| |
| |
|
|
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 25.00255(g), (g-1), (i), (i-1), (i-2), |
|
|
(i-3), (i-5), (k), (l), and (m), Government Code, are amended to |
|
|
read as follows: |
|
|
(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 statutory probate courts |
|
|
[administrative judicial district] assign 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; 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 statutory probate courts |
|
|
[administrative judicial district] assign a judge under Section |
|
|
25.002201 to hear the case; and |
|
|
(2) may not take other action in the case. |
|
|
(i) After receiving a request under Subsection (h), the |
|
|
presiding judge of the statutory probate courts, subject to and |
|
|
except as provided by this section, 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. The presiding judge may not assign a judge of a |
|
|
statutory probate court to hear a motion under this subsection if |
|
|
the judge of the statutory probate court serves in the same county |
|
|
as the statutory probate court judge who is the subject of the |
|
|
motion. If the judge who is the subject of a motion for recusal or |
|
|
disqualification serves as the presiding judge of the statutory |
|
|
probate courts, the chief justice of the supreme court shall assign |
|
|
a judge to hear the motion [Not later than the 15th day after the
|
|
|
date the presiding judge of the administrative judicial district
|
|
|
receives the request, the presiding judge shall:
|
|
|
[(1)
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) The judge assigned to hear a motion for recusal or |
|
|
disqualification under Subsection (i) shall: |
|
|
(1) set a hearing; |
|
|
(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 [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 statutory probate courts [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-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]. |
|
|
(k) A party may file a motion for sanctions alleging that |
|
|
another party in the case filed a motion for the recusal or |
|
|
disqualification of a judge solely to delay the case and without |
|
|
sufficient cause. The presiding judge of the statutory probate |
|
|
courts [administrative judicial district] or the judge assigned to |
|
|
hear the motion for recusal may approve a motion for sanctions |
|
|
authorized by Rule 215.2(b), Texas Rules of Civil Procedure. |
|
|
(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 statutory probate courts [administrative judicial district] |
|
|
and request that the presiding judge of the statutory probate |
|
|
courts [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 a [the] statutory probate court. |
|
|
SECTION 2. Sections 25.002201(a) and (b), Government Code, |
|
|
are amended to read as follows: |
|
|
(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 statutory probate |
|
|
courts, except as provided by Subsection (b), [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 statutory probate |
|
|
courts [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 who is the subject of an order |
|
|
of recusal or disqualification is [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, the chief justice of the supreme court |
|
|
shall [may] assign a statutory probate court judge or a former or |
|
|
retired judge of a statutory probate court to hear the case [instead
|
|
|
of the presiding judge of the administrative judicial district
|
|
|
making the assignment under that subsection]. |
|
|
SECTION 3. Section 25.00255(i-4), Government Code, is |
|
|
repealed. |
|
|
SECTION 4. The changes in law made by this Act apply only to |
|
|
a motion for recusal or disqualification of a judge that is filed on |
|
|
or after the effective date of this Act. A motion for recusal or |
|
|
disqualification of a judge filed before the effective date of this |
|
|
Act is governed by the law in effect on the date the motion was |
|
|
filed, and the former law is continued in effect for that purpose. |
|
|
SECTION 5. This Act takes effect September 1, 2011. |