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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. Section 25.0022(h), Government Code, is amended |
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to read as follows: |
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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) [a motion to recuse the judge of a statutory
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probate court has been filed;
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[(7)] a county court judge requests the assignment of |
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a statutory probate judge to hear a probate matter in the county |
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court; or |
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(7) [(8)] a local administrative statutory probate |
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court judge requests the assignment of a statutory probate judge to |
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hear a 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) A judge or a former or retired judge of a |
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statutory probate court may be assigned by the presiding judge of |
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the administrative judicial district under Section 25.00255 to hold |
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court in a statutory probate court if the judge of the statutory |
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probate court recuses himself or herself, or a motion for the |
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recusal or disqualification of the judge is granted. |
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(b) The presiding judge of the statutory probate courts may |
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not assign a judge to hold court under the circumstances described |
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by Subsection (a). |
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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 this section. |
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SECTION 3. Section 25.00255, Government Code, is amended by |
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amending Subsections (g) and (i) and adding Subsection (i-1) to |
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read as follows: |
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(g) A judge who recuses himself or herself: |
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(1) shall enter an order of recusal and request that |
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the presiding judge of the administrative judicial district assign |
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[statutory probate courts request the assignment of] a judge under |
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Section 25.002201 to hear the case [motion for recusal or
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disqualification as provided by 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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(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. On receipt of the |
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request, the presiding judge of the administrative judicial |
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district 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, after a hearing required by Subsection (i), the |
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motion for recusal or disqualification is granted, the judge who |
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heard the motion shall inform the presiding judge of the |
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administrative judicial district of that fact, and that presiding |
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judge shall assign a judge under Section 25.002201 to hear the case. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |