By: Duncan S.B. No. 1107
A BILL TO BE ENTITLED
AN ACT
relating to the assignment of certain justices or judges as
visiting judges and to service credit in the judicial retirement
system for certain visiting judges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 74.003, Government Code,
is amended to read as follows:
Sec. 74.003. ASSIGNMENT OF JUSTICES AND JUDGES FOR
APPELLATE COURTS [JUDGES].
SECTION 2. Section 74.003, Government Code, is amended by
amending Subsection (b) and adding Subsections (f) and (g) to read
as follows:
(b) The chief justice of the supreme court may assign a
qualified retired justice or judge of the supreme court, of the
court of criminal appeals, or of a court of appeals to a court of
appeals for active service regardless of whether a vacancy exists
in the court to which the justice is assigned. To be eligible for
assignment under this subsection, a retired justice or judge must:
(1) have served as an active justice or judge for at
least 96 months in a district, statutory probate, statutory county,
or appellate court, with at least 48 of those months in an appellate
court;
(2) not have been removed from office;
(3) certify under oath to the chief justice of the
supreme court, on a form prescribed by the chief justice, that the
justice or judge did not resign from office after having received
notice that formal proceedings by the State Commission on Judicial
Conduct had been instituted as provided in Section 33.022 and
before the final disposition of the proceedings;
(4) annually demonstrate that the justice or judge has
completed in the past calendar year the educational requirements
for active appellate court justices or judges; and
(5) certify to the chief justice of the supreme court a
willingness not to appear and plead as an attorney in any court in
this state for a period of two years.
(f) For the purposes of Subsection (b)(1), a month of
service is calculated as a calendar month or a portion of a calendar
month in which a justice or judge was authorized by election or
appointment to preside.
(g) Notwithstanding any other provision of law, an active
district court judge may be assigned to hear a matter pending in an
appellate court.
SECTION 3. Sections 74.041 and 74.053, Government Code, are
amended to read as follows:
Sec. 74.041. DEFINITIONS. In this chapter:
(1) "Active judge" means a person who holds a judicial
office.
(2) "Administrative region" means an administrative
judicial region created by Section 74.042.
(3) "Former judge" means a person who has served as an
active judge in a district, statutory probate, statutory county, or
appellate court, but who is not a retired judge.
(4) [(2)] "Presiding judge" means the presiding judge
of an administrative region.
(5) "Retired judge" means:
(A) a retiree; or
(B) a person who has served as an active judge for
at least 96 months in a statutory probate or statutory county court
and has retired under the Texas County and District Retirement
System.
(6) [(3)] "Retiree" means a person who has retired
under the Judicial Retirement System of Texas, the Judicial
Retirement System of Texas Plan One, or the Judicial Retirement
System of Texas Plan Two.
Sec. 74.053. OBJECTION TO [ASSIGNED] JUDGE ASSIGNED TO A
TRIAL COURT. (a) When a judge is assigned to a trial court under
this chapter the presiding judge shall, if it is reasonable and
practicable and if time permits, give notice of the assignment to
each attorney representing a party to the case that is to be heard
in whole or part by the assigned judge.
(b) If a party to a civil case files a timely objection to
the assignment, the judge shall not hear the case. Except as
provided by Subsection (d), each party to the case is only entitled
to one objection under this section for that case.
(c) An objection under this section must be filed not later
than the seventh day after the date that the party receives actual
notice of the assignment or before the date that the first hearing
or trial, including pretrial hearings, commences, whichever date
occurs earlier. The presiding judge may extend the time to file an
objection under this section on written motion by a party who
demonstrates good cause [over which the assigned judge is to
preside].
(d) An assigned [A former] judge or justice who was defeated
in the last primary or general election in which the judge or
justice was a candidate for the judicial office held by the judge or
justice [not a retired judge] may not sit in a case if either party
objects to the judge or justice.
(e) In this section, "party" includes multiple parties
aligned in a case as determined by the presiding judge.
(f) For purposes of this section, notice of an assignment
may be given and an objection to an assignment may be filed by
electronic mail.
(g) An active district judge assigned under this chapter is
not subject to objection.
SECTION 4. Subsections (a) and (b), Section 74.054,
Government Code, are amended to read as follows:
(a) Except as provided by Subsections (b) and (c), the
following judges may be assigned as provided by this chapter by the
presiding judge of the administrative region in which the assigned
judge resides:
(1) an active [a regular] district, constitutional
county, or statutory county court judge in this state;
(2) a senior [district or appellate] judge [who is a
retiree under Subtitle D or E of Title 8,] who has consented to be
subject to assignment[,] and who is on the list maintained by the
presiding judge under this chapter;
(3) a former district or appellate judge, retired or
former statutory probate court judge, or retired or former
statutory county court judge who certifies to the presiding judge a
willingness to serve and who is on the list maintained by the
presiding judge as required by this chapter;
(4) a retiree or a former judge whose last judicial
office before retirement was justice or judge of the supreme court,
the court of criminal appeals, or a court of appeals and who has
been assigned by the chief justice to the administrative judicial
region in which the retiree or former judge resides for
reassignment by the presiding judge of that region to a district or
statutory county court in the region; and
(5) an active judge or justice of the supreme court,
the court of criminal appeals, or a court of appeals who has had
trial court experience.
