1-1 By: Brown, Armbrister, Ellis S.B. No. 415 1-2 (In the Senate - Filed February 3, 1997; February 5, 1997, 1-3 read first time and referred to Committee on Jurisprudence; 1-4 February 18, 1997, reported favorably by the following vote: Yeas 1-5 7, Nays 0; February 18, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to associate judges appointed by the district courts and 1-9 county courts at law of Fort Bend County. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Chapter 54, Government Code, is amended by adding 1-12 Subchapter S to read as follows: 1-13 SUBCHAPTER S. CIVIL, JUVENILE, AND CRIMINAL LAW 1-14 ASSOCIATE JUDGES IN FORT BEND COUNTY 1-15 Sec. 54.1001. APPOINTMENT. (a) A majority of the judges of 1-16 the district courts and the statutory county courts at law in Fort 1-17 Bend County may determine that one or more full-time or part-time 1-18 associate judges are needed to serve those courts. 1-19 (b) The judges shall issue an order reflecting that 1-20 determination and specifying the number of associate judges and 1-21 support staff needed. 1-22 (c) Subject to the determination of need by the district 1-23 courts and statutory county courts at law and the approval of the 1-24 commissioners court of the county, each judge may appoint one or 1-25 more associate judges and support staff to serve the judge's court. 1-26 (d) Judges may act together to appoint associate judges to 1-27 serve their courts. 1-28 Sec. 54.1002. QUALIFICATIONS. To be eligible for 1-29 appointment as an associate judge, a person must: 1-30 (1) be a resident of this state; and 1-31 (2) have been licensed to practice law in this state 1-32 for at least four years. 1-33 Sec. 54.1003. ORDER OF APPOINTMENT. The order appointing an 1-34 associate judge must be entered in the minutes of each court making 1-35 the order and must state: 1-36 (1) the associate judge's name and state bar 1-37 identification number; 1-38 (2) the name of each court the associate judge will 1-39 serve; and 1-40 (3) the date the associate judge's service is to 1-41 begin. 1-42 Sec. 54.1004. COMPENSATION. The commissioners court shall 1-43 set the compensation for associate judges and support staff and 1-44 determine the total amount the county will pay as compensation for 1-45 associate judges and support staff. 1-46 Sec. 54.1005. JUDICIAL IMMUNITY. An associate judge 1-47 appointed under this subchapter has the same judicial immunity as 1-48 the district court and statutory county court at law judges. 1-49 Sec. 54.1006. TERMINATION OF EMPLOYMENT. (a) An associate 1-50 judge who serves a single court serves at the will of the judge of 1-51 that court. 1-52 (b) The employment of an associate judge who serves two 1-53 courts may be terminated by either of the judges of those courts. 1-54 (c) The employment of an associate judge who serves more 1-55 than two courts may be terminated by a majority of the judges of 1-56 those courts. 1-57 (d) To terminate an associate judge's employment, the 1-58 appropriate judges must sign a written order of termination. The 1-59 order must state: 1-60 (1) the associate judge's name and state bar 1-61 identification number; 1-62 (2) the name of the court ordering the termination; 1-63 and 1-64 (3) the date the associate judge's services end. 2-1 Sec. 54.1007. WITHDRAWAL OF APPOINTMENT FOR PARTICULAR 2-2 COURT. The judge of a court for which an associate judge has been 2-3 appointed may withdraw the associate judge's appointment to that 2-4 court by written order. The order must state: 2-5 (1) the associate judge's name and state bar 2-6 identification number; 2-7 (2) the name of the court ordering the withdrawal; and 2-8 (3) the date the associate judge's services end as to 2-9 that court. 2-10 Sec. 54.1008. PROCEEDINGS THAT MAY BE REFERRED. (a) A 2-11 judge may refer to an associate judge any criminal case for 2-12 proceedings involving: 2-13 (1) a negotiated plea of guilty before the court; 2-14 (2) a bond forfeiture; 2-15 (3) a pretrial motion; 2-16 (4) a postconviction writ of habeas corpus; 2-17 (5) an examining trial; and 2-18 (6) any other matter the judge considers necessary and 2-19 proper. 2-20 (b) An associate judge may not preside over a trial on the 2-21 merits, whether or not the trial is before a jury. 2-22 Sec. 54.1009. CASES THAT MAY BE REFERRED. (a) A judge may 2-23 refer to an associate judge any juvenile, probate, or civil case or 2-24 portion of one of those cases brought: 2-25 (1) under Title 1, 2, 3, 4, or 5, Family Code; 2-26 (2) in connection with Rule 308a, Texas Rules of Civil 2-27 Procedure; 2-28 (3) in connection with Title 7, Health and Safety 2-29 Code; or 2-30 (4) under the civil jurisdiction of the appointing 2-31 court. 2-32 (b) An associate judge may not preside over a trial on the 2-33 merits, whether or not the trial is before a jury. 2-34 Sec. 54.1010. METHOD OF REFERRAL. A case may be referred as 2-35 prescribed by published local rules or by written orders. 