78R3457 SLO-F
By: Duncan S.B. No. 1107
A BILL TO BE ENTITLED
AN ACT
relating to the assignment of certain retired or former justices or
judges as visiting judges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 74.003, Government Code, is amended by
amending Subsection (b) and adding Subsection (f) 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, including at least 48 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.
SECTION 2. Section 74.053, Government Code, is amended to
read as follows:
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.
SECTION 3. Sections 74.055(c) and (e), 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 4. 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 5. Section 74.055(d), Government Code, is
repealed.
SECTION 6. (a) The change in law made by Sections 2 and 4
of this Act applies only to a case that is pending or commences on or
after September 1, 2003.
(b) Except as provided by Subsection (c) of this section,
the change in law made by Sections 1, 3, and 5 of 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) The change in law made by Sections 1, 3, and 5 of this
Act does not apply to a person who immediately before September 1,
2003, meets the eligibility requirements to be assigned as a
visiting judge by the chief justice of the supreme court under
Section 74.003(b) or Chapter 75, Government Code, or to be named on
a list of retired and former judges under Section 74.055(c),
Government Code, other than the certification requirement under
Section 74.055(c)(6), Government Code, and the former law is
continued in effect for determining that person's eligibility for
those purposes.
SECTION 7. This Act takes effect September 1, 2003.