BILL ANALYSIS

S.B. 1471

By: West

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The Texas Rules of Civil Procedure set out procedures governing the recusal and disqualification of district and county judges other than statutory probate court judges, and interested parties suggest that statutory provisions relating to the recusal and disqualification of statutory probate court judges should be updated to conform to those procedures. In addition, there is concern that the involvement of both the presiding judge of the administrative judicial district and the presiding judge of the statutory probate courts in the current process for assigning judges to replace statutory probate court judges who have been recused or disqualified results in unnecessary delays to probate cases where the issues, such as exploitation and abuse of guardianships, can be time-sensitive. S.B. 1471 seeks to amend the process for recusal or disqualification of statutory probate court judges to be consistent with the rules of civil procedure and to amend the process for assigning replacement judges to increase efficiency.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 1471 amends the Government Code to remove and repeal statutory provisions relating to the procedure for filing and hearing a motion to recuse or disqualify a statutory probate court judge. The bill instead establishes that Texas Rules of Civil Procedure governing the recusal and disqualification of district and county court judges and the grounds for such recusal or disqualification apply to the recusal and disqualification of a statutory probate court judge except as otherwise provided by the bill or another general provision relating to statutory probate courts. The bill grants the presiding judge of the statutory probate courts the authority to perform the functions and duties of the presiding judge of the administrative judicial region under the rules, including the duty to hear or rule on a referred motion of recusal or disqualification or, subject to certain conditions, to assign a judge to hear and rule on a referred motion of recusal or disqualification. The bill requires the presiding judge of the statutory probate courts to perform those functions and duties. The bill authorizes the presiding judge of the statutory probate courts to assign a presiding judge of the administrative judicial region to hear and rule on a referred motion of recusal or disqualification only with the consent of the presiding judge of the administrative judicial region. The bill prohibits the presiding judge of the statutory probate courts from assigning a judge of a statutory probate court located in the same county as the statutory probate court served by the judge who is the subject of the motion of recusal or disqualification.

S.B. 1471 requires a judge who recuses himself or herself and serves a statutory probate court located in a county with only one such court to request that the presiding judge of the statutory probate courts, rather than the presiding judge of the administrative judicial district, assign a judge to hear the case. The bill specifies that for a judge who recuses himself or herself and serves a statutory probate court located in a county with more than one such court, the request for a clerk to randomly reassign the case to a judge of one of the other statutory probate courts located in the county is directed to the presiding judge of the statutory probate courts. The bill requires a judge who disqualifies himself or herself to request that the presiding judge of the statutory probate courts, rather than the presiding judge of the administrative judicial district, assign a judge to hear the case and limits that requirement to a judge who serves a statutory probate court located in a county with only one statutory probate court. The bill requires a judge who disqualifies himself or herself and serves a statutory probate court located in a county with more than one such court to request that the presiding judge of the statutory probate courts order the clerk who serves the statutory probate courts in that county to randomly reassign the case to a judge of one of the other statutory probate courts.

S.B. 1471 requires the presiding judge of the statutory probate courts, if a motion for recusal or disqualification is granted, to transfer the case to another court or assign another judge to the case. The bill requires either the presiding judge or the judge assigned to decide the motion, rather than only the judge assigned to hear the motion, to enter an order of recusal or disqualification, as appropriate, and request the reassignment of the case. The bill requires a clerk of a statutory probate court who is unable to reassign a case as requested because the other statutory probate court judges in the county have been recused or disqualified or are otherwise unavailable to hear the case to immediately notify the presiding judge of the statutory probate courts, rather than the presiding judge of the administrative judicial district, and request that the presiding judge assign a judge to hear the case.

S.B. 1471 requires the presiding judge of the statutory probate courts, rather than the presiding judge of the administrative judicial district, to assign a statutory probate court judge or a former or retired judge of a statutory probate court to hear a case not later than the 15th day after the date an order of recusal or disqualification of a statutory probate court judge is issued in the case under certain circumstances involving the recusal or disqualification of a judge that serves a statutory probate court located in a county with only one such court or if the presiding judge receives notice and a request for assignment from the clerk of the statutory probate court. The bill requires the chief justice of the supreme court, if the judge who is the subject of an order of recusal or disqualification is the presiding judge of the statutory probate courts, to assign a regional presiding judge, a statutory probate judge, or a former or retired judge of a statutory probate court to hear the case.

S.B. 1471 requires the presiding judge of the statutory probate courts to assign or order the clerk who serves the statutory probate courts to randomly assign a judge or former or retired judge of a statutory probate court to hear a case in which a statutory probate judge has been recused or disqualified, as applicable. The bill authorizes a judge or a former or retired judge of a statutory probate court to 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 the statutory probate judge is recused or disqualified in certain manners. The bill adds the recusal of a county judge, in addition to the absence, incapacitation, or disqualification of a county judge, to the circumstances that require a visiting judge to be assigned by the presiding judge of the statutory probate courts for a case involving probate, guardianship, or mental health matters.

S.B. 1471 repeals Sections 25.002201(c) and 25.00255(b), (c), (d), (e), (f), (h), (i), (i-4), and (j), Government Code.

EFFECTIVE DATE

September 1, 2013.