By: Sims, Wentworth S.B. No. 1197
A BILL TO BE ENTITLED
AN ACT
1-1 relating to a special judge serving a county court.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Article 30.03, Code of Criminal Procedure, is
1-4 amended to read as follows:
1-5 Art. 30.03. COUNTY JUDGE DISQUALIFIED, ABSENT, OR DISABLED
1-6 Sec. 1. When the judge of the county court or county court
1-7 at law, or of any county criminal court, is disqualified in any
1-8 criminal case pending in the court of which he is judge, the
1-9 parties may by consent agree upon a special judge to try such case.
1-10 <If they fail to agree upon a special judge to try such case, on or
1-11 before the third day of the term at which such case may be called
1-12 for trial, the practicing attorneys of the court present may elect
1-13 from among their number a special judge who shall try the case.
1-14 The election of the special judge shall be conducted in accordance
1-15 with the provisions of Article 1887, et seq., V.A.C.S.>
1-16 Sec. 2. In the event a county judge <or the regular judge of
1-17 a county court at law created in a county> is absent<,> or is for
1-18 any cause disabled from presiding, a special judge<, who is an
1-19 attorney,> may be appointed by the commissioners court of the
1-20 county.
1-21 Sec. 3. In the event the regular judge of a county court at
1-22 law is absent or for any reason disabled from presiding, a special
1-23 judge who is an attorney may be appointed by the commissioners
1-24 court of the county.
2-1 Sec. 4. The special judge so appointed must possess those
2-2 qualifications required of the regular judge of the court and, when
2-3 appointed shall serve for the period of time designated by the
2-4 order of appointment but in no event beyond that period of time the
2-5 regular judge is absent or disabled.
2-6 SECTION 2. Article 30.04, Code of Criminal Procedure, is
2-7 amended to read as follows:
2-8 Art. 30.04. SPECIAL JUDGE TO TAKE OATH. In addition to any
2-9 oath previously taken, a person <The attorney> agreed upon,
2-10 elected, or appointed to serve as special judge, including a person
2-11 who is a retired, former, or active judge, shall, before he enters
2-12 upon his duties as special judge, take the oath of office required
2-13 by the Constitution.
2-14 SECTION 3. Article 30.05, Code of Criminal Procedure, is
2-15 amended to read as follows:
2-16 Art. 30.05. RECORD MADE BY CLERK. When a special judge is
2-17 agreed upon by the parties, elected, or appointed as herein
2-18 provided, the clerk shall enter in the minutes as a part of the
2-19 proceedings in such cause a record showing:
2-20 1. That the judge of the court was disqualified,
2-21 absent, or disabled to try the cause;
2-22 2. That such special judge (naming him) was by consent
2-23 of the parties agreed upon, or elected or appointed;
2-24 3. That, in addition to any oath previously taken, the
2-25 oath of office prescribed by law for the special judge, including a
2-26 special judge who is a retired, former, or active judge, was duly
2-27 administered to such special judge.
3-1 SECTION 4. Subchapter A, Chapter 25, Government Code, is
3-2 amended by adding Sections 25.0017 and 25.0018 to read as follows:
3-3 Sec. 25.0017. SPECIAL JUDGE TO TAKE OATH. In addition to
3-4 any oath previously taken, a person agreed on, elected, or
3-5 appointed as provided by law to serve as special judge of a
3-6 statutory county court or statutory probate court, including a
3-7 person who is a retired, former, or active judge, shall, before
3-8 entering upon the person's duties as special judge, take the oath
3-9 of office required by the constitution.
3-10 Sec. 25.0018. RECORD. When a special judge is agreed on by
3-11 the parties, elected, or appointed, the clerk shall enter in the
3-12 minutes as a part of the proceedings in the cause a record that
3-13 gives the special judge's name and shows that:
3-14 (1) the judge of the court was disqualified, absent,
3-15 or disabled to try the cause;
3-16 (2) the special judge was agreed on by consent of the
3-17 parties, elected, or appointed; and
3-18 (3) in addition to any oath previously taken, the oath
3-19 of office prescribed by law for the special judge, including a
3-20 person who is a retired, former, or active judge, was duly
3-21 administered to the special judge.