(b) An active [A regular] 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.
SECTION 5. Subsections (c) and (e), Section 74.055,
Government Code, are amended to read as follows:
(c) To be eligible to be named on the list, a retired or
former judge must:
(1) have served as an active [a] judge for at least 96
[48] months in a district, statutory probate, statutory county, or
appellate court;
(2) have developed substantial experience in the
judge's area of specialty;
(3) not have been removed from office;
(4) certify under oath to the presiding judge, on a
form prescribed by the state board of regional judges, that the
judge did not resign from office after having received notice that
formal proceedings by the State Commission on Judicial Conduct had
been instituted as provided in Section 33.022 and before the final
disposition of the proceedings;
(5) annually demonstrate that the judge has completed
in the past calendar year the educational requirements for active
district, statutory probate, and statutory county court judges; and
(6) certify to the presiding judge a willingness not
to appear and plead as an attorney in any court in this state for a
period of two years.
(e) For purposes of Subsection (c)(1), a month of service is
calculated as a calendar month or a portion of a calendar month in
which a judge was authorized by election or appointment [by the
governor] to preside.
SECTION 6. Section 74.057, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) The chief justice may assign any judge that may be
assigned by the presiding judge of an administrative region under
Section 74.054. An assignment by the chief justice under this
section is not subject to objection under Section 74.053.
SECTION 7. Section 74.061, Government Code, is amended by
amending Subsection (c) and adding Subsections (j) and (k) to read
as follows:
(c) The salary of a retired judge or justice while assigned
under this chapter shall be paid out of money appropriated from the
general revenue fund for that purpose in an amount equal to the
compensation received from state and county sources of the judge of
the court to which he is assigned. The salary of a retired judge or
justice while assigned shall be determined pro rata for the period
of time that the judge or justice actually sits as the assigned
judge. The salary of a retired statutory county court judge
assigned under this chapter to serve in a district court [or
statutory county court] shall be paid by the state in the same
manner as the salary of a retired district judge assigned under this
chapter to serve in a district court [or statutory county court] is
paid by the state.
(j) A judge or justice 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 a judge or justice is entitled for
sitting as an assigned judge for a full day under this section.
(k) Notwithstanding any other provision of 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.
SECTION 8. Section 75.551, Government Code, is amended by
amending Subsections (c) and (d) and adding Subsections (e) and (f)
to read as follows:
(c) An objection under this section must be filed not later
than the seventh day after the date that the party receives actual
notice of the assignment or before the date that the case is
submitted to the court, whichever date occurs earlier. The court
may extend the time to file an objection under this section on a
showing of good cause [first hearing in which the assigned judge or
justice is assigned to sit].
(d) A [former] judge or justice who was defeated in the last
primary or general election in which the judge or justice was a
candidate for the judicial office held by the judge or justice [not
a retired judge or justice] may not sit in an appellate case if
either party objects to the judge or justice.
(e) In this section, "party" includes multiple parties
aligned in a case as determined by the appellate court.
(f) For purposes of this section, notice of an assignment
may be given and an objection to an assignment may be filed by
electronic mail.
SECTION 9. Subchapter B, Chapter 835, Government Code, is
amended by adding Section 835.104 to read as follows:
Sec. 835.104. CONTRIBUTIONS FOR VISITING DISTRICT JUDGES.
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.
SECTION 10. Subchapter B, Chapter 840, Government Code, is
amended by adding Section 840.107 to read as follows:
Sec. 840.107. CONTRIBUTIONS FOR VISITING DISTRICT JUDGES.
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.
SECTION 11. Subsection (d), Section 74.055, Government
Code, is repealed.
SECTION 12. (a) Sections 74.053 and 75.551, Government
Code, as amended by this Act, apply only to a case that is pending or
commences on or after September 1, 2003.
(b) Except as provided by Subsections (a) and (c) of this
section, this Act applies only to the assignment of a judge or
justice under Chapter 74 or 75, Government Code, made on or after
September 1, 2003. An assignment made before September 1, 2003, is
governed by the law in effect at the time the assignment is made,
and that law is continued in effect for that purpose.
(c) This Act does not apply to a person who immediately
before September 1, 2003, meets the eligibility requirements to be
assigned by the chief justice of the supreme court under Subsection
(b), Section 74.003, or Chapter 75, Government Code, or to be named
on a list of retired and former judges under Subsection (c), Section
74.055, Government Code, other than the certification requirement
under Subdivision (6), Subsection (c), Section 74.055, Government
Code, and the former law is continued in effect for determining that
person's eligibility for those purposes.
SECTION 13. This Act takes effect September 1, 2003.