Texas Constitutional Convention Updates
Texas
Constitutional Convention Updates
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Section 1. The judicial duties of the national government shall be vested in one supreme court and in one district court per district. The national courts may 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 court of common justice for the same offense.
Section 2. Justices shall be compensated for their services. Their compensation may not be changed during the term in which they were elected. Justices shall have their compensation determined by the Congress.
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 electors for each district. Each district justice shall reside in the district and hold court at the designated district seat which shall be determined by Congress.
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 Congress.
Section 5. Litigants in district courts may have the justice hear and decide the case or they may exercise their right to a jury trial. The right to a jury trial by either party takes precedent over the option to waive that right by the other. Jury trials shall be conducted by the same rules of proceedings as the courts of common justice.
Section 6. The supreme court shall consist of a chief justice and twelve associate justices. The district justices, serving in rotation, shall be the associate justices. Three fourths of the associate justices and the chief justice shall constitute a quorum to proceed. The chief justice shall serve as a moderator of the proceedings and shall have no vote in the decision of cases. 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 the president and may not take office until confirmed by a two-thirds vote of the entire Congress. The chief justice shall have no other official duties, shall hold office for three years, and shall not hold office more than two consecutive terms.
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 Congress 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 the 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.
Copyright at Common Law, West El Paso Information Network, 1997
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