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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 retired and former 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. Section 74.003(b), Government Code, is amended |
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to read as follows: |
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(b) The chief justice of the supreme court may assign a |
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qualified former or retired 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 or judge is assigned. To be |
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eligible for assignment under this subsection, a former or retired |
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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, 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; |
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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 to which the judge is assigned for a period of two years; |
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and |
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(6) certify to the chief justice a willingness not to |
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hear any matter involving a party who is a current or former client |
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of the justice or judge for the duration of the assignment. |
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SECTION 2. Section 74.041(6), Government Code, is amended |
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to read as follows: |
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(6) "Retired judge" means: |
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(A) a retiree; or |
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(B) a person who served as an active judge for at |
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least 72 [96] months in a statutory probate or statutory county |
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court and has retired under the Texas County and District |
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Retirement System. |
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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 72 [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 to |
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which the judge is assigned for a period of two years; and |
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(7) certify to the presiding judge a willingness not |
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to hear any matter involving a party who is a current or former |
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client of the judge for the duration of the assignment. |
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SECTION 4. Sections 74.003(b), 74.041(6), and 74.055(c), |
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Government Code, as amended by this Act, apply only to the |
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assignment of a justice or judge on or after the effective date of |
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this Act. The assignment of a justice or judge before the effective |
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date of this Act is governed by the law in effect on the date of the |
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assignment, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2023. |