SRC-AAA S.B. 1563 75(R)BILL ANALYSIS


Senate Research CenterS.B. 1563
By: Wentworth
Jurisprudence
4-29-97
Committee Report (Amended)


DIGEST 

Currently, parties to a 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

As proposed, 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

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

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. Amends Chapter 75, Government Code, by adding Subchapter I, as
follows: 

SUBCHAPTER I. GENERAL PROVISIONS

Sec. 75.551. OBJECTION TO ASSIGNED JUDGE OR JUSTICE.  Sets forth
requirements for assigning a judge. Sets forth requirements and procedures
for objecting to an assigned judge or justice. Prohibits a former judge or
justice was not a retired judge or justice from sitting in a trial or
appellate case if either party objects to the judge or justice. 

SECTION 3. Repealer: Section 74.053, Government Code (Objection to
assigned judge). 

SECTION 4. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 5. Emergency clause. 

SUMMARY OF COMMITTEE CHANGES

Amendment 1.

Amends SECTION 1, Section 755.551, Government Code, page 1, lines 13-14,
strike: "any statute, rule, or other authority" and substitute "Chapter 74
or 75, Government Code."