| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the assignment of certain retired and former justices |
|
|
and judges. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 74.003(b), Government Code, is amended |
|
|
to read as follows: |
|
|
(b) The chief justice of the supreme court may assign a |
|
|
qualified former or retired justice or judge of the supreme court, |
|
|
of the court of criminal appeals, or of a court of appeals to a court |
|
|
of appeals for active service regardless of whether a vacancy |
|
|
exists in the court to which the justice or judge is assigned. To be |
|
|
eligible for assignment under this subsection, a former or retired |
|
|
justice or judge must: |
|
|
(1) have served as an active justice or judge for at |
|
|
least 72 [96] months in a district, statutory probate, statutory |
|
|
county, or appellate court, with at least 48 of those months in an |
|
|
appellate court; |
|
|
(2) not have been removed from office; |
|
|
(3) certify under oath to the chief justice of the |
|
|
supreme court, on a form prescribed by the chief justice, that: |
|
|
(A) the justice or judge has never been publicly |
|
|
reprimanded or censured by the State Commission on Judicial |
|
|
Conduct; and |
|
|
(B) the justice or judge: |
|
|
(i) did not resign or retire from office |
|
|
after the State Commission on Judicial Conduct notified the justice |
|
|
or judge of the commencement of a full investigation into an |
|
|
allegation or appearance of misconduct or disability of the justice |
|
|
or judge as provided in Section 33.022 and before the final |
|
|
disposition of that investigation; or |
|
|
(ii) if the justice or judge did resign from |
|
|
office under circumstances described by Subparagraph (i), the |
|
|
justice or judge was not publicly reprimanded or censured as a |
|
|
result of the investigation; |
|
|
(4) annually demonstrate that the justice or judge has |
|
|
completed in the past state fiscal year the educational |
|
|
requirements for active appellate court justices or judges; [and] |
|
|
(5) certify to the chief justice of the supreme court a |
|
|
willingness not to appear and plead as an attorney in any court of |
|
|
appeals in this state or district, statutory probate, or statutory |
|
|
county court in a county under the jurisdiction of the appellate |
|
|
court to which the justice or judge is assigned for a period of two |
|
|
years; and |
|
|
(6) certify to the chief justice a willingness not to |
|
|
hear any matter involving a party who is a current or former client |
|
|
of the justice or judge for the duration of the assignment. |
|
|
SECTION 2. Section 74.041(6), Government Code, is amended |
|
|
to read as follows: |
|
|
(6) "Retired judge" means: |
|
|
(A) a retiree; or |
|
|
(B) a person who served as an active judge for at |
|
|
least 72 [96] months in a statutory probate or statutory county |
|
|
court and has retired under the Texas County and District |
|
|
Retirement System. |
|
|
SECTION 3. Section 74.055(c), Government Code, is amended |
|
|
to read as follows: |
|
|
(c) To be eligible to be named on the list, a retired or |
|
|
former judge must: |
|
|
(1) have served as an active judge for at least 72 [96] |
|
|
months in a district, statutory probate, statutory county, or |
|
|
appellate court; |
|
|
(2) have developed substantial experience in the |
|
|
judge's area of specialty; |
|
|
(3) not have been removed from office; |
|
|
(4) certify under oath to the presiding judge, on a |
|
|
form prescribed by the state board of regional judges, that: |
|
|
(A) the judge has never been publicly reprimanded |
|
|
or censured by the State Commission on Judicial Conduct; and |
|
|
(B) the judge: |
|
|
(i) did not resign or retire from office |
|
|
after the State Commission on Judicial Conduct notified the judge |
|
|
of the commencement of a full investigation into an allegation or |
|
|
appearance of misconduct or disability of the judge as provided in |
|
|
Section 33.022 and before the final disposition of that |
|
|
investigation; or |
|
|
(ii) if the judge did resign from office |
|
|
under circumstances described by Subparagraph (i), was not publicly |
|
|
reprimanded or censured as a result of the investigation; |
|
|
(5) annually demonstrate that the judge has completed |
|
|
in the past state fiscal year the educational requirements for |
|
|
active district, statutory probate, and statutory county court |
|
|
judges; [and] |
|
|
(6) certify to the presiding judge a willingness not |
|
|
to appear and plead as an attorney in any court in the |
|
|
administrative judicial region in which the judge is assigned [this |
|
|
state] for a period of two years; and |
|
|
(7) certify to the presiding judge a willingness not |
|
|
to hear any matter involving a party who is a current or former |
|
|
client of the judge for the duration of the assignment. |
|
|
SECTION 4. Sections 74.003(b), 74.041(6), and 74.055(c), |
|
|
Government Code, as amended by this Act, apply only to the |
|
|
assignment of a justice or judge on or after the effective date of |
|
|
this Act. The assignment of a justice or judge before the effective |
|
|
date of this Act is governed by the law in effect on the date of the |
|
|
assignment, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 5. This Act takes effect on the 91st day after the |
|
|
last day of the legislative session. |