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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of a retired judge or former judge as a |
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visiting judge in certain courts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.0022(t), Government Code, is amended |
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to read as follows: |
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(t) To be eligible for assignment under this section, a |
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former or retired judge of a statutory probate court must: |
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(1) not have been removed from office; |
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(2) certify under oath to the presiding judge, on a |
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form prescribed by the state board of regional judges, that: |
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(A) the judge has not been publicly reprimanded |
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or censured by the State Commission on Judicial Conduct; and |
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(B) the judge: |
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(i) did not resign or retire from office |
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after the State Commission on Judicial Conduct notified the judge |
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of the commencement of a full investigation into an allegation or |
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appearance of misconduct or disability of the judge as provided in |
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Section 33.022 and before the final disposition of that |
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investigation; or |
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(ii) if the judge did resign from office |
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under circumstances described by Subparagraph (i), was not publicly |
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reprimanded or censured as a result of the investigation; |
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(3) annually demonstrate that the judge has completed |
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in the past state fiscal year the educational requirements for an |
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active statutory probate court judge; |
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(4) have served as an active judge for at least 96 |
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months in a district, statutory probate, statutory county, or |
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appellate court; [and] |
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(5) have developed substantial experience in the |
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judge's area of specialty; and |
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(6) not have been defeated in the last election in |
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which the judge was a candidate for judge of the court over which |
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the judge most recently presided. |
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SECTION 2. Section 74.054, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (e) to read as |
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follows: |
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(a) Except as provided by Subsections (b), [and] (c), and |
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(e), the following judges may be assigned as provided by this |
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chapter by the presiding judge of the administrative region in |
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which the assigned judge resides: |
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(1) an active district, constitutional county, or |
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statutory county court judge in this state; |
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(2) a senior judge who has consented to be subject to |
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assignment and who is on the list maintained by the presiding judge |
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under this chapter; |
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(3) a former district or appellate judge, retired or |
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former statutory probate court judge, or retired or former |
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statutory county court judge who certifies to the presiding judge a |
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willingness to serve and who is on the list maintained by the |
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presiding judge as required by this chapter; |
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(4) a retiree or a former judge whose last judicial |
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office before retirement was justice or judge of the supreme court, |
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the court of criminal appeals, or a court of appeals and who has |
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been assigned by the chief justice to the administrative judicial |
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region in which the retiree or former judge resides for |
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reassignment by the presiding judge of that region to a district or |
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statutory county court in the region; and |
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(5) an active judge or justice of the supreme court, |
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the court of criminal appeals, or a court of appeals who has had |
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trial court experience. |
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(e) A retired judge or a former judge may not be assigned as |
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a visiting judge for a court in which the office of judge is filled |
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by election if the retired or former judge was defeated in the last |
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election in which the judge was a candidate for justice or judge of |
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the court over which the retired or former judge most recently |
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presided. |
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SECTION 3. Section 74.055(c), Government Code, is amended |
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to read as follows: |
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(c) To be eligible to be named on the list, a retired or |
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former judge must: |
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(1) have served as an active judge for at least 96 |
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months in a district, statutory probate, statutory county, or |
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appellate court; |
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(2) have developed substantial experience in the |
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judge's area of specialty; |
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(3) not have been removed from office; |
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(4) certify under oath to the presiding judge, on a |
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form prescribed by the state board of regional judges, that: |
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(A) the judge has never been publicly reprimanded |
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or censured by the State Commission on Judicial Conduct; and |
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(B) the judge: |
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(i) did not resign or retire from office |
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|
after the State Commission on Judicial Conduct notified the judge |
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of the commencement of a full investigation into an allegation or |
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appearance of misconduct or disability of the judge as provided in |
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|
Section 33.022 and before the final disposition of that |
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|
investigation; or |
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(ii) if the judge did resign from office |
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under circumstances described by Subparagraph (i), was not publicly |
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reprimanded or censured as a result of the investigation; |
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(5) annually demonstrate that the judge has completed |
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in the past state fiscal year the educational requirements for |
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active district, statutory probate, and statutory county court |
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judges; [and] |
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(6) certify to the presiding judge a willingness not |
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to appear and plead as an attorney in any court in this state for a |
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period of two years; and |
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(7) not have been defeated in the last election in |
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which the judge was a candidate for justice or judge of the court |
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over which the retired or former judge most recently presided as |
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provided by Section 74.054(e). |
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SECTION 4. This Act applies only to the appointment of a |
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visiting judge that occurs on or after the effective date of this |
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Act. The appointment of a visiting judge before the effective date |
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of this Act is governed by the law in effect when the visiting judge |
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was appointed, and that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |