SRC-SLL S.B. 415 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 415
By: Brown
Jurisprudence
2-10-97
As Filed


DIGEST 

Currently, Texas law does not provide for the appointment of associate
judges in Fort Bend County. The ability to appoint associate judges in
Fort Bend County will give needed assistance to the existing courts until
such time as other courts can be created.  This bill will provide for the
appointment of associate judges by the district courts and county courts
at law of Fort Bend County. 

PURPOSE

As proposed, S.B. 415 provides for the appointment of associate judges by
the district courts and county courts at law of Fort Bend County. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 54, Government Code, by adding Subchapter S, as
follows: 

SUBCHAPTER S.  CIVIL, JUVENILE, AND CRIMINAL LAW ASSOCIATE JUDGES IN FORT
BEND COUNTY 

Sec.  54.1001.  APPOINTMENT.  Authorizes a majority of the judges of the
district courts and the statutory county courts at law in Fort Bend County
to determine that one or more full-time or part-time associate judges are
needed to serve those courts.  Requires the judges to issue an order
reflecting that determination and specifying the number of associate
judges and support staff needed.  Authorizes each judge, subject to the
determination of need by the district courts and statutory county courts
at law and the approval of the commissioners court of the county, to
appoint one or more associate judges and support staff to serve the
judge's court.  Authorizes judges to act together to appoint associate
judges to serve their courts. 

Sec.  54.1002.  QUALIFICATIONS.  Sets forth requirements for a person to
be eligible for appointment as an associate judge. 

Sec.  54.1003.  ORDER OF APPOINTMENT.  Sets forth the requirements for an
order appointing an associate judge. 

Sec.  54.1004.  COMPENSATION.  Requires the commissioners court to set the
compensation for associate judges and support staff and determine the
total amount the county will pay as compensation for associate judges and
support staff. 

Sec.  54.1005.  JUDICIAL IMMUNITY.  Provides that an associate judge
appointed under this subchapter has the same judicial immunity as the
district court and statutory county court at law judges. 

Sec.  54.1006.  TERMINATION OF EMPLOYMENT.  Sets forth procedures for
termination of an associate judge's employment. 

 Sec.  54.1007.  WITHDRAWAL OF APPOINTMENT FOR PARTICULAR COURT.
Authorizes the judge of a court for which an associate judge has been
appointed to withdraw the associate judge's appointment to that court by
written order.  Sets forth required contents of the order. 

Sec.  54.1008.  PROCEEDINGS THAT MAY BE REFERRED.  Authorizes a judge to
refer certain proceedings in a criminal case to an associate judge.
Prohibits an associate judge from presiding over a trial on the  merits,
whether or not the trial is before a jury. 

Sec.  54.1009.  CASES THAT MAY BE REFERRED.  Authorizes a judge to refer
to an associate judge certain juvenile, probate, or civil cases or portion
of one of those cases. Prohibits an associate judge from presiding over a
trial on the merits, whether or not the trial is before a jury. 

Sec.  54.1010.  METHOD OF REFERRAL.  Authorizes a case to be referred as
prescribed by published local rules or written orders. 

Sec.  54.1011.  DUTIES AND POWERS.  Sets forth the duties and powers of an
associate judge. 

Sec.  54.1012.  JURY.  Requires an associate judge, if a jury trial is
demanded in a case referred to the associate judge, to refer the case back
to the referring court for a full hearing according to the usual rules
applicable to the case, except as provided by Subsection (b). Provides
that a jury demand does not affect the authority of an associate judge to
handle pretrial matters referred to the associate judge. 

Sec.  54.1013.  COURT REPORTER.  Provides that a court reporter need not
be provided during a hearing conducted by an associate judge.  Authorizes
a referring judge, notwithstanding Subsection (a), to require a reporter
at any hearing. 

Sec.  54.1014.  FAILURE TO COMPLY WITH SUMMONS OR OATH.  Authorizes an
associate judge, if an attorney, party, witness, or any other person fails
to comply with a summons or order, to certify in writing that failure to
the referring court for appropriate action. 

Sec.  54.1015.  PERJURY.  Provides that a witness appearing before an
associate judge is subject to the penalties of perjury as provided by
Chapter 37, Penal Code,  Provides that a witness referred to the court
under Section 54.1014, is subject to the same penalties and orders that
may be imposed on a witness appearing in a hearing before the court. 

Sec.  54.1016.  RETURN TO REFERRING COURT; FINDINGS.  Requires an
associate judge, at the conclusion of the proceedings, to transmit to the
referring court any papers relating to the case, including the associate
judge's findings, conclusions, orders, recommendations, or other action
taken. 

Sec.  54.1017.  COURT ACTION ON REPORT.  Authorizes the court, after the
court receives the associate judge's report, to adopt, modify, correct,
reject or reverse the associate judge's report or to recommit it for
further information, as the court determines to be proper and necessary in
each case.  Authorizes a court, if a judgment has been recommended, to
approve the recommendation and hear more evidence before making its
judgment. 

Sec.  54.1018.  DECREE OR JUDGMENT.  Provides that the finding and
recommendations become the decree or judgment of the court when adopted
and approved by an order of the judge. 

Sec.  54.1019.  MASTER IN CHANCERY.  Provides that this subchapter does
not prohibit a court from appointing a master in chancery as provided by
Rule 171, Texas Rules of Civil Procedure. 

 Sec.  54.1020.  REFEREES.  Authorizes an associate judge appointed under
this subchapter to serve as a referee as provided by Sections 51.04(g) and
54.10, Family Code.  Authorizes a referee appointed under Section
51.04(g), Family Code, to be appointed to serve as an associate judge
under this subchapter.  Authorizes an associate judge appointed under this
subchapter to serve as a master as provided by Section 574.0085, Health
and Safety Code. 

SECTION 2. Emergency clause.
  Effective date: upon passage.