2-36 Sec. 54.1011. DUTIES AND POWERS. (a) Except as limited by 2-37 an order of referral, an associate judge to whom a case is referred 2-38 may: 2-39 (1) conduct hearings; 2-40 (2) hear evidence; 2-41 (3) compel production of relevant evidence; 2-42 (4) rule on admissibility of evidence; 2-43 (5) issue summons for the appearance of witnesses; 2-44 (6) examine witnesses; 2-45 (7) swear witnesses for hearings; 2-46 (8) make findings of fact on evidence; 2-47 (9) formulate conclusions of law; 2-48 (10) rule on a pretrial motion; 2-49 (11) recommend the rulings, orders, or judgment to be 2-50 made in a case; 2-51 (12) regulate proceedings in a hearing; and 2-52 (13) do any act and take any measure necessary and 2-53 proper for the efficient performance of the duties required by the 2-54 order of referral. 2-55 (b) An associate judge may not enter a ruling on any issue 2-56 of law or fact if that ruling could result in dismissal or require 2-57 dismissal of a pending criminal prosecution or civil case, but the 2-58 associate judge may make findings, conclusions, and recommendations 2-59 on those issues. 2-60 (c) An order of referral may limit the use or power of an 2-61 associate judge. 2-62 (d) Unless limited by published local rule, by written 2-63 order, or by an order of referral, an associate judge may perform 2-64 all acts and take all measures necessary and proper to perform the 2-65 tasks assigned in a referral. 2-66 (e) An associate judge may administer oaths. 2-67 (f) An associate judge has the jurisdiction provided by the 2-68 constitution and laws of this state for magistrates and is a 2-69 magistrate as defined by Article 2.09, Code of Criminal Procedure. 3-1 Sec. 54.1012. JURY. (a) Except as provided by Subsection 3-2 (b), if a jury trial is demanded in a case referred to an associate 3-3 judge, the associate judge shall refer the case back to the 3-4 referring court for a full hearing according to the usual rules 3-5 applicable to the case. 3-6 (b) A jury demand does not affect the authority of an 3-7 associate judge to handle pretrial matters referred to the 3-8 associate judge. 3-9 Sec. 54.1013. COURT REPORTER. (a) A court reporter need 3-10 not be provided during a hearing conducted by an associate judge. 3-11 (b) Notwithstanding Subsection (a), a referring judge may 3-12 require a reporter at any hearing. 3-13 Sec. 54.1014. FAILURE TO COMPLY WITH SUMMONS OR OATH. If an 3-14 attorney, party, witness, or any other person fails to comply with 3-15 a summons or order, the associate judge may certify in writing that 3-16 failure to the referring court for appropriate action. 3-17 Sec. 54.1015. PERJURY. (a) A witness appearing before an 3-18 associate judge is subject to the penalties of perjury as provided 3-19 by Chapter 37, Penal Code. 3-20 (b) A witness referred to the court under Section 54.1014 is 3-21 subject to the same penalties and orders that may be imposed on a 3-22 witness appearing in a hearing before the court. 3-23 Sec. 54.1016. RETURN TO REFERRING COURT; FINDINGS. At the 3-24 conclusion of the proceedings, an associate judge shall transmit to 3-25 the referring court any papers relating to the case, including the 3-26 associate judge's findings, conclusions, orders, recommendations, 3-27 or other action taken. 3-28 Sec. 54.1017. COURT ACTION ON REPORT. (a) After the court 3-29 receives the associate judge's report, the court may adopt, modify, 3-30 correct, reject, or reverse the associate judge's report or may 3-31 recommit it for further information, as the court determines to be 3-32 proper and necessary in each case. 3-33 (b) If a judgment has been recommended, the court may 3-34 approve the recommendation and hear more evidence before making its 3-35 judgment. 3-36 Sec. 54.1018. DECREE OR JUDGMENT. The finding and 3-37 recommendations become the decree or judgment of the court when 3-38 adopted and approved by an order of the judge. 3-39 Sec. 54.1019. MASTER IN CHANCERY. This subchapter does not 3-40 prohibit a court from appointing a master in chancery as provided 3-41 by Rule 171, Texas Rules of Civil Procedure. 3-42 Sec. 54.1020. REFEREES. (a) An associate judge appointed 3-43 under this subchapter may serve as a referee as provided by 3-44 Sections 51.04(g) and 54.10, Family Code. 3-45 (b) A referee appointed under Section 51.04(g), Family Code, 3-46 may be appointed to serve as an associate judge under this 3-47 subchapter. 3-48 (c) An associate judge appointed under this subchapter may 3-49 serve as a master as provided by Section 574.0085, Health and 3-50 Safety Code. 3-51 SECTION 2. The importance of this legislation and the 3-52 crowded condition of the calendars in both houses create an 3-53 emergency and an imperative public necessity that the 3-54 constitutional rule requiring bills to be read on three several 3-55 days in each house be suspended, and this rule is hereby suspended, 3-56 and that this Act take effect and be in force from and after its 3-57 passage, and it is so enacted. 3-58 * * * * *