1-1 By: Sims, Wentworth S.B. No. 1197
1-2 (In the Senate - Filed March 10, 1995; March 16, 1995, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 19, 1995, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; April 19, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to a special judge serving a county court.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Article 30.03, Code of Criminal Procedure, is
1-11 amended to read as follows:
1-12 Art. 30.03. COUNTY JUDGE DISQUALIFIED, ABSENT, OR DISABLED
1-13 Sec. 1. When the judge of the county court or county court
1-14 at law, or of any county criminal court, is disqualified in any
1-15 criminal case pending in the court of which he is judge, the
1-16 parties may by consent agree upon a special judge to try such case.
1-17 <If they fail to agree upon a special judge to try such case, on or
1-18 before the third day of the term at which such case may be called
1-19 for trial, the practicing attorneys of the court present may elect
1-20 from among their number a special judge who shall try the case.
1-21 The election of the special judge shall be conducted in accordance
1-22 with the provisions of Article 1887, et seq., V.A.C.S.>
1-23 Sec. 2. In the event a county judge <or the regular judge of
1-24 a county court at law created in a county> is absent<,> or is for
1-25 any cause disabled from presiding, a special judge<, who is an
1-26 attorney,> may be appointed by the commissioners court of the
1-27 county.
1-28 Sec. 3. In the event the regular judge of a county court at
1-29 law is absent or for any reason disabled from presiding, a special
1-30 judge who is an attorney may be appointed by the commissioners
1-31 court of the county.
1-32 Sec. 4. The special judge so appointed must possess those
1-33 qualifications required of the regular judge of the court and, when
1-34 appointed shall serve for the period of time designated by the
1-35 order of appointment but in no event beyond that period of time the
1-36 regular judge is absent or disabled.
1-37 SECTION 2. Article 30.04, Code of Criminal Procedure, is
1-38 amended to read as follows:
1-39 Art. 30.04. SPECIAL JUDGE TO TAKE OATH. In addition to any
1-40 oath previously taken, a person <The attorney> agreed upon,
1-41 elected, or appointed to serve as special judge, including a person
1-42 who is a retired, former, or active judge, shall, before he enters
1-43 upon his duties as special judge, take the oath of office required
1-44 by the Constitution.
1-45 SECTION 3. Article 30.05, Code of Criminal Procedure, is
1-46 amended to read as follows:
1-47 Art. 30.05. RECORD MADE BY CLERK. When a special judge is
1-48 agreed upon by the parties, elected, or appointed as herein
1-49 provided, the clerk shall enter in the minutes as a part of the
1-50 proceedings in such cause a record showing:
1-51 1. That the judge of the court was disqualified,
1-52 absent, or disabled to try the cause;
1-53 2. That such special judge (naming him) was by consent
1-54 of the parties agreed upon, or elected or appointed;
1-55 3. That, in addition to any oath previously taken, the
1-56 oath of office prescribed by law for the special judge, including a
1-57 special judge who is a retired, former, or active judge, was duly
1-58 administered to such special judge.
1-59 SECTION 4. Subchapter A, Chapter 25, Government Code, is
1-60 amended by adding Sections 25.0017 and 25.0018 to read as follows:
1-61 Sec. 25.0017. SPECIAL JUDGE TO TAKE OATH. In addition to
1-62 any oath previously taken, a person agreed on, elected, or
1-63 appointed as provided by law to serve as special judge of a
1-64 statutory county court or statutory probate court, including a
1-65 person who is a retired, former, or active judge, shall, before
1-66 entering upon the person's duties as special judge, take the oath
1-67 of office required by the constitution.
1-68 Sec. 25.0018. RECORD. When a special judge is agreed on by
2-1 the parties, elected, or appointed, the clerk shall enter in the
2-2 minutes as a part of the proceedings in the cause a record that
2-3 gives the special judge's name and shows that:
2-4 (1) the judge of the court was disqualified, absent,
2-5 or disabled to try the cause;
2-6 (2) the special judge was agreed on by consent of the
2-7 parties, elected, or appointed; and
2-8 (3) in addition to any oath previously taken, the oath
2-9 of office prescribed by law for the special judge, including a
2-10 person who is a retired, former, or active judge, was duly
2-11 administered to the special judge.
2-12 SECTION 5. Subsection (a), Section 26.013, Government Code,
2-13 is amended to read as follows:
2-14 (a) If the special judge selected to act for a disqualified
2-15 county judge is himself disqualified, the parties by agreement may
2-16 appoint another person <an attorney> as special judge. If the
2-17 parties fail to agree on another special judge who is qualified,
2-18 the judge presiding shall immediately certify that fact to the
2-19 governor. The governor shall appoint a special judge to try the
2-20 case.
2-21 SECTION 6. Subchapter B, Chapter 26, Government Code, is
2-22 amended by adding Sections 26.015 and 26.016 to read as follows:
2-23 Sec. 26.015. SPECIAL JUDGE TO TAKE OATH. In addition to any
2-24 oath previously taken, a person agreed on, elected, or appointed as
2-25 provided by law to serve as special judge of a constitutional
2-26 county court, including a person who is a retired, former, or
2-27 active judge, shall, before entering upon the person's duties as
2-28 special judge, take the oath of office required by the
2-29 constitution.
2-30 Sec. 26.016. RECORD. When a special judge is agreed on by
2-31 the parties, elected, or appointed, the clerk shall enter in the
2-32 minutes as a part of the proceedings in the cause a record that
2-33 gives the special judge's name and shows that:
2-34 (1) the judge of the court was disqualified, absent,
2-35 or disabled to try the cause;
2-36 (2) the special judge was agreed on by consent of the
2-37 parties, elected, or appointed; and
2-38 (3) in addition to any oath previously taken, the oath
2-39 of office prescribed by law for the special judge, including a
2-40 person who is a retired, former, or active judge, was duly
2-41 administered to the special judge.
2-42 SECTION 7. Subsection (c), Section 26.022, Government Code,
2-43 is amended to read as follows:
2-44 (c) To be appointed a special judge, a person must be<:>
2-45 <(1) a licensed attorney; and>
2-46 <(2)> agreed on by the counsels of record, if the
2-47 counsels are able to agree.
2-48 SECTION 8. Subsection (a), Section 26.023, Government Code,
2-49 is amended to read as follows:
2-50 (a) The county judge may appoint a retired judge or a
2-51 constitutional county judge from another county as a special judge
2-52 when the county judge is absent from the county or absent because
2-53 of physical incapacity. <A constitutional county court judge
2-54 appointed to sit for another constitutional county court judge must
2-55 be a licensed attorney in this state if the judge for whom he is
2-56 sitting is a licensed attorney in this state.>
2-57 SECTION 9. Subsection (a), Section 26.024, Government Code,
2-58 is amended to read as follows:
2-59 (a) The county judge may appoint a retired judge or a
2-60 constitutional county judge from another county as a special judge
2-61 to share the bench if the county judge finds that the dockets of
2-62 the county court reflect a case load that the county judge
2-63 considers to be in excess of that which can be disposed of properly
2-64 in a manner consistent with the efficient administration of
2-65 justice. <A constitutional county court judge appointed to sit for
2-66 another constitutional county court judge must be a licensed
2-67 attorney in this state if the judge for whom he is sitting is a
2-68 licensed attorney in this state.>
2-69 SECTION 10. Section 26.025, Government Code, is repealed.
2-70 SECTION 11. This Act takes effect September 1, 1995, and
3-1 applies only to a special judge agreed on, elected, or appointed on
3-2 or after that date.
3-3 SECTION 12. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended.
3-8 * * * * *