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Senate Bill 683 |
Senate Author: Wentworth |
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Effective: 9-1-09 |
House Sponsor: Hartnett |
Senate Bill 683 amends provisions of the Government Code relating to procedures for assigning judges on the recusal or disqualification of a statutory probate court judge. The bill requires the presiding judge of an administrative judicial district, following the issuance of a recusal or disqualification order in a particular case, to assign a statutory probate court judge or a former or retired judge of a statutory probate court to hear the case under certain circumstances and sets out contingencies if a judge is not assigned by a certain deadline. The bill clarifies the employment status of appointed statutory probate court associate judges when the appointing judge vacates office, provides circumstances in which the associate judge may continue the administrative business of the court, and prohibits the associate judge from performing any judicial function until a successor judge is appointed or elected. The bill expands the powers of an appointed associate judge and sets forth provisions regarding court reporters, preservation of the record in a hearing held by an associate judge, and consideration of the record by the referring court in a de novo hearing. The bill also authorizes the associate judge's report to be in the form of a proposed order, sets forth the effect of such an order, and authorizes a party to request a de novo hearing before the referring court, rather than authorizing a party to appeal an associate judge's report to the referring court.