By Duncan S.B. No. 263
76R1063 JMC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the assignment of certain retired or former judges as
1-3 visiting judges.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 74.003, Government Code, is amended by
1-6 amending Subsection (b) and adding Subsection (f) to read as
1-7 follows:
1-8 (b) The chief justice of the supreme court may assign a
1-9 qualified retired justice or judge of the supreme court, of the
1-10 court of criminal appeals, or of a court of appeals to a court of
1-11 appeals for active service regardless of whether a vacancy exists
1-12 in the court to which the justice is assigned. To be eligible for
1-13 assignment under this subsection, a retired justice or judge must:
1-14 (1) have served as an active justice or judge for at
1-15 least 96 months in a district, statutory probate, statutory county,
1-16 or appellate court, including at least 48 months in an appellate
1-17 court;
1-18 (2) not have been removed from office;
1-19 (3) certify under oath to the chief justice of the
1-20 supreme court, on a form prescribed by the chief justice, that the
1-21 judge did not resign from office after having received notice that
1-22 formal proceedings by the State Commission on Judicial Conduct had
1-23 been instituted as provided in Section 33.022 and before the final
1-24 disposition of the proceedings;
2-1 (4) annually demonstrate that the judge has completed
2-2 in the past calendar year the educational requirements for active
2-3 appellate court justices or judges; and
2-4 (5) certify to the chief justice of the supreme court
2-5 a willingness not to appear and plead as an attorney in any court
2-6 in this state for a period of two years.
2-7 (f) For the purposes of Subsection (b)(1), a month of
2-8 service is calculated as a calendar month or a portion of a
2-9 calendar month in which a judge was authorized by election or
2-10 appointment to preside.
2-11 SECTION 2. Section 74.053, Government Code, is amended to
2-12 read as follows:
2-13 Sec. 74.053. OBJECTION TO [ASSIGNED] JUDGE ASSIGNED TO A
2-14 TRIAL COURT. (a) When a judge is assigned to a trial court under
2-15 this chapter the presiding judge shall, if it is reasonable and
2-16 practicable and if time permits, give notice of the assignment to
2-17 each attorney representing a party to the case that is to be heard
2-18 in whole or part by the assigned judge.
2-19 (b) If a party to a [civil] case files a timely objection to
2-20 the assignment, the judge shall not hear the case. Except as
2-21 provided by Subsection (d), each party to the case is only entitled
2-22 to one objection under this section for that case.
2-23 (c) An objection under this section must be filed not later
2-24 than the seventh day after the date that the party receives actual
2-25 notice of the assignment or before the date that the first hearing
2-26 or trial, including pretrial hearings, commences, whichever date
2-27 occurs earlier. The presiding judge may extend the time to file an
3-1 objection under this section on written motion by a party who
3-2 demonstrates good cause [over which the assigned judge is to
3-3 preside].
3-4 (d) An assigned [A former] judge or justice who was defeated
3-5 in the last primary or general election for which the judge or
3-6 justice was a candidate for the judicial office held by the judge
3-7 or justice [not a retired judge] may not sit in a case if either
3-8 party objects to the judge or justice.
3-9 (e) In this section, "party" includes multiple parties
3-10 aligned in a case as determined by the presiding judge.
3-11 SECTION 3. Sections 74.055(c) and (e), Government Code, are
3-12 amended to read as follows:
3-13 (c) To be eligible to be named on the list, a retired or
3-14 former judge must:
3-15 (1) have served as an active [a] judge for at least 96
3-16 [48] months in a district, statutory probate, statutory county, or
3-17 appellate court;
3-18 (2) have developed substantial experience in the
3-19 judge's area of specialty;
3-20 (3) not have been removed from office;
3-21 (4) certify under oath to the presiding judge, on a
3-22 form prescribed by the state board of regional judges, that the
3-23 judge did not resign from office after having received notice that
3-24 formal proceedings by the State Commission on Judicial Conduct had
3-25 been instituted as provided in Section 33.022 and before the final
3-26 disposition of the proceedings;
3-27 (5) annually demonstrate that the judge has completed
4-1 in the past calendar year the educational requirements for active
4-2 district, statutory probate, and statutory county court judges; and
4-3 (6) certify to the presiding judge a willingness not
4-4 to appear and plead as an attorney in any court in this state for a
4-5 period of two years.
