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A BILL TO BE ENTITLED
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AN ACT
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relating to the recusal or disqualification of a statutory probate |
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court judge and subsequent assignment of another judge. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 25.0022(d) and (h), Government Code, |
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are amended to read as follows: |
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(d) The presiding judge shall: |
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(1) ensure the promulgation of local rules of |
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administration in accordance with policies and guidelines set by |
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the supreme court; |
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(2) advise local statutory probate court judges on |
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case flow management practices and auxiliary court services; |
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(3) perform a duty of a local administrative statutory |
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probate court judge if the local administrative judge does not |
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perform that duty; |
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(4) appoint an assistant presiding judge of the |
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statutory probate courts; |
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(5) call and preside over annual meetings of the |
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judges of the statutory probate courts at a time and place in the |
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state as designated by the presiding judge; |
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(6) call and convene other meetings of the judges of |
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the statutory probate courts as considered necessary by the |
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presiding judge to promote the orderly and efficient administration |
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of justice in the statutory probate courts; |
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(7) study available statistics reflecting the |
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condition of the dockets of the probate courts in the state to |
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determine the need for the assignment of judges under this section; |
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[and] |
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(8) compare local rules of court to achieve uniformity |
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of rules to the extent practical and consistent with local |
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conditions; and |
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(9) assign a judge or former or retired judge of a |
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statutory probate court to hear a case under the circumstances |
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described by Section 25.002201(b). |
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(h) Subject to Section 25.002201, a [A] judge or a former or |
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retired judge of a statutory probate court may be assigned by the |
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presiding judge of the statutory probate courts to hold court in a |
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statutory probate court, a county court, or any statutory court |
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exercising probate jurisdiction when: |
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(1) a statutory probate judge requests assignment of |
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another judge to the judge's court; |
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(2) a statutory probate judge is absent, disabled, or |
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disqualified for any reason; |
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(3) a statutory probate judge is present or is trying |
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cases as authorized by the constitution and laws of this state and |
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the condition of the court's docket makes it necessary to appoint an |
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additional judge; |
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(4) the office of a statutory probate judge is vacant; |
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(5) the presiding judge of an administrative judicial |
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district requests the assignment of a statutory probate judge to |
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hear a probate matter in a county court or statutory county court; |
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(6) the presiding judge of the administrative judicial |
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district fails to timely assign a judge to replace a recused or |
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disqualified statutory probate court judge as described by Section |
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25.002201(b) [a motion to recuse the judge of a statutory probate
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court has been filed]; |
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(7) a county court judge requests the assignment of a |
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statutory probate judge to hear a probate matter in the county |
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court; or |
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(8) a local administrative statutory probate court |
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judge requests the assignment of a statutory probate judge to hear a |
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matter in a statutory probate court. |
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SECTION 2. Subchapter B, Chapter 25, Government Code, is |
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amended by adding Section 25.002201 to read as follows: |
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Sec. 25.002201. ASSIGNMENT OF JUDGE ON RECUSAL OR |
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DISQUALIFICATION. (a) Not later than the 15th day after the date |
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an order of recusal or disqualification of a statutory probate |
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court judge is issued in a case, the presiding judge of the |
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administrative judicial district shall assign a statutory probate |
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court judge or a former or retired judge of a statutory probate |
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court to hear the case if: |
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(1) the judge of the statutory probate court recused |
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himself or herself under Section 25.00255(g)(1)(A); |
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(2) the judge of the statutory probate court |
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disqualified himself or herself under Section 25.00255(g-1); |
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(3) the order was issued under Section |
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25.00255(i-3)(1); or |
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(4) the presiding judge of the administrative judicial |
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district receives notice and a request for assignment from the |
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clerk of the statutory probate court under Section 25.00255(l). |
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(b) If the presiding judge of an administrative judicial |
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district does not assign a judge under Subsection (a) within the |
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time prescribed by that subsection, the presiding judge of the |
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statutory probate courts may assign a judge to hear the case instead |
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of the presiding judge of the administrative judicial district |
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making the assignment under that subsection. |
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(c) The provisions of Section 25.0022 applicable to a judge |
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assigned under that section apply to the same extent to a judge |
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assigned under the authority of this section. |
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SECTION 3. Section 25.00255, Government Code, is amended by |
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amending Subsections (f), (g), (h), and (i) and adding Subsections |
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(g-1), (i-1), (i-2), (i-3), (i-4), (i-5), (l), and (m) to read as |
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follows: |
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(f) Before further proceedings in a case in which a motion |
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for the recusal or disqualification of a judge has been filed, the |
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judge shall: |
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(1) recuse or disqualify himself or herself; or |
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(2) request the assignment of a judge to hear the |
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motion by forwarding the motion and opposing and concurring |
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statements to the presiding judge of the statutory probate courts |
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as provided by Subsection (h). |
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(g) A judge who recuses himself or herself: |
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(1) shall enter an order of recusal and: |
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(A) if the judge serves a statutory probate court |
