81R33885 KFF-D
 
  By: Wentworth S.B. No. 683
 
  Substitute the following for S.B. No. 683:
 
  By:  Alonzo C.S.S.B. No. 683
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the recusal or disqualification of a statutory probate
  court judge and subsequent assignment of another judge.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 25.0022(d) and (h), Government Code,
  are amended to read as follows:
         (d)  The presiding judge shall:
               (1)  ensure the promulgation of local rules of
  administration in accordance with policies and guidelines set by
  the supreme court;
               (2)  advise local statutory probate court judges on
  case flow management practices and auxiliary court services;
               (3)  perform a duty of a local administrative statutory
  probate court judge if the local administrative judge does not
  perform that duty;
               (4)  appoint an assistant presiding judge of the
  statutory probate courts;
               (5)  call and preside over annual meetings of the
  judges of the statutory probate courts at a time and place in the
  state as designated by the presiding judge;
               (6)  call and convene other meetings of the judges of
  the statutory probate courts as considered necessary by the
  presiding judge to promote the orderly and efficient administration
  of justice in the statutory probate courts;
               (7)  study available statistics reflecting the
  condition of the dockets of the probate courts in the state to
  determine the need for the assignment of judges under this section;
  [and]
               (8)  compare local rules of court to achieve uniformity
  of rules to the extent practical and consistent with local
  conditions; and
               (9)  assign a judge or former or retired judge of a
  statutory probate court to hear a case under the circumstances
  described by Section 25.002201(b).
         (h)  Subject to Section 25.002201, a [A] judge or a former or
  retired judge of a statutory probate court may be assigned by the
  presiding judge of the statutory probate courts to hold court in a
  statutory probate court, a county court, or any statutory court
  exercising probate jurisdiction when:
               (1)  a statutory probate judge requests assignment of
  another judge to the judge's court;
               (2)  a statutory probate judge is absent, disabled, or
  disqualified for any reason;
               (3)  a statutory probate judge is present or is trying
  cases as authorized by the constitution and laws of this state and
  the condition of the court's docket makes it necessary to appoint an
  additional judge;
               (4)  the office of a statutory probate judge is vacant;
               (5)  the presiding judge of an administrative judicial
  district requests the assignment of a statutory probate judge to
  hear a probate matter in a county court or statutory county court;
               (6)  the presiding judge of the administrative judicial
  district fails to timely assign a judge to replace a recused or
  disqualified statutory probate court judge as described by Section
  25.002201(b) [a motion to recuse the judge of a statutory probate
  court has been filed];
               (7)  a county court judge requests the assignment of a
  statutory probate judge to hear a probate matter in the county
  court; or
               (8)  a local administrative statutory probate court
  judge requests the assignment of a statutory probate judge to hear a
  matter in a statutory probate court.
         SECTION 2.  Subchapter B, Chapter 25, Government Code, is
  amended by adding Section 25.002201 to read as follows:
         Sec. 25.002201.  ASSIGNMENT OF JUDGE ON RECUSAL OR
  DISQUALIFICATION. (a)  Not later than the 15th day after the date
  an order of recusal or disqualification of a statutory probate
  court judge is issued in a case, the presiding judge of the
  administrative judicial district shall assign a statutory probate
  court judge or a former or retired judge of a statutory probate
  court to hear the case if:
               (1)  the judge of the statutory probate court recused
  himself or herself under Section 25.00255(g)(1)(A);
               (2)  the judge of the statutory probate court
  disqualified himself or herself under Section 25.00255(g-1);
               (3)  the order was issued under Section
  25.00255(i-3)(1); or
               (4)  the presiding judge of the administrative judicial
  district receives notice and a request for assignment from the
  clerk of the statutory probate court under Section 25.00255(l).
         (b)  If the presiding judge of an administrative judicial
  district does not assign a judge under Subsection (a) within the
  time prescribed by that subsection, the presiding judge of the
  statutory probate courts may assign a judge to hear the case instead
  of the presiding judge of the administrative judicial district
  making the assignment under that subsection.
         (c)  The provisions of Section 25.0022 applicable to a judge
  assigned under that section apply to the same extent to a judge
  assigned under the authority of this section.
         SECTION 3.  Section 25.00255, Government Code, is amended by
  amending Subsections (f), (g), (h), and (i) and adding Subsections
  (g-1), (i-1), (i-2), (i-3), (i-4), (i-5), (l), and (m) to read as
  follows:
         (f)  Before further proceedings in a case in which a motion
  for the recusal or disqualification of a judge has been filed, the
  judge shall:
               (1)  recuse or disqualify himself or herself; or
               (2)  request the assignment of a judge to hear the
  motion by forwarding the motion and opposing and concurring
  statements to the presiding judge of the statutory probate courts
  as provided by Subsection (h).
         (g)  A judge who recuses himself or herself:
               (1)  shall enter an order of recusal and:
                     (A)  if the judge serves a statutory probate court