4-6 (e) For purposes of Subsection (c)(1), a month of service is
4-7 calculated as a calendar month or a portion of a calendar month in
4-8 which a judge was authorized by election or appointment [by the
4-9 governor] to preside.
4-10 SECTION 4. Section 75.551, Government Code, is amended to
4-11 read as follows:
4-12 Sec. 75.551. OBJECTION TO JUDGE OR JUSTICE ASSIGNED TO AN
4-13 APPELLATE COURT. (a) When a judge or justice is assigned to an
4-14 appellate court under this chapter or Chapter 74, the person who
4-15 assigns the judge or justice shall, if it is reasonable and
4-16 practicable and if time permits, give notice of the assignment to
4-17 each attorney representing a party to the case that is to be heard
4-18 in whole or part by the assigned judge or justice.
4-19 (b) A judge or justice assigned to an appellate court may
4-20 not hear a [civil] case if a party to the case files a timely
4-21 objection to the assignment of the judge or justice. Except as
4-22 provided by Subsection (d):
4-23 (1) each party to the case is entitled to only one
4-24 objection under this section for that case in the appellate court;
4-25 and
4-26 (2) a party to an appeal may not in the same case
4-27 object in an appellate court to the assignment of a judge or
5-1 justice under Section 74.053(b) and under this subsection.
5-2 (c) An objection under this section must be filed not later
5-3 than the seventh day after the date that the party receives actual
5-4 notice of the assignment or before the date that the case is
5-5 submitted to the court, whichever date occurs earlier. The court
5-6 may extend the time to file an objection under this section on a
5-7 showing of good cause [first hearing in which the assigned judge or
5-8 justice is assigned to sit].
5-9 (d) A [former] judge or justice who was defeated in the last
5-10 primary or general election for which the judge or justice was a
5-11 candidate for the judicial office held by the judge or justice [not
5-12 a retired judge or justice] may not sit in an appellate case if
5-13 either party objects to the judge or justice.
5-14 (e) In this section, "party" includes multiple parties
5-15 aligned in a case as determined by the appellate court.
5-16 SECTION 5. Section 74.055(d), Government Code, is repealed.
5-17 SECTION 6. (a) The change in law made by Sections 2 and 4
5-18 of this Act applies only to a case that is pending or commences on
5-19 or after the effective date of this Act.
5-20 (b) Except as provided by Subsection (c) of this section,
5-21 the change in law made by Sections 1, 3, and 5 of this Act applies
5-22 only to the assignment of a judge or justice under Chapter 74 or
5-23 75, Government Code, made on or after the effective date of this
5-24 Act. An assignment made before the effective date of this Act is
5-25 governed by the law in effect at the time the assignment is made,
5-26 and that law is continued in effect for that purpose.
5-27 (c) The change in law made by Sections 1, 3, and 5 of this
6-1 Act does not apply to a person who immediately before the
6-2 effective date of this Act is eligible to be assigned as a visiting
6-3 judge by the chief justice of the supreme court under Section
6-4 74.003(b) or Chapter 75, Government Code, or to be named on a list
6-5 of retired and former judges under Section 74.055(c), Government
6-6 Code, and the former law is continued in effect for determining
6-7 that person's eligibility for those purposes.
6-8 SECTION 7. This Act takes effect September 1, 1999.
6-9 SECTION 8. The importance of this legislation and the
6-10 crowded condition of the calendars in both houses create an
6-11 emergency and an imperative public necessity that the
6-12 constitutional rule requiring bills to be read on three several
6-13 days in each house be suspended, and this rule is hereby suspended.