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A BILL TO BE ENTITLED
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AN ACT
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relating to the assignment of certain former and retired justices |
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and judges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 74.003(b), (c), and (e), Government |
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Code, are amended to read as follows: |
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(b) The chief justice of the supreme court may assign a |
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qualified retired or former justice or judge of the supreme court, |
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of the court of criminal appeals, or of a court of appeals to a court |
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of appeals for active service regardless of whether a vacancy |
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exists in the court to which the justice is assigned. To be eligible |
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for assignment under this subsection, a retired or former justice |
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or judge must: |
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(1) have served as an active justice or judge for at |
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least 72 [96] months in a district, statutory probate, statutory |
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county, or appellate court, with at least 48 of those months in an |
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appellate court; |
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(2) not have been removed from office for misconduct |
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described by Section 1-a(6), Article V, Texas Constitution, or for |
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incapacity; |
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(3) certify under oath to the chief justice of the |
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supreme court, on a form prescribed by the chief justice, that: |
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(A) the justice or judge has never been publicly |
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reprimanded or censured by the State Commission on Judicial |
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Conduct; and |
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(B) the justice or 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 justice |
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or judge of the commencement of a full investigation into an |
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allegation or appearance of misconduct or disability of the justice |
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or judge as provided in Section 33.022 and before the final |
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disposition of that investigation; or |
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(ii) if the justice or judge did resign from |
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office under circumstances described by Subparagraph (i), the |
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justice or judge was not publicly reprimanded or censured as a |
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result of the investigation; |
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(4) annually demonstrate that the justice or judge has |
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completed in the past state fiscal year the educational |
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requirements for active appellate court justices or judges; and |
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(5) certify to the chief justice of the supreme court a |
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willingness not to appear and plead as an attorney in any court in |
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this state in which the justice or judge served as a justice or |
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judge for a period of two years following that service. |
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(c) An active, [or] retired, or former justice or judge |
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assigned as provided by this section out of the county of the |
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justice's or judge's [his] residence is entitled to receive the same |
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expenses and per diem as those allowed a district judge assigned as |
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provided by Subchapter C. The state shall pay the expenses and per |
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diem on certificates of approval by the chief justice of the supreme |
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court or the chief justice of the court of appeals to which the |
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justice or judge is assigned. The compensation authorized by this |
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subsection is in addition to all other compensation authorized by |
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law. |
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(e) A retired or former justice or judge assigned as |
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provided by this section is entitled to receive, pro rata for the |
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time serving on assignment, from money appropriated from the |
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general revenue fund for that purpose, an amount equal to the |
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compensation received from state and county sources by a justice of |
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the court of appeals to which assigned. |
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SECTION 2. Section 74.055, Government Code, is amended to |
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read as follows: |
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Sec. 74.055. LIST OF RETIRED AND FORMER JUSTICES AND JUDGES |
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SUBJECT TO ASSIGNMENT. (a) Each presiding judge shall maintain a |
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list of retired and former justices and judges who meet the |
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requirements of this section. |
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(b) The presiding judge shall divide the list into area |
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specialties of criminal, civil, or domestic relations cases. A |
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retired or former justice or judge may only be assigned to a case in |
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the justice's or judge's area of specialty. A justice or judge may |
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qualify for assignment in more than one area of specialty. |
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(c) To be eligible to be named on the list, a retired or |
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former justice or judge must: |
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(1) have served as an active justice or judge for at |
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least 72 [96] months in a district, statutory probate, statutory |
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county, or appellate court; |
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(2) have developed substantial experience in the |
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justice's or judge's area of specialty; |
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(3) not have been removed from office for misconduct |
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described by Section 1-a(6), Article V, Texas Constitution, or for |
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incapacity; |
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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 justice or judge has never been publicly |
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reprimanded or censured by the State Commission on Judicial |
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Conduct; and |
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(B) the justice or 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 justice |
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or judge of the commencement of a full investigation into an |
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allegation or appearance of misconduct or disability of the justice |
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or judge as provided in Section 33.022 and before the final |
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disposition of that investigation; or |
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(ii) if the justice or judge resigned [did
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resign] from office under circumstances described by Subparagraph |
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(i), was not publicly reprimanded or censured as a result of the |
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investigation; |
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(5) annually demonstrate that the justice or judge has |
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completed in the past state fiscal year the educational |
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requirements for active district, statutory probate, and statutory |
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county court 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 in |
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which the justice or judge served as a justice or judge for a period |
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of two years following that service. |
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(e) For purposes of Subsection (c)(1), a month of service is |
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calculated as a calendar month or a portion of a calendar month in |
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which a justice or judge was authorized by election or appointment |
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to preside. |
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(f) A former or retired justice or judge is ineligible to be |
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named on the list if the former or retired justice or judge is |
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identified in a public statement issued by the State Commission on |
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Judicial Conduct as having resigned or retired from office in lieu |
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of discipline. |
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(g) A former or retired justice or judge named on the list |
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shall immediately notify the presiding judge of a full |
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investigation by the State Commission on Judicial Conduct into an |
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allegation or appearance of misconduct or disability by the justice |
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or judge. A justice or judge who does not notify the presiding judge |
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of an investigation as required by this subsection is ineligible to |
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remain on the list. |
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SECTION 3. The change in law made by this Act applies only |
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to a certification or recertification that takes effect after the |
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effective date of this Act. A certification or recertification |
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that takes effect before the effective date of this Act is governed |
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by the law in effect on the date the certification or |
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recertification took effect, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |