By Sims S.B. No. 1197
74R3730 MWV-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a special judge serving a county court.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 30.03, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 30.03. COUNTY JUDGE DISQUALIFIED, ABSENT, OR DISABLED
1-7 Sec. 1. When the judge of the county court or county court
1-8 at law, or of any county criminal court, is disqualified in any
1-9 criminal case pending in the court of which he is judge, the
1-10 parties may by consent agree upon a special judge to try such case.
1-11 <If they fail to agree upon a special judge to try such case, on or
1-12 before the third day of the term at which such case may be called
1-13 for trial, the practicing attorneys of the court present may elect
1-14 from among their number a special judge who shall try the case.
1-15 The election of the special judge shall be conducted in accordance
1-16 with the provisions of Article 1887, et seq., V.A.C.S.>
1-17 Sec. 2. In the event a county judge <or the regular judge of
1-18 a county court at law created in a county> is absent, or is for any
1-19 cause disabled from presiding, a special judge<, who is an
1-20 attorney,> may be appointed by the commissioners court of the
1-21 county.
1-22 Sec. 3. In the event the regular judge of a county court at
1-23 law is absent, or for any reason disabled from presiding, a special
1-24 judge, who is an attorney, may be appointed by the commissioners
2-1 court of the county.
2-2 Sec. 4. The special judge so appointed must possess those
2-3 qualifications required of the regular judge of the court and, when
2-4 appointed shall serve for the period of time designated by the
2-5 order of appointment but in no event beyond that period of time the
2-6 regular judge is absent or disabled.
2-7 SECTION 2. Article 30.04, Code of Criminal Procedure, is
2-8 amended to read as follows:
2-9 Art. 30.04. SPECIAL JUDGE TO TAKE OATH. In addition to any
2-10 oath previously taken, a person <The attorney> agreed upon,
2-11 elected, or appointed to serve as special judge, including a person
2-12 who is a retired, former, or active judge, shall, before he enters
2-13 upon his duties as special judge, take the oath of office required
2-14 by the Constitution.
2-15 SECTION 3. Article 30.05, Code of Criminal Procedure, is
2-16 amended to read as follows:
2-17 Art. 30.05. Record made by clerk. When a special judge is
2-18 agreed upon by the parties, elected, or appointed as herein
2-19 provided, the clerk shall enter in the minutes as a part of the
2-20 proceedings in such cause a record showing:
2-21 1. That the judge of the court was disqualified,
2-22 absent, or disabled to try the cause;
2-23 2. That such special judge (naming him) was by consent
2-24 of the parties agreed upon, or elected or appointed;
2-25 3. That, in addition to any oath previously taken, the
2-26 oath of office prescribed by law for the special judge, including a
2-27 special judge who is a retired, former, or active judge, was duly
3-1 administered to such special judge.
3-2 SECTION 4. Subchapter A, Chapter 25, Government Code, is
3-3 amended by adding Sections 25.0017 and 25.0018 to read as follows:
3-4 Sec. 25.0017. SPECIAL JUDGE TO TAKE OATH. In addition to
3-5 any oath previously taken, a person agreed on, elected, or
3-6 appointed as provided by law to serve as special judge of a
3-7 statutory county court or statutory probate court, including a
3-8 person who is a retired, former, or active judge, shall, before
3-9 entering upon the person's duties as special judge, take the oath
3-10 of office required by the constitution.
3-11 Sec. 25.0018. RECORD. When a special judge is agreed on by
3-12 the parties, elected, or appointed, the clerk shall enter in the
3-13 minutes as a part of the proceedings in the cause a record that
3-14 gives the special judge's name and shows that:
3-15 (1) the judge of the court was disqualified, absent,
3-16 or disabled to try the cause;
3-17 (2) the special judge was agreed on by consent of the
3-18 parties, elected, or appointed; and
3-19 (3) in addition to any oath previously taken, the oath
3-20 of office prescribed by law for the special judge, including a
3-21 person who is a retired, former, or active judge, was duly
3-22 administered to the special judge.
3-23 SECTION 5. Section 26.013(a), Government Code, is amended to
3-24 read as follows:
3-25 (a) If the special judge selected to act for a disqualified
3-26 county judge is himself disqualified, the parties by agreement may
3-27 appoint another person <an attorney> as special judge. If the
4-1 parties fail to agree on another special judge who is qualified,
4-2 the judge presiding shall immediately certify that fact to the
4-3 governor. The governor shall appoint a special judge to try the
4-4 case.
4-5 SECTION 6. Subchapter B, Chapter 26, Government Code, is
4-6 amended by adding Sections 26.015 and 26.016 to read as follows:
4-7 Sec. 26.015. SPECIAL JUDGE TO TAKE OATH. In addition to any
4-8 oath previously taken, a person agreed on, elected, or appointed as
4-9 provided by law to serve as special judge of a constitutional
4-10 county court, including a person who is a retired, former, or
4-11 active judge, shall, before entering upon the person's duties as
4-12 special judge, take the oath of office required by the
4-13 constitution.
4-14 Sec. 26.016. RECORD. When a special judge is agreed on by
4-15 the parties, elected, or appointed, the clerk shall enter in the
4-16 minutes as a part of the proceedings in the cause a record that
4-17 gives the special judge's name and shows that:
4-18 (1) the judge of the court was disqualified, absent,
4-19 or disabled to try the cause;
4-20 (2) the special judge was agreed on by consent of the
4-21 parties, elected, or appointed; and
4-22 (3) in addition to any oath previously taken, the oath
4-23 of office prescribed by law for the special judge, including a
4-24 person who is a retired, former, or active judge, was duly
4-25 administered to the special judge.
4-26 SECTION 7. Section 26.022(c), Government Code, is amended to
4-27 read as follows:
5-1 (c) To be appointed a special judge, a person must be<:>
5-2 <(1) a licensed attorney; and>
5-3 <(2)> agreed on by the counsels of record, if the
5-4 counsels are able to agree.
5-5 SECTION 8. Section 26.023(a), Government Code, is amended to
5-6 read as follows:
5-7 (a) The county judge may appoint a retired judge or a
5-8 constitutional county judge from another county as a special judge
5-9 when the county judge is absent from the county or absent because
5-10 of physical incapacity. <A constitutional county court judge
5-11 appointed to sit for another constitutional county court judge must
5-12 be a licensed attorney in this state if the judge for whom he is
5-13 sitting is a licensed attorney in this state.>
5-14 SECTION 9. Section 26.024(a), Government Code, is amended to
5-15 read as follows:
5-16 (a) The county judge may appoint a retired judge or a
5-17 constitutional county judge from another county as a special judge
5-18 to share the bench if the county judge finds that the dockets of
5-19 the county court reflect a case load that the county judge
5-20 considers to be in excess of that which can be disposed of properly
5-21 in a manner consistent with the efficient administration of
5-22 justice. <A constitutional county court judge appointed to sit for
5-23 another constitutional county court judge must be a licensed
5-24 attorney in this state if the judge for whom he is sitting is a
5-25 licensed attorney in this state.>
5-26 SECTION 10. Section 26.025, Government Code, is repealed.
5-27 SECTION 11. This Act takes effect September 1, 1995, and
6-1 applies only to a special judge agreed on, elected, or appointed on
6-2 or after that date.
6-3 SECTION 12. The importance of this legislation and the
6-4 crowded condition of the calendars in both houses create an
6-5 emergency and an imperative public necessity that the
6-6 constitutional rule requiring bills to be read on three several
6-7 days in each house be suspended, and this rule is hereby suspended.