1-1 By: Armbrister S.B. No. 912
1-2 (In the Senate - Filed March 3, 1995; March 6, 1995, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 11, 1995, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; April 11, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to associate judges appointed by the county courts at law
1-9 of Fort Bend County.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Chapter 54, Government Code, is amended by adding
1-12 Subchapter S to read as follows:
1-13 SUBCHAPTER S. CIVIL, JUVENILE, AND CRIMINAL LAW
1-14 ASSOCIATE JUDGES IN FORT BEND COUNTY
1-15 Sec. 54.1001. APPOINTMENT. (a) A majority of the judges of
1-16 the statutory county courts in Fort Bend County may determine that
1-17 one or more full-time or part-time associate judges are needed to
1-18 serve those courts.
1-19 (b) The judges shall issue an order reflecting that
1-20 determination and specifying the number of associate judges and
1-21 support staff needed.
1-22 (c) Subject to the determination of need and the approval of
1-23 the commissioners court of Fort Bend County, each judge may appoint
1-24 one or more associate judges and support staff to serve the judge's
1-25 court.
1-26 (d) Judges may act together to appoint associate judges to
1-27 serve their courts.
1-28 Sec. 54.1002. QUALIFICATIONS. To be eligible for
1-29 appointment as an associate judge, a person must:
1-30 (1) be a resident of this state; and
1-31 (2) have been licensed to practice law in this state
1-32 for at least four years.
1-33 Sec. 54.1003. ORDER OF APPOINTMENT. The order appointing an
1-34 associate judge must be entered in the minutes of each court making
1-35 the order and must state:
1-36 (1) the associate judge's name and state bar
1-37 identification number;
1-38 (2) the name of each court the associate judge will
1-39 serve; and
1-40 (3) the date the associate judge's service is to
1-41 begin.
1-42 Sec. 54.1004. COMPENSATION. The commissioners court shall
1-43 set the compensation for associate judges and support staff and
1-44 determine the total amount the county will pay as compensation for
1-45 associate judges and support staff.
1-46 Sec. 54.1005. JUDICIAL IMMUNITY. An associate judge
1-47 appointed under this subchapter has the same judicial immunity as a
1-48 statutory county court at law judge.
1-49 Sec. 54.1006. TERMINATION OF EMPLOYMENT. (a) An associate
1-50 judge who serves a single court serves at the will of the judge of
1-51 that court.
1-52 (b) The employment of an associate judge who serves two
1-53 courts may be terminated by either of the judges of those courts.
1-54 (c) The employment of an associate judge who serves more
1-55 than two courts may be terminated by a majority of the judges of
1-56 those courts.
1-57 (d) To terminate an associate judge's employment, the
1-58 appropriate judges must sign a written order of termination. The
1-59 order must state:
1-60 (1) the associate judge's name and state bar
1-61 identification number;
1-62 (2) the name of the court ordering the termination;
1-63 and
1-64 (3) the date the associate judge's services end.
1-65 Sec. 54.1007. WITHDRAWAL OF APPOINTMENT FOR PARTICULAR
1-66 COURT. The judge of a court for which an associate judge has been
1-67 appointed may withdraw the associate judge's appointment to that
1-68 court by written order. The order must state:
2-1 (1) the associate judge's name and state bar
2-2 identification number;
2-3 (2) the name of the court ordering the withdrawal; and
2-4 (3) the date the associate judge's services end as to
2-5 that court.
2-6 Sec. 54.1008. PROCEEDINGS THAT MAY BE REFERRED. (a) A
2-7 judge may refer to an associate judge any criminal case for
2-8 proceedings involving:
2-9 (1) a negotiated plea of guilty before the court;
2-10 (2) a bond forfeiture;
2-11 (3) a pretrial motion;
2-12 (4) a postconviction writ of habeas corpus;
2-13 (5) an examining trial; and
2-14 (6) any other matter the judge considers necessary and
2-15 proper.
2-16 (b) An associate judge may not preside over a trial on the
2-17 merits, whether or not the trial is before a jury.
2-18 Sec. 54.1009. CASES THAT MAY BE REFERRED. (a) A judge may
2-19 refer to an associate judge any juvenile, probate, or civil case or
2-20 portion of one of those cases brought:
2-21 (1) under Title 1, 2, 3, or 4, Family Code;
2-22 (2) in connection with Rule 308a, Texas Rules of Civil
2-23 Procedure;
2-24 (3) in connection with Chapter 76, Human Resources
2-25 Code;
2-26 (4) in connection with Title 7, Health and Safety
2-27 Code; or
2-28 (5) under the civil jurisdiction of the appointing
2-29 court.
2-30 (b) An associate judge may not preside over a trial on the
2-31 merits, whether or not the trial is before a jury.
2-32 Sec. 54.1010. METHOD OF REFERRAL. A case may be referred as
2-33 prescribed by published local rules or by written orders.
