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A BILL TO BE ENTITLED
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AN ACT
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relating to court administration, including the knowledge, |
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efficiency, training, and transparency requirements for candidates |
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for or holders of judicial offices. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 141, Election Code, is |
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amended by adding Section 141.0311 to read as follows: |
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Sec. 141.0311. ADDITIONAL REQUIREMENTS FOR APPLICATION FOR |
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JUDICIAL OFFICE. (a) This section applies to candidates for the |
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following judicial offices: |
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(1) chief justice or justice of the supreme court; |
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(2) presiding judge or judge of the court of criminal |
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appeals; |
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(3) chief justice or justice of a court of appeals; |
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(4) district judge, including a criminal district |
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judge; |
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(5) judge of a statutory county court; and |
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(6) county judge who performs judicial functions. |
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(b) In addition to other requirements under this code, a |
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candidate's application for a place on the ballot must: |
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(1) include the candidate's state bar number for: |
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(A) this state; and |
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(B) any other state in which the candidate has |
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been licensed to practice law; |
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(2) disclose any public: |
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(A) sanction or censure, as those terms are |
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defined by Section 33.001, Government Code, the State Commission on |
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Judicial Conduct or a review tribunal has issued against the |
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candidate; |
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(B) disciplinary sanction the state bar has |
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imposed on the candidate; and |
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(C) disciplinary sanction an entity in another |
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state responsible for attorney discipline in that state has issued |
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against the candidate; |
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(3) include statements describing for the preceding |
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five years: |
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(A) the nature of the candidate's legal practice, |
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including any area of legal specialization; and |
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(B) the candidate's professional courtroom |
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experience; and |
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(4) disclose any final conviction of a Class A or Class |
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B misdemeanor in the 10 years preceding the date the person would |
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assume the judicial office for which the person is filing the |
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application. |
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(c) A candidate for a judicial office described by |
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Subdivision (a)(1), (2), or (3) who does not hold or has not |
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previously held a judicial office described by those subdivisions |
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must, in addition to the other requirements of this section and this |
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code, include in the application a description of: |
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(1) appellate court briefs the candidate has prepared |
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and filed in the preceding five years; and |
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(2) oral arguments the candidate has presented before |
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any appellate court in the preceding five years. |
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(d) Each officially prescribed form for an application |
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under this section must include a statement informing candidates |
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that knowingly providing false information on the application, in |
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addition to other penalties prescribed by law, constitutes |
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professional misconduct subject to public sanctions or censure by |
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the State Commission on Judicial Conduct or the state bar, as |
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applicable. |
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(e) The secretary of state shall prescribe the form and |
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content of the application materials under this section. The |
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secretary of state may consult with the Office of Court |
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Administration of the Texas Judicial System, the supreme court, and |
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the court of criminal appeals when prescribing the form and content |
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of application materials under this section. |
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SECTION 2. Section 33.032, Government Code, is amended by |
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adding Subsection (i) to read as follows: |
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(i) Any sanction the commission issues against a judge for |
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knowingly making a false declaration on an application for a place |
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on the ballot as a candidate for a judicial office described by |
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Section 141.0311, Election Code, any withdrawal of such sanction, |
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and all records and proceedings related to the sanction are a matter |
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of public record. |
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SECTION 3. Subtitle B, Title 2, Government Code, is amended |
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by adding Chapter 39 to read as follows: |
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CHAPTER 39. JUDICIAL EDUCATION REQUIREMENTS |
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Sec. 39.001. APPLICABILITY. This chapter applies to a |
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person elected to or holding any of the following judicial offices: |
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(1) chief justice or justice of the supreme court; |
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(2) presiding judge or judge of the court of criminal |
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appeals; |
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(3) chief justice or justice of a court of appeals; |
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(4) district judge, including a criminal district |
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judge; |
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(5) judge of a statutory county court; and |
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(6) county judge who performs judicial functions. |
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Sec. 39.002. JUDICIAL INSTRUCTION REQUIREMENTS. (a) The |
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supreme court, in consultation with the court of criminal appeals, |
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shall adopt rules on the judicial training a person must complete |
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not later than the first anniversary of the date the person assumes |
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a judicial office, subject to Subsection (b). The rules must |
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require the person to complete at least 30 hours of instruction on: |
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(1) the administrative duties of judicial office; and |
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(2) substantive, procedural, and evidentiary laws. |
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(b) Subsection (a) does not apply to a person who has been |
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absent from judicial office for less than one year before assuming a |
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judicial office and who has previously completed the requirements |
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of Subsection (a). |
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(c) A judge must annually complete at least 16 hours of |
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instruction described by Subsection (a) after the first year of the |
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judge's term. |
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Sec. 39.003. SUSPENSION. The State Commission on Judicial |
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Conduct shall issue an order suspending any judge who fails to meet |
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the education requirements under Section 39.002 until the judge |
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demonstrates compliance with the requirements. |
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Sec. 39.004. REMOVAL FROM OFFICE. (a) For purposes of |
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Section 1-a, Article V, Texas Constitution, a judge who is |
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noncompliant with the education requirements under Section 39.002 |
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for more than one year has engaged in "wilful or persistent conduct |
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that is clearly inconsistent with the proper performance of a |