  located in a county with only one statutory probate court, request
  that the presiding judge of the administrative judicial district
  assign [statutory probate courts request the assignment of] a judge
  under Section 25.002201 to hear the case; or
                     (B)  subject to Subsection (l), if the judge
  serves a statutory probate court located in a county with more than
  one statutory probate court, request that the clerk who serves the
  statutory probate courts in that county randomly reassign the case
  to a judge of one of the other statutory probate courts located in
  the county [motion for recusal or disqualification as provided by
  Subsection (i)]; and
               (2)  may not take other action in the case except for
  good cause stated in the order in which the action is taken.
         (g-1)  A judge who disqualifies himself or herself:
               (1)  shall enter an order of disqualification and
  request that the presiding judge of the administrative judicial
  district assign a judge under Section 25.002201 to hear the case;
  and
               (2)  may not take other action in the case.
         (h)  A judge who does not recuse or disqualify himself or
  herself:
               (1)  shall forward to the presiding judge of the
  statutory probate courts, in either original form or certified
  copy, an order of referral, the motion for recusal or
  disqualification, and all opposing and concurring statements; and
               (2)  may not take other action in the case during the
  time after the filing of the motion for recusal or disqualification
  and before a hearing on the motion, except for good cause stated in
  the order in which the action is taken.
         (i)  After receiving a request under Subsection [(g) or] (h),
  the presiding judge of the statutory probate courts shall
  immediately forward the request to the presiding judge of the
  administrative judicial district and request that the presiding
  judge of the administrative judicial district assign a judge to
  hear the motion for recusal or disqualification. Not later than the
  15th day after the date [On receipt of the request,] the presiding
  judge of the administrative judicial district receives the request,
  the presiding judge shall:
               (1)  [immediately] set a hearing before himself or
  herself or a judge designated by the presiding judge, except that
  the presiding judge may not designate a judge of a statutory probate
  court in the same county as the statutory probate court served by
  the judge who is the subject of the motion;
               (2)  cause notice of the hearing to be given to all
  parties or their counsel to the case; and
               (3)  make other orders, including orders for interim or
  ancillary relief, in the pending case.
         (i-1)  If the presiding judge of the administrative judicial
  district does not assign a judge to hear a motion for recusal or
  disqualification within the time prescribed by Subsection (i), the
  presiding judge of the statutory probate courts may assign a judge
  to hear the motion and take other action under that subsection.
         (i-2)  A judge who hears a motion for recusal or
  disqualification under Subsection (i) or (i-1) may also hear any
  amended or supplemented motion for recusal or disqualification
  filed in the case.
         (i-3)  If a motion for recusal or disqualification is granted
  after a hearing conducted as provided by Subsection (i) or (i-1),
  the judge who heard the motion shall:
               (1)  if the judge subject to recusal or
  disqualification serves a statutory probate court located in a
  county with only one statutory probate court, enter an order of
  recusal or disqualification, as appropriate, and request that the
  presiding judge of the administrative judicial district assign a
  judge under Section 25.002201 to hear the case; or
               (2)  subject to Subsection (l), if the judge subject to
  recusal or disqualification serves a statutory probate court
  located in a county with more than one statutory probate court,
  enter an order of recusal or disqualification, as appropriate, and
  request that the clerk who serves the statutory probate courts in
  that county randomly reassign the case to a judge of one of the
  other statutory probate courts located in the county.
         (i-4)  The presiding judge of an administrative judicial
  district may delegate the judge's authority to make orders of
  interim or ancillary relief under Subsection (i)(3) to the
  presiding judge of the statutory probate courts.
         (i-5)  A judge assigned to hear a motion for recusal or
  disqualification under Subsection (i) is entitled to receive the
  same salary, compensation, and expenses, and to be paid in the same
  manner and from the same fund, as a judge otherwise assigned under
  Section 25.0022, except that a judge assigned under Subsection (i)
  shall provide the information required by Section 25.0022(l) to the
  presiding judge of the administrative judicial district, who shall
  immediately forward the information to the presiding judge of the
  statutory probate courts.
         (l)  If a clerk of a statutory probate court is unable to
  reassign a case as requested under Subsection (g)(1)(B) or (i-3)(2)
  because the other statutory probate court judges in the county have
  been recused or disqualified or are otherwise unavailable to hear
  the case, the clerk shall immediately notify the presiding judge of
  the administrative judicial district and request that the presiding
  judge of the administrative judicial district assign a judge under
  Section 25.002201 to hear the case.
         (m)  The clerk of a statutory probate court shall immediately
  notify and provide to the presiding judge of the statutory probate
  courts a copy of an order of recusal or disqualification issued with
  respect to the judge of the statutory probate court.
         SECTION 4.  This Act takes effect September 1, 2009.