By Hartnett H.B. No. 1137
74R5072 RJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to special judges elected by the practicing lawyers of the
1-3 statutory probate courts in Dallas County.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 25, Government Code, is
1-6 amended by adding Section 25.0596 to read as follows:
1-7 Sec. 25.0596. SPECIAL STATUTORY PROBATE JUDGE. (a) If the
1-8 judge of a statutory probate court in Dallas County fails or
1-9 refuses to hold the court, the practicing lawyers of the court who
1-10 are present may elect one of their number special judge to hold the
1-11 court and proceed with its business. The lawyers may hold
1-12 additional elections at any time to supply a judge during the
1-13 absence, failure, or inability of the regular judge or a special
1-14 judge to perform the duties of the office.
1-15 (b) To conduct the election, the sheriff or constable shall
1-16 publicly proclaim at the courthouse door that the practicing
1-17 lawyers who are present are about to elect a special judge of the
1-18 statutory probate court. Following the proclamation, the clerk
1-19 shall make a list of the practicing lawyers who are present, and
1-20 the lawyers shall organize and hold the election. If the sheriff,
1-21 constable, or clerk fails or refuses to act, the practicing lawyers
1-22 who are present may organize themselves into an electoral body and
1-23 appoint a sheriff and clerk pro tempore to perform the respective
1-24 duties of the sheriff and clerk.
2-1 (c) Each practicing lawyer in attendance may participate in
2-2 the election and cast one vote by ballot. A majority of the votes
2-3 of the lawyers who participate is necessary to elect a special
2-4 judge.
2-5 (d) The clerk shall enter a record of the election of the
2-6 special judge in the minutes of the court. The record must show:
2-7 (1) the names of all the practicing lawyers who were
2-8 present and participated in the election;
2-9 (2) that a public proclamation that the election was
2-10 about to take place was made at the courthouse door;
2-11 (3) the number of ballots cast at the election, the
2-12 number of votes for each person, and the result of the election;
2-13 and
2-14 (4) that the oath prescribed by law was administered
2-15 to the special judge.
2-16 (e) A record of election proceedings that substantially
2-17 comply with the requirements of the law is conclusive evidence of
2-18 the election and qualification of a special judge.
2-19 SECTION 2. Section 25.0595(e), Government Code, is repealed.
2-20 SECTION 3. The importance of this legislation and the
2-21 crowded condition of the calendars in both houses create an
2-22 emergency and an imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended,
2-25 and that this Act take effect and be in force from and after its
2-26 passage, and it is so enacted.