Texas 2009 - 81st Regular

Texas House Bill HB763

Filed
 
Out of House Committee
3/25/09  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the recusal or disqualification of a statutory probate court judge and subsequent assignment of another judge.

Impact

The proposed bill amends existing statutes within the Government Code, specifically Sections 25.0022 and 25.00255, to create a more streamlined approach for handling recusal cases. This could enhance the efficiency of statutory probate courts by reducing delays that occur when judges are unable to preside over cases for various reasons, including conflict of interest or incapacitation. The adjustments made in the bill mean that a presiding judge will need to act swiftly and can assign a substitute judge, thus improving the overall workflow within the probate courts.

Summary

House Bill 763 seeks to reform the protocols regarding the recusal or disqualification of judges in statutory probate courts and the subsequent assignment of judges to handle cases in such situations. The legislation aims to clarify the procedures that must be undertaken when a probate court judge requests to be recused from a case. It establishes a systematic process for assigning another judge to take over the responsibilities, ensuring that case management and legal proceedings are not disrupted by a judge's disqualification.

Conclusion

In summary, HB 763 addresses important procedural matters within probate courts and seeks to ensure that justice is served without unnecessary delays due to judge recusal. By establishing clear guidelines for the assignment of judges, the bill aims to uphold the integrity and functionality of the probate system in Texas. However, continual assessment of its impact on judicial fairness and public perception will be essential as the legislation moves forward.

Contention

While HB 763 presents potential benefits for judicial efficiency, there may be concerns regarding the implications of having a presiding judge manage such assignments. Critics argue that this could lead to questions about the impartiality of the judicial process, particularly if judges from the same geographical area are reassigned some cases. Furthermore, transparency in the assignment process will be vital to ensure public trust in judicial proceedings, especially in sensitive matters that probate courts often address, such as estate management and guardianship.

Companion Bills

No companion bills found.

Previously Filed As

TX HB251

Relating to the payment of certain costs associated with certain assignments of a statutory probate court judge.

TX HB2567

Relating to the creation of Probate Court No. 3 of Bexar County, Texas, and the administration of the statutory probate courts in Bexar County.

TX SB1331

Relating to a motion for the assignment of a statutory probate court judge to hear a contested matter in a probate proceeding in certain counties.

TX HB70

Relating to the assignment of certain retired and former justices and judges.

TX HB94

Relating to the assignment of certain retired and former justices and judges.

TX SB37

Relating to the assignment of certain retired and former justices and judges.

TX HB2865

Relating to the assignment of certain retired and former justices and judges.

TX HB3115

Relating to the eligibility of certain retired or former district court judges for assignment as a visiting judge.

TX HB103

Relating to the appointment of a retired or former judge as a visiting judge in certain counties.

TX SB2227

Relating to the list of retired and former judges subject to assignment.

Similar Bills

TX SB683

Relating to the employment, powers, and duties of and procedures for matters referred to a statutory probate court judge or associate judge.

TX SB1471

Relating to the recusal or disqualification of a statutory probate judge or other judge authorized to hear probate, guardianship, or mental health matters, and the subsequent assignment of another judge.

TX HB3669

Relating to the recusal or disqualification of a statutory probate judge or other judge authorized to hear probate, guardianship, or mental health matters, and the subsequent assignment of another judge.

TX HB2858

Relating to the recusal or disqualification of a statutory probate judge or other judge authorized to hear probate, guardianship, or mental health matters, and the subsequent assignment of another judge.

TX SB1665

Relating to the recusal or disqualification of a statutory probate judge or other judge authorized to hear probate, guardianship, or mental health matters, and the subsequent assignment of another judge.

TX HB2372

Relating to the recusal or disqualification of a statutory probate court judge and subsequent assignment of another judge.

TX SB1222

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

LA HB76

Provides for the ancillary expenses of state government