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.