BILL ANALYSIS
By: Herrero
BACKGROUND AND PURPOSE
With increases in population and caseloads, better efficiency in the administration of the criminal law is a concern for most localities. The purpose of this bill is to adopt a statutory system for the appointment and activities of criminal law magistrates in Nueces County.
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
The bill would amend the Government Code to make provisions applicable to Nueces County for criminal law magistrates. The number of magistrates would be set by the commissioners court. Magistrates under these provisions would be selected jointly by the judges of the district courts for district court service, the county courts for county court service, or both on a half time basis for each set of courts on the agreement of the judges. Termination for a set of courts is by majority vote of the judges of such courts. Eligibility is limited to licensed lawyers residing in Nueces County with 10 years of active criminal law experience. Preference is to be given to former and retired judges. Immunity is provided, and staff is to be supplied by the clerk of the court served. The powers supplied to magistrates are broad, but typical of magistrate duties in other jurisdictions. Primary jurisdiction is retained by the referring court, and a magistrate may not dismiss a case. Recordings or transcription of proceedings is required.
The act requires a sworn waiver of right to speedy trial prior to consideration for pretrial diversion.
EFFECTIVE DATE
September 1, 2007.