuser is reasonable and just.
If the juror refuses to make the oath or affirmation, the juror shall be released from service without compensation and a replacement juror shall be selected.
f. The impaneled jury shall select a foreman from its members.
g. Prior to the trial, the justice shall inform the jury of general court decorum and the general sequence of case presentations, rebuttals, witness questioning, and summations. The justice shall inform the jury concerning the chain of evidence and what he believes is customarily expected for that evidence to be considered. The justice shall inform the jury that they are not bound by anyone's opinions. The justice shall not render any legal opinions nor rule on the admissability of any evidence or testimony.
h. The justice shall preside over and keep order in all proceedings of the court. Jury members may, by majority vote, overrule any decision of the justice regarding ejection of individuals from the court.
i. The jury shall hear all testimony and view all evidence presented, may question witnesses concerning their testimony, and may request additional information from any source the jury deems appropriate.
j. The jury shall first determine if the alleged actions violated the law and then the facts of the case. After all evidence has been heard, the jury may deliberate its final decision privately until a verdict is reached. They shall render their decision, verdict, or order concerning all aspects of the case as they deem just and proper. All convictions shall be by unanimous jury vote only; otherwise, the accused shall be acquitted. All tort verdicts must be by majority vote, the foreman not voting.
k. Penalty for the accused, if found guilty of a crime, shall be determined by the jury by majority vote, the foreman not voting, except that the death penalty may be imposed only by a unanimous vote of the jury and for a crime which resulted in the death of another individual or individuals.
l. In any case, the jury may award monetary compensation against the accuser, paid to the accused, if the charges are found to be frivilous or malicious.
Section 7. County Court Appeals
a. Any individual found guilty in a county court may appeal that decision.
b. Appeals must be filed in a county court in the same or adjacent Texas counties within thirty days of the previous jury decision. No individual may be a juror on more than one trial of the accused for the same offense. If any of the courts of appeal find for the accused, no other action may be taken by any county court for the same offense.
c. The first appeal shall be a review of the procedures to determine that all constitutional guarantees were observed.
d. If the court in the first appeal finds against the accused, a second or third appeal may be made by the accused to county courts in the same or adjacent Texas counties. The entire case shall be presented to juries using the same procedures as the original trial. The decision of the third appeal is final.
Section 8. No juror shall be tried for any decision rendered while serving on a jury.
Section 9. Writ of Habeas Corpus
a. Any individual may petition any justice of any county court with a writ of habeas corpus on behalf of any individual whose liberty is restrained or denied.
b. The request for writ shall be addressed by name or title to the individual holding the individual in question, and shall describe the individual being held by any means that will allow the individual to be identified.
c. The request must show cause and sufficient evidence to warrant action on the writ and must be supported by oath or affirmation of the content.
d. The request for a writ of habeas corpus shall never be disregarded and shall be acted upon by the individual holding the individual in question with all haste and never later than eight hours after the request is presented.
e. Any official who refuses to act on a lawfully executed request for writ, who delays action on a lawfully issued writ, or who is found to have aided or abetted another in such delay or refusal shall be held accountable under the law. Any justice who is approached with evidence of such delay or refusal shall immediately issue a warrant for the arrest of the official in question.
Copyright at Common Law, West El Paso Information Network, 1998
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