C.S.S.B. 1107 78(R)    BILL ANALYSIS


C.S.S.B. 1107
By: Duncan
Judicial Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Government Code provides for the assignment of "visiting" judges to
hear cases in the trial courts and in the courts of appeals.  C.S.S.B.
1107 is an outgrowth of interim discussions regarding improvements to the
visiting judges program and also contains provisions regarding the
compensation of certain visiting judges.  

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. 

ANALYSIS

C.S.S.B. 1107 amends the Government Code to provide that notwithstanding
any other law, the salary of a judge or a former or retired judge of a
statutory probate court assigned under certain circumstances to serve in a
statutory county court or constitutional county court shall be paid by the
state in the same manner as the salary of a retired district judge
assigned to serve in a district court or statutory county court.  The bill
also requires that the presiding judge certify to the state a
determination of such assigned judges' salaries.  The bill also cleans up
numerous mis-numbered sections and redundant provisions.   

The bill amends the Government Code to define "active judge," "former
judge," "retired judge," and "senior judge."  The bill provides that in
order to be eligible for assignment to a court of appeals, a retired
justice or judge (unless a retired justice of the supreme court) must have
at least 96 months of active service in a district, statutory probate,
statutory county or appellate court, and that at least 48 of these 96
months must be at the appellate level.  Such judges must not have been
removed from office nor publicly reprimanded nor censured by the State
Commission on Judicial Conduct (the "Commission") nor have resigned in
lieu of discipline or after notice by the Commission of a full
investigation into an allegation of misconduct.  Such judges must also
meet certain continuing education requirements and certify a willingness
not to appear and plead as an attorney in any court in the state for a
period of 2 years.  The bill also provides for certain calculations
regarding months of service and states that notwithstanding any other
provision of law, an active district court judge may be assigned to hear a
matter pending in an appellate court.   

The bill provides that when a visiting judge is assigned to a trial court,
the order of assignment must state whether the judge is an active, former,
retired or senior judge, and that each party is only entitled to one
objection.  A "party" is defined to include multiple parties aligned in a
case as determined by the presiding judge.  An "active" judge is not
subject to objection, but an assigned judge or justice who was defeated
for re-election to his or her current bench may not sit in a case if
either party objects.  The bill also specifies what constitutes timely
objection and provides that notice of a judge's assignment and a party's
objection thereto can be filed by electronic mail.   

The bill amends Section 74.054 of the Government Code to specify more
clearly the provisions for assignment of active and senior judges, and to
state that an active statutory county court judge may not be assigned to
hear a matter pending in a district court outside the county of the
judge's residence.   

The bill also amends the Government Code to specify that to be named on
the list of retired or  former judges subject to assignment, a retired or
former judge must have served as an active judge for at least 96 months in
a district, statutory probate, statutory county, or appellate court.  In
addition, such judges must not have been removed from office, nor publicly
reprimanded or censured by the State Commission on Judicial Conduct, nor
have resigned in lieu of discipline or after notice by the Commission of a
full investigation into an allegation of misconduct.  A former or retired
judge named on the list must also immediately notify the presiding judge
of the commencement of a full investigation by the Commission into an
allegation or appearance of misconduct or disability by the judge.  A
judge failing to do this is ineligible to remain on the list.  To remain
on the list, a judge must also complete certain continuing education
requirements.   

The bill amends Section 74.061, Government Code by providing that the
salary of a judge assigned to serve in a statutory county court at law
shall be paid by the state only if that court has the civil jurisdiction
of a district court.  The bill also provides that a judge who sits as an
assigned judge for half a day or less shall be compensated in an amount
that is equal to one-half of the amount to which the judge would is
entitled for sitting as an assigned judge for a full day.   

The bill also requires the order of assignment for an appellate court to
state whether the judge or justice is an active, former, retired or senior
judge or justice. Each party is only entitled to one objection.  A "party"
is defined to include multiple parties aligned in a case as determined by
the presiding judge.  An active judge is not subject to objection, but an
assigned judge or justice who was defeated for re-election to his or her
current bench may not sit in a case if either party objects. The bill also
specifies what constitutes timely objection and provides that notice of a
judge's assignment and a party's objection thereto can be filed by
electronic mail.   

The bill specifies that a visiting or assigned state district judge is not
entitled to receive service credit in either judicial retirement system
for any month in which the judge makes a payroll contribution that is less
than the amount of payroll contribution of a full time district judge.  A
visiting or assigned state district judge is not considered to have made
the required monthly contribution until the judge offsets any deficiency
with a direct payment to the retirement system or through an actual cash
reduction of future state salary.   

The bill also repeals sections of the Government Code made inconsistent
with the bill. 

EFFECTIVE DATE

September 1, 2003. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute provides for the compensation by the state of visiting
statutory probate court judges under certain circumstances.   

The substitute provides, in several sections, that in order to be eligible
to serve as a visiting judge, a judge must not have been publicly
reprimanded or censured by the State Commission on Judicial Conduct (the
"Commission") or resigned in lieu of such discipline or upon notice of a
full investigation by the Commission into an allegation of misconduct.
The original required notice of formal proceedings by the Commission.   

The substitute states that the experience requirements do not apply to a
retired justice of the supreme court.  The original did not contain this
provision.   

The substitute adds a definition for "senior judge."  

The substitute adds a provision that the order of assignment, for both
trial and appellate judges, must state whether the judge is an active,
former, retired or senior judge.   

The substitute adds a provision making a judge ineligible for the visiting
judge list if he or she is identified in a public statement issued by the
Commission as having resigned or retired in lieu of  discipline.  It also
requires a judge to immediately notify the presiding judge of a full
investigation by the Commission into an allegation or appearance of
misconduct by the judge.   

The original eliminated state funding for the salary of any visiting judge
serving in a statutory county court.  The substitute only does so for
judges serving in statutory county courts that do not have the civil
jurisdiction of a district court.   

The substitute deletes a provision in the original that provided that the
chief justice may assign any judge that may be assigned by the presiding
judge of an administrative region under Section 74.054, Government Code.   

The substitute also deletes a provision in the original that stated
notwithstanding any other law, a former, retired, or active judge is not
entitled to compensation paid by the state when the judge sits as an
assigned judge for a statutory county court.   

The substitute adds a provision in reference to a judge assigned to an
appellate court stating that an active judge is not subject to an
objection.