3-22 SECTION 5. Subsection (a), Section 26.013, Government Code,
3-23 is amended to read as follows:
3-24 (a) If the special judge selected to act for a disqualified
3-25 county judge is himself disqualified, the parties by agreement may
3-26 appoint another person <an attorney> as special judge. If the
3-27 parties fail to agree on another special judge who is qualified,
4-1 the judge presiding shall immediately certify that fact to the
4-2 governor. The governor shall appoint a special judge to try the
4-3 case.
4-4 SECTION 6. Subchapter B, Chapter 26, Government Code, is
4-5 amended by adding Sections 26.015 and 26.016 to read as follows:
4-6 Sec. 26.015. SPECIAL JUDGE TO TAKE OATH. In addition to any
4-7 oath previously taken, a person agreed on, elected, or appointed as
4-8 provided by law to serve as special judge of a constitutional
4-9 county court, including a person who is a retired, former, or
4-10 active judge, shall, before entering upon the person's duties as
4-11 special judge, take the oath of office required by the
4-12 constitution.
4-13 Sec. 26.016. RECORD. When a special judge is agreed on by
4-14 the parties, elected, or appointed, the clerk shall enter in the
4-15 minutes as a part of the proceedings in the cause a record that
4-16 gives the special judge's name and shows that:
4-17 (1) the judge of the court was disqualified, absent,
4-18 or disabled to try the cause;
4-19 (2) the special judge was agreed on by consent of the
4-20 parties, elected, or appointed; and
4-21 (3) in addition to any oath previously taken, the oath
4-22 of office prescribed by law for the special judge, including a
4-23 person who is a retired, former, or active judge, was duly
4-24 administered to the special judge.
4-25 SECTION 7. Subsection (c), Section 26.022, Government Code,
4-26 is amended to read as follows:
4-27 (c) To be appointed a special judge, a person must be<:>
5-1 <(1) a licensed attorney; and>
5-2 <(2)> agreed on by the counsels of record, if the
5-3 counsels are able to agree.
5-4 SECTION 8. Subsection (a), Section 26.023, Government Code,
5-5 is amended to read as follows:
5-6 (a) The county judge may appoint a retired judge or a
5-7 constitutional county judge from another county as a special judge
5-8 when the county judge is absent from the county or absent because
5-9 of physical incapacity. <A constitutional county court judge
5-10 appointed to sit for another constitutional county court judge must
5-11 be a licensed attorney in this state if the judge for whom he is
5-12 sitting is a licensed attorney in this state.>
5-13 SECTION 9. Subsection (a), Section 26.024, Government Code,
5-14 is amended to read as follows:
5-15 (a) The county judge may appoint a retired judge or a
5-16 constitutional county judge from another county as a special judge
5-17 to share the bench if the county judge finds that the dockets of
5-18 the county court reflect a case load that the county judge
5-19 considers to be in excess of that which can be disposed of properly
5-20 in a manner consistent with the efficient administration of
5-21 justice. <A constitutional county court judge appointed to sit for
5-22 another constitutional county court judge must be a licensed
5-23 attorney in this state if the judge for whom he is sitting is a
5-24 licensed attorney in this state.>
5-25 SECTION 10. Section 26.025, Government Code, is repealed.
5-26 SECTION 11. This Act takes effect September 1, 1995, and
5-27 applies only to a special judge agreed on, elected, or appointed on
6-1 or after that date.
6-2 SECTION 12. The importance of this legislation and the
6-3 crowded condition of the calendars in both houses create an
6-4 emergency and an imperative public necessity that the
6-5 constitutional rule requiring bills to be read on three several
6-6 days in each house be suspended, and this rule is hereby suspended.