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judge's duties" sufficient to subject the judge to removal from |
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office. |
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(b) The attorney general shall file a petition under Section |
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66.002, Civil Practice and Remedies Code, against a judge who is |
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subject to removal as provided by Subsection (a) if presented with |
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evidence by the State Commission on Judicial Conduct establishing |
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probable grounds that the judge engaged in conduct described by |
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Subsection (a). |
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SECTION 4. Section 72.024, Government Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) The director shall develop standards for identifying |
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courts that need additional assistance to promote the efficient |
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administration of justice. |
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SECTION 5. Section 72.082, Government Code, is amended to |
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read as follows: |
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Sec. 72.082. PERFORMANCE REPORT. The office shall annually |
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collect and publish a performance report of information regarding |
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the efficiency of the courts of this state. The report must include |
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disaggregated performance measures for each appellate court, |
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district court, statutory county court, and county court. |
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SECTION 6. Section 72.083, Government Code, is amended to |
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read as follows: |
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Sec. 72.083. TRIAL COURTS. (a) [The office shall report |
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the aggregate clearance rate of cases for the district courts.] In |
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this section, "clearance rate" means the number of cases disposed |
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of by the applicable court [district courts] divided by the number |
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of cases added to the dockets of each district court, statutory |
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county court, and county court [the district courts]. |
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(b) The office shall report the annual clearance rate of |
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cases for each court in Subsection (a). |
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SECTION 7. Section 74.046, Government Code, is amended to |
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read as follows: |
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Sec. 74.046. DUTIES OF PRESIDING JUDGE. (a) A presiding |
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judge shall: |
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(1) ensure the promulgation of regional rules of |
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administration within policies and guidelines set by the supreme |
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court; |
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(2) advise local judges on case flow management and |
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auxiliary court services; |
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(3) recommend to the chief justice of the supreme |
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court any needs for judicial assignments from outside the region; |
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(4) recommend to the supreme court any changes in the |
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organization, jurisdiction, operation, or procedures of the region |
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necessary or desirable for the improvement of the administration of |
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justice; |
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(5) act for a local administrative judge when the |
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local administrative judge does not perform the duties required by |
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Subchapter D; |
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(6) implement and execute any rules adopted by the |
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supreme court under this chapter; |
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(7) provide the supreme court or the office of court |
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administration statistical information requested; and |
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(8) perform the duties assigned by the chief justice |
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of the supreme court. |
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(b) A presiding judge may appoint a judicial mentor or |
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arrange for additional administrative personnel to be assigned to a |
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court identified by the Office of Court Administration of the Texas |
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Judicial System as needing additional assistance under Section |
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72.024(b-1). |
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SECTION 8. Section 81.075, Government Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) If the panel of a district grievance committee finds an |
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attorney knowingly made a false declaration on an application for a |
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place on the ballot as a candidate for judicial office under Section |
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141.0311, Election Code, the committee shall impose a public |
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sanction against the respondent attorney. |
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SECTION 9. Chapter 82, Government Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. SPECIALTY CERTIFICATIONS FOR ATTORNEYS |
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Sec. 82.101. SPECIALTY CERTIFICATION IN JUDICIAL |
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ADMINISTRATION. (a) The supreme court shall adopt rules |
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establishing a specialty certification for attorneys in the |
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practice area of judicial administration. |
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(b) For purposes of establishing a specialty certification |
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for attorneys in the practice area of judicial administration, the |
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Texas Board of Legal Specialization shall make recommendations to |
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the supreme court for the specialty certification and a proposed |
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examination for obtaining the specialty certification. The |
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examination must test the attorney's knowledge of: |
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(1) the administrative duties of judicial office; |
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(2) substantive, procedural, and evidentiary laws; |
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and |
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(3) any other information the supreme court considers |
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necessary and appropriate to prepare a judge to conduct the |
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business of a court. |
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(c) The Texas Board of Legal Specialization shall make the |
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specialty certification for attorneys in judicial administration |
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available to each judge of an appellate court, district court, |
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statutory county court, or county court performing judicial |
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functions who is a licensed attorney. |
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(d) The supreme court by rule shall require an attorney who |
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holds a specialty certification in judicial administration to |
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annually complete 21 hours of continuing legal education on the |
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topics described in Subsection (b) to maintain the certification. |
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(e) A justice or judge who holds a specialty certification |
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in judicial administration may be entitled to additional |
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compensation if the legislature makes a specific appropriation for |
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that purpose. |
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SECTION 10. (a) As soon as practicable after the effective |
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date of this Act, the Texas Supreme Court shall adopt the rules |
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necessary to implement the changes in law made by this Act. |
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(b) Section 141.0311, Election Code, as added by this Act, |
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applies only to an application for a place on the ballot filed for |
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an election ordered on or after the effective date of this Act. An |
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application for a place on the ballot filed for an election ordered |
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before the effective date of this Act is covered by the law in |
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effect on the date the application was filed, and the former law is |
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continued in effect for that purpose. |
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(c) The changes in law made by Chapter 39, Government Code, |
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as added by this Act, apply to all judges elected, appointed, or |
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holding office on or after the effective date of this Act. |
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SECTION 11. This Act takes effect September 1, 2023. |