By: Armbrister S.B. No. 912 A BILL TO BE ENTITLED AN ACT 1-1 relating to associate judges appointed by the county courts at law 1-2 of Fort Bend County. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 54, Government Code, is amended by adding 1-5 Subchapter S to read as follows: 1-6 SUBCHAPTER S. CIVIL, JUVENILE, AND CRIMINAL LAW 1-7 ASSOCIATE JUDGES IN FORT BEND COUNTY 1-8 Sec. 54.1001. APPOINTMENT. (a) A majority of the judges of 1-9 the statutory county courts in Fort Bend County may determine that 1-10 one or more full-time or part-time associate judges are needed to 1-11 serve those courts. 1-12 (b) The judges shall issue an order reflecting that 1-13 determination and specifying the number of associate judges and 1-14 support staff needed. 1-15 (c) Subject to the determination of need and the approval of 1-16 the commissioners court of Fort Bend County, each judge may appoint 1-17 one or more associate judges and support staff to serve the judge's 1-18 court. 1-19 (d) Judges may act together to appoint associate judges to 1-20 serve their courts. 1-21 Sec. 54.1002. QUALIFICATIONS. To be eligible for 1-22 appointment as an associate judge, a person must: 1-23 (1) be a resident of this state; and 1-24 (2) have been licensed to practice law in this state 2-1 for at least four years. 2-2 Sec. 54.1003. ORDER OF APPOINTMENT. The order appointing an 2-3 associate judge must be entered in the minutes of each court making 2-4 the order and must state: 2-5 (1) the associate judge's name and state bar 2-6 identification number; 2-7 (2) the name of each court the associate judge will 2-8 serve; and 2-9 (3) the date the associate judge's service is to 2-10 begin. 2-11 Sec. 54.1004. COMPENSATION. The commissioners court shall 2-12 set the compensation for associate judges and support staff and 2-13 determine the total amount the county will pay as compensation for 2-14 associate judges and support staff. 2-15 Sec. 54.1005. JUDICIAL IMMUNITY. An associate judge 2-16 appointed under this subchapter has the same judicial immunity as a 2-17 statutory county court at law judge. 2-18 Sec. 54.1006. TERMINATION OF EMPLOYMENT. (a) An associate 2-19 judge who serves a single court serves at the will of the judge of 2-20 that court. 2-21 (b) The employment of an associate judge who serves two 2-22 courts may be terminated by either of the judges of those courts. 2-23 (c) The employment of an associate judge who serves more 2-24 than two courts may be terminated by a majority of the judges of 2-25 those courts. 2-26 (d) To terminate an associate judge's employment, the 2-27 appropriate judges must sign a written order of termination. The 3-1 order must state: 3-2 (1) the associate judge's name and state bar 3-3 identification number; 3-4 (2) the name of the court ordering the termination; 3-5 and 3-6 (3) the date the associate judge's services end. 3-7 Sec. 54.1007. WITHDRAWAL OF APPOINTMENT FOR PARTICULAR 3-8 COURT. The judge of a court for which an associate judge has been 3-9 appointed may withdraw the associate judge's appointment to that 3-10 court by written order. The order must state: 3-11 (1) the associate judge's name and state bar 3-12 identification number; 3-13 (2) the name of the court ordering the withdrawal; and 3-14 (3) the date the associate judge's services end as to 3-15 that court. 3-16 Sec. 54.1008. PROCEEDINGS THAT MAY BE REFERRED. (a) A 3-17 judge may refer to an associate judge any criminal case for 3-18 proceedings involving: 3-19 (1) a negotiated plea of guilty before the court; 3-20 (2) a bond forfeiture; 3-21 (3) a pretrial motion; 3-22 (4) a postconviction writ of habeas corpus; 3-23 (5) an examining trial; and 3-24 (6) any other matter the judge considers necessary and 3-25 proper. 3-26 (b) An associate judge may not preside over a trial on the 3-27 merits, whether or not the trial is before a jury. 4-1 Sec. 54.1009. CASES THAT MAY BE REFERRED. (a) A judge may 4-2 refer to an associate judge any juvenile, probate, or civil case or 4-3 portion of one of those cases brought: 4-4 (1) under Title 1, 2, 3, or 4, Family Code; 4-5 (2) in connection with Rule 308a, Texas Rules of Civil 4-6 Procedure; 4-7 (3) in connection with Chapter 76, Human Resources 4-8 Code; 4-9 (4) in connection with Title 7, Health and Safety 4-10 Code; or 4-11 (5) under the civil jurisdiction of the appointing 4-12 court. 4-13 (b) An associate judge may not preside over a trial on the 4-14 merits, whether or not the trial is before a jury. 4-15 Sec. 54.1010. METHOD OF REFERRAL. A case may be referred as 4-16 prescribed by published local rules or by written orders. 