By: Schechter H.B. No. 702
73R1912 RJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to assignment of visiting judges.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 74.054(a), Government Code, is amended to
1-5 read as follows:
1-6 (a) Except as provided by Subsections (b), <and> (c), and
1-7 (d), the following judges may be assigned as provided by this
1-8 chapter by the presiding judge of the administrative region in
1-9 which the assigned judge resides:
1-10 (1) a regular district, constitutional county, or
1-11 statutory county court judge in this state;
1-12 (2) a district or appellate judge who is a retiree
1-13 under Subtitle D or E of Title 8, who has consented to be subject
1-14 to assignment, and who is on the list maintained by the presiding
1-15 judge under this chapter;
1-16 (3) a former district or appellate judge or retired or
1-17 former statutory county court judge who certifies to the presiding
1-18 judge a willingness to serve and who is on the list maintained by
1-19 the presiding judge as required by this chapter;
1-20 (4) a retiree or a former judge whose last judicial
1-21 office before retirement was justice or judge of the supreme court,
1-22 the court of criminal appeals, or a court of appeals and who has
1-23 been assigned by the chief justice to the administrative judicial
1-24 region in which the retiree or former judge resides for
2-1 reassignment by the presiding judge of that region to a district or
2-2 statutory county court in the region; and
2-3 (5) an active court of appeals justice who has had
2-4 trial court experience.
2-5 SECTION 2. Section 74.054, Government Code, is amended by
2-6 adding Subsection (d) to read as follows:
2-7 (d) A former district judge may not be assigned as a
2-8 visiting judge if the former district judge has been defeated for
2-9 reelection as a district judge.
2-10 SECTION 3. Section 74.055, Government Code, is amended to
2-11 read as follows:
2-12 Sec. 74.055. List of Retired and Former Judges Subject to
2-13 Assignment. (a) Each presiding judge shall maintain a list of
2-14 retired and former judges who meet the requirements of this
2-15 section.
2-16 (b) The presiding judge shall divide the list into area
2-17 specialties of criminal, civil, or domestic relations cases. A
2-18 retired or former judge may only be assigned to a case in the
2-19 judge's area of specialty. A retired or former judge who served as
2-20 an elected or appointed judge of a court that had a statutorily
2-21 designated specialty or required preference for particular cases
2-22 may only be assigned to a case in the judge's area of service. A
2-23 judge may qualify for assignment in more than one area of specialty
2-24 and in more than one area of service.
2-25 (c) To be eligible to be named on the list, a retired or
2-26 former judge must:
2-27 (1) have served as a judge for at least 10 years <48
3-1 months> in a district, statutory county, or appellate court;
3-2 (2) have developed substantial experience in the
3-3 judge's area of specialty;
3-4 (3) not have been removed from office;
3-5 (4) certify under oath to the presiding judge, on a
3-6 form prescribed by the state board of regional judges, that the
3-7 judge did not resign from office after having received notice that
3-8 formal proceedings by the State Commission on Judicial Conduct had
3-9 been instituted as provided in Section 33.022 and before the final
3-10 disposition of the proceedings;
3-11 (5) annually demonstrate that the judge has completed
3-12 in the past calendar year the educational requirements for active
3-13 district and statutory county court judges; and
3-14 (6) certify to the presiding judge a willingness not
3-15 to appear and plead as an attorney in any court in this state for a
3-16 period of two years.
3-17 (d) <A former district judge who has served as judge of more
3-18 than one district court is not required to meet the 48 months of
3-19 service requirement in Subsection (c)(1) to be eligible to be named
3-20 on the list.>
3-21 <(e)> For purposes of Subsection (c)(1), a year <month> of
3-22 service is <calculated as> a year <calendar month or a portion of a
3-23 calendar month> in which a judge was authorized by election or
3-24 appointment by the governor to preside.
3-25 SECTION 4. Section 74.060, Government Code, is amended by
3-26 adding Subsection (c) to read as follows:
3-27 (c) Unless the presiding judge certifies that there is a
4-1 necessity and good cause to continue, an assignment of a judge or
4-2 justice to cases in a particular court is limited to six weeks.
4-3 SECTION 5. This Act applies to assignments of judges under
4-4 Chapter 74, Government Code, made on or after the effective date of
4-5 this Act. An assignment made before the effective date of this Act
4-6 is covered by the law in effect at the time of the assignment, and
4-7 that law is continued in effect for that purpose.
4-8 SECTION 6. The importance of this legislation and the
4-9 crowded condition of the calendars in both houses create an
4-10 emergency and an imperative public necessity that the
4-11 constitutional rule requiring bills to be read on three several
4-12 days in each house be suspended, and this rule is hereby suspended,
4-13 and that this Act take effect and be in force from and after its
4-14 passage, and it is so enacted.