2-34 Sec. 54.1011. DUTIES AND POWERS. (a) Except as limited by
2-35 an order of referral, an associate judge to whom a case is referred
2-36 may:
2-37 (1) conduct hearings;
2-38 (2) hear evidence;
2-39 (3) compel production of relevant evidence;
2-40 (4) rule on admissibility of evidence;
2-41 (5) issue summons for the appearance of witnesses;
2-42 (6) examine witnesses;
2-43 (7) swear witnesses for hearings;
2-44 (8) make findings of fact on evidence;
2-45 (9) formulate conclusions of law;
2-46 (10) rule on a pretrial motion;
2-47 (11) recommend the rulings, orders, or judgment to be
2-48 made in a case;
2-49 (12) regulate proceedings in a hearing; and
2-50 (13) do any act and take any measure necessary and
2-51 proper for the efficient performance of the duties required by the
2-52 order of referral.
2-53 (b) An associate judge may not enter a ruling on any issue
2-54 of law or fact if that ruling could result in dismissal or require
2-55 dismissal of a pending criminal prosecution or civil case, but the
2-56 associate judge may make findings, conclusions, and recommendations
2-57 on those issues.
2-58 (c) An order of referral may limit the use or power of an
2-59 associate judge.
2-60 (d) Unless limited by published local rule, by written
2-61 order, or by an order of referral, an associate judge may perform
2-62 all acts and take all measures necessary and proper to perform the
2-63 tasks assigned in a referral.
2-64 (e) An associate judge may administer oaths.
2-65 (f) An associate judge has the jurisdiction provided by the
2-66 constitution and laws of this state for magistrates and is a
2-67 magistrate as defined by Article 2.09, Code of Criminal Procedure.
2-68 Sec. 54.1012. JURY. (a) Except as provided by Subsection
2-69 (b), if a jury trial is demanded in a case referred to an associate
2-70 judge, the associate judge shall refer the case back to the
3-1 referring court for a full hearing according to the usual rules
3-2 applicable to the case.
3-3 (b) A jury demand does not affect the authority of an
3-4 associate judge to handle pretrial matters referred to the
3-5 associate judge.
3-6 Sec. 54.1013. COURT REPORTER. (a) A court reporter need
3-7 not be provided during a hearing conducted by an associate judge.
3-8 (b) Notwithstanding Subsection (a), a referring judge may
3-9 require a reporter at any hearing.
3-10 Sec. 54.1014. FAILURE TO COMPLY WITH SUMMONS OR OATH. If an
3-11 attorney, party, witness, or any other person fails to comply with
3-12 a summons or order, the associate judge may certify in writing that
3-13 failure to the referring court for appropriate action.
3-14 Sec. 54.1015. PERJURY. (a) A witness appearing before an
3-15 associate judge is subject to the penalties of perjury as provided
3-16 by Chapter 37, Penal Code.
3-17 (b) A witness referred to the court under Section 54.1014 is
3-18 subject to the same penalties and orders that may be imposed on a
3-19 witness appearing in a hearing before the court.
3-20 Sec. 54.1016. RETURN TO REFERRING COURT; FINDINGS. At the
3-21 conclusion of the proceedings, an associate judge shall transmit to
3-22 the referring court any papers relating to the case, including the
3-23 associate judge's findings, conclusions, orders, recommendations,
3-24 or other action taken.
3-25 Sec. 54.1017. COURT ACTION ON REPORT. (a) After the court
3-26 receives the associate judge's report, the court may adopt, modify,
3-27 correct, reject, or reverse the associate judge's report or may
3-28 recommit it for further information, as the court determines to be
3-29 proper and necessary in each case.
3-30 (b) If a judgment has been recommended, the court may
3-31 approve the recommendation and hear more evidence before making its
3-32 judgment.
3-33 Sec. 54.1018. DECREE OR JUDGMENT. The finding and
3-34 recommendations become the decree or judgment of the court when
3-35 adopted and approved by an order of the judge.
3-36 Sec. 54.1019. MASTER IN CHANCERY. This subchapter does not
3-37 prohibit a court from appointing a master in chancery as provided
3-38 by Rule 171, Texas Rules of Civil Procedure.
3-39 Sec. 54.1020. REFEREES. (a) An associate judge appointed
3-40 under this subchapter may serve as a referee as provided by
3-41 Sections 51.04(g) and 54.10, Family Code.
3-42 (b) A referee appointed under Section 51.04(g), Family Code,
3-43 may be appointed to serve as an associate judge under this
3-44 subchapter.
3-45 (c) An associate judge appointed under this subchapter may
3-46 serve as a master as provided by Section 574.0085, Health and
3-47 Safety Code.
3-48 SECTION 2. The importance of this legislation and the
3-49 crowded condition of the calendars in both houses create an
3-50 emergency and an imperative public necessity that the
3-51 constitutional rule requiring bills to be read on three several
3-52 days in each house be suspended, and this rule is hereby suspended,
3-53 and that this Act take effect and be in force from and after its
3-54 passage, and it is so enacted.
3-55 * * * * *