BILL ANALYSIS
S.B. 912
By: Armbrister
Jurisprudence
04-12-95
Committee Report (Unamended)
BACKGROUND
The ability to appoint associate judges in Fort Bend County will
give needed assistance to the existing courts until such time as
another court can be activated.
PURPOSE
As proposed, S.B. 912 sets forth provisions for associate judges
appointed by the county courts at law of Fort Bend County.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 54, Government Code, by adding Subchapter
S, as follows:
SUBCHAPTER S. CIVIL, JUVENILE, AND CRIMINAL LAW ASSOCIATE JUDGES
IN FORT BEND COUNTY
Sec. 54.1001. APPOINTMENT. (a) Authorizes a majority of the
judges of the statutory county courts in Fort Bend County to
determine that one or more full-time or part-time associate
judges are needed to serve those courts.
(b) Requires the judges to issue an order reflecting that
determination and specifying the number of associate judges
and support staff needed.
(c) Authorizes each judge, subject to the determination of
need and the approval of the commissioners court of Fort
Bend County, to appoint one or more associate judges and
support staff to serve the judge's court.
(d) Authorizes judges to act together to appoint associate
judges to serve their courts.
Sec. 54.1002. QUALIFICATIONS. Sets forth eligibility
requirements for an appointed associate judge.
Sec. 54.1003. ORDER OF APPOINTMENT. Requires the order
appointing an associate judge to be entered in the minutes of
each court making the order and to state certain information.
Sec. 54.1004. COMPENSATION. Requires the commissioners court
to set the compensation for associate judges and support staff
and determine the total amount the county will pay as
compensation for associate judges and support staff.
Sec. 54.1005. JUDICIAL IMMUNITY. Provides that an associate
judge appointed under this subchapter has the same judicial
immunity as a statutory county court at law judge.
Sec. 54.1006. TERMINATION OF EMPLOYMENT. (a) Provides that
an associate judge who serves a single court serves at the
will of the judge of that court.
(b) Authorizes the employment of an associate judge who
serves two courts to be terminated by either of the judges
of those courts.
(c) Authorizes the employment of an associate judge who
serves more than two courts to be terminated by a majority
of the judges of those courts.
(d) Requires the appropriate judges to sign a written order
of termination to terminate an associate judge's employment.
Sets forth information required in an order.
Sec. 54.1007. WITHDRAWAL OF APPOINTMENT FOR PARTICULAR COURT.
Authorizes the judge of a court for which an associate judge
has been appointed to withdraw the associate judge's
appointment to that court by written order. Sets forth
required information order. Makes conforming changes.
Sec. 54.1008. PROCEEDINGS THAT MAY BE REFERRED. (a)
Authorizes a judge to refer to an associate judge any criminal
case for proceedings involving a negotiated plea of guilty
before the court, a bond forfeiture, a pretrial motion, a
postconviction writ of habeas corpus, an examining trial, and
any other proper and necessary matter.
(b) Prohibits an associate judge from presiding over a
trial on the merits, whether or not the trial is before a
jury.
Sec. 54.1009. CASES THAT MAY BE REFERRED. (a) Authorizes a
judge to refer to an associate judge any juvenile, probate, or
civil case or portion of a case brought under certain
statutes, laws, and court jurisdiction.
(b) Prohibits an associate judge from presiding over a
trial on the merits, whether or not the trial is before a
jury.
Sec. 54.1010. METHOD OF REFERRAL. Authorizes a case to be
referred as prescribed by published local rules or by written
orders.
Sec. 54.1011. DUTIES AND POWERS. (a) Sets forth the duties
and powers of an associate judge to whom a case is referred.
(b) Prohibits an associate judge from entering a ruling on
any issue of law or fact if that ruling could result in
dismissal or require dismissal of a pending criminal
prosecution or civil case, but authorizes the judge to make
findings, conclusions, and recommendations on those issues.
(c) Authorizes an order of referral to limit the use or
power of an associate judge.
(d) Authorizes an associate judge to perform all acts and
take all measures necessary and proper to perform the tasks
assigned in a referral, unless limited by published local
rule, written order, or by an order of referral.
(e) Authorizes an associate judge to administer oaths.
(f) Provides that an associate judge has the jurisdiction
provided by the constitution and laws of this state for
magistrates and is a magistrate as defined by Article 2.09,
Code of Criminal Procedure.
Sec. 54.1012. JURY. (a) Requires the associate judge to
refer the case back to the referring court for a full hearing
according to the usual rules applicable to the case, except as
provided by Subsection (b).
(b) Provides that a jury demand does not affect the
authority of an associate judge to handle pretrial matters
referred to the associate judge, notwithstanding Subsection
(a).
Sec. 54.1013. COURT REPORTER. (a) Provides that a court
reporter need not be provided during a hearing conducted by an
associate judge.
(b) Authorizes a referring judge to require a reporter at
any hearing.
Sec. 54.1014. FAILURE TO COMPLY WITH SUMMONS OR OATH.
Provides that if an attorney, party, witness, or any other
person fails to comply with a summons or order, the associate
judge may certify in writing that failure to the referring
court for appropriate action.
Sec. 54.1015. PERJURY. (a) Provides that a witness
appearing before an associate judge is subject to the
penalties of perjury as provided by Chapter 37, Penal Code.
(b) Authorizes a witness referred to the court under
Section 54.1014 is subject to the same penalties and orders
that may be imposed on a witness appearing in a hearing
before the court.
Sec. 54.1016. RETURN TO REFERRING COURT; FINDINGS. Requires
an associate judge to transmit to the referring court any
papers relating to the case at the conclusion of the
proceedings.
Sec. 54.1017. COURT ACTION ON REPORT. (a) Authorizes the
court to adopt, modify, correct, reject, or reverse the
associate judge's report or recommit it for further
information, as the court determines to be proper and
necessary, after the court receives the associate judge's
report.
(b) Authorizes the court to approve the recommendation and
hear more evidence before making its judgment, if a judgment
has been recommended.
Sec. 54.1018. DECREE OR JUDGMENT. Provides that the finding
and recommendations become the decree or judgment of the court
when adopted and approved by an order of the judge.
Sec. 54.1019. MASTER IN CHANCERY. Provides that this
subchapter does not prohibit a court from appointing a master
in chancery as provided by Rule 171, Texas Rules of Civil
Procedure.
Sec. 54.1020. REFEREES. (a) Authorizes an associate judge
appointed under this subchapter to serve as a referee as
provided by Sections 51.04(g) and 54.10, Family Code.
(b) Authorizes a referee appointed under Section 51.04(g),
Family Code, to be appointed to serve as an associate judge
under this subchapter.
(c) Authorizes an associate judge appointed under this
subchapter to serve as a master as provided by Section
574.0085, Health and Safety Code.
SECTION 2. Emergency clause.
Effective date: upon passage.