SB1222 - Relating to the appointment of a former or retired justice of an appellate court as a visiting judge of a statutory probate court.

  89R10985 BCH-F     By: Hughes S.B. No. 1222       A BILL TO BE ENTITLED   AN ACT   relating to the appointment of a former or retired justice of an   appellate court as a visiting judge of a statutory probate court.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 25.0022(d), (h), (k), (o), (t), (u),   and (w), Government Code, are amended to read as follows:          (d)  The presiding judge shall:                (1)  ensure the promulgation of local rules of   administration in accordance with policies and guidelines set by   the supreme court;                (2)  advise local statutory probate court judges on   case flow management practices and auxiliary court services;                (3)  perform a duty of a local administrative statutory   probate court judge if the local administrative judge does not   perform that duty;                (4)  appoint an assistant presiding judge of the   statutory probate courts;                (5)  call and preside over annual meetings of the   judges of the statutory probate courts at a time and place in the   state as designated by the presiding judge;                (6)  call and convene other meetings of the judges of   the statutory probate courts as considered necessary by the   presiding judge to promote the orderly and efficient administration   of justice in the statutory probate courts;                (7)  study available statistics reflecting the   condition of the dockets of the probate courts in the state to   determine the need for the assignment of judges under this section;                (8)  compare local rules of court to achieve uniformity   of rules to the extent practical and consistent with local   conditions;                (9)  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 or a former or retired justice of an   appellate court to hear a case under Section 25.002201(a) or   25.00255, as applicable; and                (10)  require the local administrative judge for   statutory probate courts in a county to ensure that all statutory   probate courts in the county comply with Chapter 37.          (h)  Subject to Section 25.002201, a judge or a former or   retired judge of a statutory probate court or a former or retired   justice of an appellate court may 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:                (1)  a statutory probate judge requests assignment of   another judge to the judge's court;                (2)  a statutory probate judge is absent, disabled, or   disqualified for any reason;                (3)  a statutory probate judge is present or is trying   cases as authorized by the constitution and laws of this state and   the condition of the court's docket makes it necessary to appoint an   additional judge;                (4)  the office of a statutory probate judge is vacant;                (5)  the presiding judge of an administrative judicial   district requests the assignment of a statutory probate judge to   hear a probate matter in a county court or statutory county court;                (6)  the statutory probate judge is recused or   disqualified as described by Section 25.002201(a);                (7)  a county court judge requests the assignment of a   statutory probate judge to hear a probate matter in the county   court; or                (8)  a local administrative statutory probate court   judge requests the assignment of a statutory probate judge to hear a   matter in a statutory probate court.          (k)  The daily compensation of a former or retired judge or   justice for purposes of this section is set at an amount equal to   the daily compensation of a judge of a statutory probate court in   the county in which the former or retired judge or justice is   assigned. A former or retired judge or justice assigned to a county   that does not have a statutory probate court shall be paid an amount   equal to the daily compensation of a judge of a statutory probate   court in the county where the assigned judge or justice was last   elected.          (o)  The county in which the assigned judge served shall pay   out of the general fund of the county:                (1)  expenses certified under Subsection (m) to the   assigned judge; and                (2)  the salary certified under Subsection (m) to the   county in which the assigned judge serves, or, if the assigned judge   is a former or retired judge or justice , to the assigned judge.          (t)  To be eligible for assignment under this section, a   former or retired judge of a statutory probate court or a former or   retired justice of an appellate court must:                (1)  not have been removed from office;                (2)  certify under oath to the presiding judge, on a   form prescribed by the state board of regional judges, that:                      (A)  the judge or justice has not been publicly   reprimanded or censured by the State Commission on Judicial   Conduct; and                      (B)  the judge or justice :                            (i)  did not resign or retire from office   after the State Commission on Judicial Conduct notified the judge   or justice of the commencement of a full investigation into an   allegation or appearance of misconduct or disability of the judge   or justice as provided in Section 33.022 and before the final   disposition of that investigation; or                            (ii)  if the judge or justice did resign from   office under circumstances described by Subparagraph (i), was not   publicly reprimanded or censured as a result of the investigation;                (3)  annually demonstrate that the judge or justice has   completed in the past state fiscal year the educational   requirements for an active statutory probate court judge;                (4)  have served as an active judge or justice for at   least 72 months in a district, statutory probate, statutory county,   or appellate court; and                (5)  have developed substantial experience in the   judge's or justice's area of specialty.          (u)  In addition to the eligibility requirements under   Subsection (t), to be eligible for assignment under this section in   the judge's or justice's county of residence, a former or retired   judge of a statutory probate court or a former or retired justice of   an appellate court must certify to the presiding judge a   willingness not to:                (1)  appear and plead as an attorney in any court in the   judge's county of residence for a period of two years; and                (2)  accept appointment as a guardian ad litem,   guardian of the estate of an incapacitated person, or guardian of   the person of an incapacitated person in any court in the judge's or   justice's county of residence for a period of two years.          (w)  A former or retired judge or justice who is assigned   under this section is not an employee of the county in which the   assigned court is located.          SECTION 2.  Section 25.002201, Government Code, is amended   to read as follows:          Sec. 25.002201.  ASSIGNMENT OF JUDGE ON RECUSAL OR   DISQUALIFICATION. (a)  Except as provided by Subsection (b), 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 shall assign a statutory probate court   judge or a former or retired judge of a statutory probate court or a   former or retired justice of an appellate 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 receives notice and a request   for assignment from the clerk of the statutory probate court under   Section 25.00255(l).          (b)  If the judge who is the subject of an order of recusal or   disqualification is the presiding judge of the statutory probate   courts, the chief justice of the supreme court shall assign a   statutory probate judge , [ or ] a former or retired judge of a   statutory probate court , or a former or retired justice of an   appellate court to hear the case.          SECTION 3.  Section 25.00255(a), Government Code, is amended   to read as follows:          (a)  Notwithstanding any conflicting provision in the Texas   Rules of Civil Procedure, Rules 18a and 18b, Texas Rules of Civil   Procedure, apply to the recusal and disqualification of a statutory   probate court judge except as otherwise provided by this section or   another provision of this subchapter. The presiding judge:                (1)  has the authority and shall 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   Subdivisions (2) and (3), assign a judge to hear and rule on a   referred motion of recusal or disqualification;                (2)  may 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;                (3)  may not assign 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; and                (4)  if the presiding judge is the subject of the motion   of recusal or disqualification, shall sign and file with the clerk   an order referring the motion to the chief justice of the supreme   court for assignment of a presiding judge of an administrative   judicial region, a statutory probate court judge, [ or ] a former or   retired judge of a statutory probate court , or a for [Text truncated for display. 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