4-17 Sec. 54.1011. DUTIES AND POWERS. (a) Except as limited by 4-18 an order of referral, an associate judge to whom a case is referred 4-19 may: 4-20 (1) conduct hearings; 4-21 (2) hear evidence; 4-22 (3) compel production of relevant evidence; 4-23 (4) rule on admissibility of evidence; 4-24 (5) issue summons for the appearance of witnesses; 4-25 (6) examine witnesses; 4-26 (7) swear witnesses for hearings; 4-27 (8) make findings of fact on evidence; 5-1 (9) formulate conclusions of law; 5-2 (10) rule on a pretrial motion; 5-3 (11) recommend the rulings, orders, or judgment to be 5-4 made in a case; 5-5 (12) regulate proceedings in a hearing; and 5-6 (13) do any act and take any measure necessary and 5-7 proper for the efficient performance of the duties required by the 5-8 order of referral. 5-9 (b) An associate judge may not enter a ruling on any issue 5-10 of law or fact if that ruling could result in dismissal or require 5-11 dismissal of a pending criminal prosecution or civil case, but the 5-12 associate judge may make findings, conclusions, and recommendations 5-13 on those issues. 5-14 (c) An order of referral may limit the use or power of an 5-15 associate judge. 5-16 (d) Unless limited by published local rule, by written 5-17 order, or by an order of referral, an associate judge may perform 5-18 all acts and take all measures necessary and proper to perform the 5-19 tasks assigned in a referral. 5-20 (e) An associate judge may administer oaths. 5-21 (f) An associate judge has the jurisdiction provided by the 5-22 constitution and laws of this state for magistrates and is a 5-23 magistrate as defined by Article 2.09, Code of Criminal Procedure. 5-24 Sec. 54.1012. JURY. (a) Except as provided by Subsection 5-25 (b), if a jury trial is demanded in a case referred to an associate 5-26 judge, the associate judge shall refer the case back to the 5-27 referring court for a full hearing according to the usual rules 6-1 applicable to the case. 6-2 (b) A jury demand does not affect the authority of an 6-3 associate judge to handle pretrial matters referred to the 6-4 associate judge. 6-5 Sec. 54.1013. COURT REPORTER. (a) A court reporter need 6-6 not be provided during a hearing conducted by an associate judge. 6-7 (b) Notwithstanding Subsection (a), a referring judge may 6-8 require a reporter at any hearing. 6-9 Sec. 54.1014. FAILURE TO COMPLY WITH SUMMONS OR OATH. If an 6-10 attorney, party, witness, or any other person fails to comply with 6-11 a summons or order, the associate judge may certify in writing that 6-12 failure to the referring court for appropriate action. 6-13 Sec. 54.1015. PERJURY. (a) A witness appearing before an 6-14 associate judge is subject to the penalties of perjury as provided 6-15 by Chapter 37, Penal Code. 6-16 (b) A witness referred to the court under Section 54.1014 is 6-17 subject to the same penalties and orders that may be imposed on a 6-18 witness appearing in a hearing before the court. 6-19 Sec. 54.1016. RETURN TO REFERRING COURT; FINDINGS. At the 6-20 conclusion of the proceedings, an associate judge shall transmit to 6-21 the referring court any papers relating to the case, including the 6-22 associate judge's findings, conclusions, orders, recommendations, 6-23 or other action taken. 6-24 Sec. 54.1017. COURT ACTION ON REPORT. (a) After the court 6-25 receives the associate judge's report, the court may adopt, modify, 6-26 correct, reject, or reverse the associate judge's report or may 6-27 recommit it for further information, as the court determines to be 7-1 proper and necessary in each case. 7-2 (b) If a judgment has been recommended, the court may 7-3 approve the recommendation and hear more evidence before making its 7-4 judgment. 7-5 Sec. 54.1018. DECREE OR JUDGMENT. The finding and 7-6 recommendations become the decree or judgment of the court when 7-7 adopted and approved by an order of the judge. 7-8 Sec. 54.1019. MASTER IN CHANCERY. This subchapter does not 7-9 prohibit a court from appointing a master in chancery as provided 7-10 by Rule 171, Texas Rules of Civil Procedure. 7-11 Sec. 54.1020. REFEREES. (a) An associate judge appointed 7-12 under this subchapter may serve as a referee as provided by 7-13 Sections 51.04(g) and 54.10, Family Code. 7-14 (b) A referee appointed under Section 51.04(g), Family Code, 7-15 may be appointed to serve as an associate judge under this 7-16 subchapter. 7-17 (c) An associate judge appointed under this subchapter may 7-18 serve as a master as provided by Section 574.0085, Health and 7-19 Safety Code. 7-20 SECTION 2. The importance of this legislation and the 7-21 crowded condition of the calendars in both houses create an 7-22 emergency and an imperative public necessity that the 7-23 constitutional rule requiring bills to be read on three several 7-24 days in each house be suspended, and this rule is hereby suspended, 7-25 and that this Act take effect and be in force from and after its 7-26 passage, and it is so enacted.