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located in a county with only one statutory probate court, request |
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that the presiding judge of the administrative judicial district |
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assign [statutory probate courts request the assignment of] a judge |
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under Section 25.002201 to hear the case; or |
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(B) subject to Subsection (l), if the judge |
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serves a statutory probate court located in a county with more than |
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one statutory probate court, request that the clerk who serves the |
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statutory probate courts in that county randomly reassign the case |
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to a judge of one of the other statutory probate courts located in |
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the county [motion for recusal or disqualification as provided by
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Subsection (i)]; and |
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(2) may not take other action in the case except for |
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good cause stated in the order in which the action is taken. |
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(g-1) A judge who disqualifies himself or herself: |
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(1) shall enter an order of disqualification and |
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request that the presiding judge of the administrative judicial |
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district assign a judge under Section 25.002201 to hear the case; |
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and |
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(2) may not take other action in the case. |
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(h) A judge who does not recuse or disqualify himself or |
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herself: |
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(1) shall forward to the presiding judge of the |
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statutory probate courts, in either original form or certified |
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copy, an order of referral, the motion for recusal or |
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disqualification, and all opposing and concurring statements; and |
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(2) may not take other action in the case during the |
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time after the filing of the motion for recusal or disqualification |
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and before a hearing on the motion, except for good cause stated in |
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the order in which the action is taken. |
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(i) After receiving a request under Subsection [(g) or] (h), |
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the presiding judge of the statutory probate courts shall |
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immediately forward the request to the presiding judge of the |
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administrative judicial district and request that the presiding |
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judge of the administrative judicial district assign a judge to |
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hear the motion for recusal or disqualification. Not later than the |
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15th day after the date [On receipt of the request,] the presiding |
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judge of the administrative judicial district receives the request, |
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the presiding judge shall: |
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(1) [immediately] set a hearing before himself or |
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herself or a judge designated by the presiding judge, except that |
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the presiding judge may not designate a judge of a statutory probate |
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court in the same county as the statutory probate court served by |
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the judge who is the subject of the motion; |
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(2) cause notice of the hearing to be given to all |
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parties or their counsel to the case; and |
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(3) make other orders, including orders for interim or |
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ancillary relief, in the pending case. |
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(i-1) If the presiding judge of the administrative judicial |
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district does not assign a judge to hear a motion for recusal or |
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disqualification within the time prescribed by Subsection (i), the |
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presiding judge of the statutory probate courts may assign a judge |
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to hear the motion and take other action under that subsection. |
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(i-2) A judge who hears a motion for recusal or |
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disqualification under Subsection (i) or (i-1) may also hear any |
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amended or supplemented motion for recusal or disqualification |
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filed in the case. |
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(i-3) If a motion for recusal or disqualification is granted |
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after a hearing conducted as provided by Subsection (i) or (i-1), |
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the judge who heard the motion shall: |
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(1) if the judge subject to recusal or |
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disqualification serves a statutory probate court located in a |
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county with only one statutory probate court, enter an order of |
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recusal or disqualification, as appropriate, and request that the |
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presiding judge of the administrative judicial district assign a |
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judge under Section 25.002201 to hear the case; or |
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(2) subject to Subsection (l), if the judge subject to |
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recusal or disqualification serves a statutory probate court |
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located in a county with more than one statutory probate court, |
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enter an order of recusal or disqualification, as appropriate, and |
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request that the clerk who serves the statutory probate courts in |
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that county randomly reassign the case to a judge of one of the |
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other statutory probate courts located in the county. |
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(i-4) The presiding judge of an administrative judicial |
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district may delegate the judge's authority to make orders of |
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interim or ancillary relief under Subsection (i)(3) to the |
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presiding judge of the statutory probate courts. |
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(i-5) A judge assigned to hear a motion for recusal or |
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disqualification under Subsection (i) is entitled to receive the |
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same salary, compensation, and expenses, and to be paid in the same |
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manner and from the same fund, as a judge otherwise assigned under |
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Section 25.0022, except that a judge assigned under Subsection (i) |
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shall provide the information required by Section 25.0022(l) to the |
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presiding judge of the administrative judicial district, who shall |
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immediately forward the information to the presiding judge of the |
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statutory probate courts. |
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(l) If a clerk of a statutory probate court is unable to |
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reassign a case as requested under Subsection (g)(1)(B) or (i-3)(2) |
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because the other statutory probate court judges in the county have |
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been recused or disqualified or are otherwise unavailable to hear |
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the case, the clerk shall immediately notify the presiding judge of |
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the administrative judicial district and request that the presiding |
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judge of the administrative judicial district assign a judge under |
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Section 25.002201 to hear the case. |
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(m) The clerk of a statutory probate court shall immediately |
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notify and provide to the presiding judge of the statutory probate |
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courts a copy of an order of recusal or disqualification issued with |
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respect to the judge of the statutory probate court. |
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SECTION 4. This Act takes effect September 1, 2009. |