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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain retired or former district |
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court judges for assignment as a visiting judge. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 74.055, Government Code, is amended by |
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amending Subsections (c) and (f) and adding Subsection (d) to read |
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as follows: |
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(c) To be eligible to be named on the list, a retired or |
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former judge must: |
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(1) have served as an active judge for at least 96 |
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months in a district, statutory probate, statutory county, or |
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appellate court; |
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(2) have developed substantial experience in the |
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judge's area of specialty; |
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(3) not have been removed from office; |
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(4) except as provided by Subsection (d), certify |
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under oath to the presiding judge, on a form prescribed by the state |
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board of regional judges, that: |
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(A) the judge has never been publicly reprimanded |
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or censured by the State Commission on Judicial Conduct; and |
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(B) the judge: |
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(i) did not resign or retire from office |
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after the State Commission on Judicial Conduct notified the judge |
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of the commencement of a full investigation into an allegation or |
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appearance of misconduct or disability of the judge as provided in |
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Section 33.022 and before the final disposition of that |
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investigation; or |
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(ii) if the judge did resign from office |
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under circumstances described by Subparagraph (i), was not publicly |
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reprimanded or censured as a result of the investigation; |
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(5) annually demonstrate that the judge has completed |
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in the past state fiscal year the educational requirements for |
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active district, statutory probate, and statutory county court |
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judges; and |
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(6) certify to the presiding judge a willingness not |
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to appear and plead as an attorney in any court in this state for a |
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period of two years. |
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(d) Notwithstanding Subsection (c)(4), a retired or former |
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district court judge is eligible to be named on the list if the |
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retired or former district court judge certifies under oath to the |
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presiding judge, on a form prescribed by the state board of regional |
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judges, that during the 15 years preceding assignment under this |
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section: |
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(1) the judge has not been publicly reprimanded or |
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censured by the State Commission on Judicial Conduct; and |
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(2) the judge: |
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(A) did not resign or retire from office after |
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the State Commission on Judicial Conduct notified the judge of the |
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commencement of a full investigation into an allegation or |
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appearance of misconduct or disability of the judge as provided in |
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Section 33.022 and before the final disposition of that |
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investigation; or |
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(B) if the judge did resign from office under |
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circumstances described by Paragraph (A), was not publicly |
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reprimanded or censured as a result of the investigation. |
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(f) A former or retired judge of a statutory probate, |
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statutory county, or appellate court is ineligible to be named on |
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the list if the former or retired judge is identified in a public |
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statement issued by the State Commission on Judicial Conduct as |
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having resigned or retired from office in lieu of discipline. A |
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former or retired district court judge is ineligible to be named on |
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the list if during the 15 years preceding appointment under this |
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section the former or retired judge is identified in a public |
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statement issued by the State Commission on Judicial Conduct as |
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having resigned or retired from office in lieu of discipline. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |