By Duncan S.B. No. 397
77R4142 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 justice or judge did not resign from office after having received
1-22 notice that formal proceedings by the State Commission on Judicial
1-23 Conduct had been instituted as provided in Section 33.022 and
1-24 before the final disposition of the proceedings;
2-1 (4) annually demonstrate that the justice or judge has
2-2 completed in the past calendar year the educational requirements
2-3 for active 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 justice or judge was authorized by
2-10 election or 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 (f) For purposes of this section, notice of an assignment
3-12 may be given and an objection to an assignment may be filed by
3-13 electronic mail.
3-14 SECTION 3. Sections 74.055(c) and (e), Government Code, are
3-15 amended to read as follows:
3-16 (c) To be eligible to be named on the list, a retired or
3-17 former judge must:
3-18 (1) have served as an active [a] judge for at least 96
3-19 [48] months in a district, statutory probate, statutory county, or
3-20 appellate court;
3-21 (2) have developed substantial experience in the
3-22 judge's area of specialty;
3-23 (3) not have been removed from office;
3-24 (4) certify under oath to the presiding judge, on a
3-25 form prescribed by the state board of regional judges, that the
3-26 judge did not resign from office after having received notice that
3-27 formal proceedings by the State Commission on Judicial Conduct had
4-1 been instituted as provided in Section 33.022 and before the final
4-2 disposition of the proceedings;
4-3 (5) annually demonstrate that the judge has completed
4-4 in the past calendar year the educational requirements for active
4-5 district, statutory probate, and statutory county court judges; and
4-6 (6) certify to the presiding judge a willingness not
4-7 to appear and plead as an attorney in any court in this state for a
4-8 period of two years.
4-9 (e) For purposes of Subsection (c)(1), a month of service is
4-10 calculated as a calendar month or a portion of a calendar month in
4-11 which a judge was authorized by election or appointment [by the
4-12 governor] to preside.
4-13 SECTION 4. Section 75.551, Government Code, is amended by
4-14 amending Subsections (c) and (d) and adding Subsections (e) and (f)
4-15 to read as follows:
4-16 (c) An objection under this section must be filed not later
4-17 than the seventh day after the date that the party receives actual
4-18 notice of the assignment or before the date that the case is
4-19 submitted to the court, whichever date occurs earlier. The court
4-20 may extend the time to file an objection under this section on a
4-21 showing of good cause [first hearing in which the assigned judge or
4-22 justice is assigned to sit].
4-23 (d) A [former] judge or justice who was defeated in the last
4-24 primary or general election for which the judge or justice was a
4-25 candidate for the judicial office held by the judge or justice [not
4-26 a retired judge or justice] may not sit in an appellate case if
4-27 either party objects to the judge or justice.
5-1 (e) In this section, "party" includes multiple parties
5-2 aligned in a case as determined by the appellate court.
5-3 (f) For purposes of this section, notice of an assignment
5-4 may be given and an objection to an assignment may be filed by
5-5 electronic mail.
5-6 SECTION 5. Section 74.055(d), Government Code, is repealed.
5-7 SECTION 6. (a) The change in law made by Sections 2 and 4
5-8 of this Act applies only to a case that is pending or commences on
5-9 or after the effective date of this Act.
5-10 (b) Except as provided by Subsection (c) of this section,
5-11 the change in law made by Sections 1, 3, and 5 of this Act applies
5-12 only to the assignment of a judge or justice under Chapter 74 or
5-13 75, Government Code, made on or after the effective date of this
5-14 Act. An assignment made before the effective date of this Act is
5-15 governed by the law in effect at the time the assignment is made,
5-16 and that law is continued in effect for that purpose.
5-17 (c) The change in law made by Sections 1, 3, and 5 of this
5-18 Act does not apply to a person who immediately before the effective
5-19 date of this Act meets the eligibility requirements to be assigned
5-20 as a visiting judge by the chief justice of the supreme court under
5-21 Section 74.003(b) or Chapter 75, Government Code, or to be named on
5-22 a list of retired and former judges under Section 74.055(c),
5-23 Government Code, other than the certification requirement under
5-24 Section 74.055(c)(6), Government Code, and the former law is
5-25 continued in effect for determining that person's eligibility for
5-26 those purposes.
5-27 SECTION 7. This Act takes effect September 1, 2001.