PMWJ C.S.S.B. 1563 75(R)BILL ANALYSIS JUDICIAL AFFAIRS S.B. 1563 By: Wentworth (Hartnett) C.S.S.B. 1563 By: Hartnett 5-23-97 Committee Report (Substituted) BACKGROUND Currently, parties to litigation are granted an automatic objection when a former or defeated judge is assigned to a statutory county court or district court. A recent court opinion has concluded that the language of Section 74.053, Government Code, indicates that the automatic objection provision does not apply to the appointment of a former justice to a court of appeals. This bill entitles a party to one automatic objection to an assigned appellate justice in a civil case if a party files a timely objection to the assignment of the judge or justice. PURPOSE C.S.S.B. 1563 entitles a party to one automatic objection to an assigned appellate justice in a civil case if a party files a timely objection to the assignment of the judge or justice. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1 amends Section 25.0022(w), Government Code, to provide that Chapter 75I, does not apply to an assignment under this section of statutory probate court judges. SECTION 2 adds new Subchapter I, Section 75.551 to Chapter 75 of the Government Code. SUBCHAPTER I. GENERAL PROVISIONS Sec. 75.551. OBJECTION TO ASSIGNED JUDGE OR JUSTICE. Subsec. (a) sets forth notice requirements when assigning a judge to an appellate court. Subsec. (b) prohibits an assigned judge or justice to an appellate court from hearing any part of a civil case if a party files a timely objection. A party may file only one objection for a case through all levels of appeal, except as provided by Subsec. (d). Subsec. (c) requires that an objection must be filed prior to the first hearing that the assigned judge or justice hears. Subsec. (d) prohibits a former judge or justice who was not a retired judge or justice from sitting in an appellate case if either party objects to the judge or justice. Subsec. (e) provides that a party may not object under this section and in the same case object under Sec. 74.053. SECTION 3. Effective date. Application of act. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE Section 1 is the same in both the original engrossed version and in the committee substitute. Sec. 75.551 in Section 2 of the original bill applied to judges and justices assigned to any court. In the substitute, Sec. 75.551 applies only to judges and justices assigned to an appellate court. A reference to pretrial hearings in Sec. 75.551(c) of the original version was deleted in the substitute. Sec. 75.551(e) in Section 2 of the substitute did not appear in the original version. Section 3 in the original version repealed Government Code Sec. 74.053; this does not appear in the substitute. Section 4 in the original version is Section 3 in the substitute. Section 5 in the original version is Section 4 in the substitute.