Texas 2011 - 82nd Regular

Texas House Bill HB2372

Filed
 
Out of House Committee
5/2/11  
Out of Senate Committee
 
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 implementation of HB 2372 is expected to streamline judicial processes in probate courts, particularly in counties with multiple statutory probate courts. By establishing clear guidelines for reassignment, the bill aims to mitigate delays in legal proceedings that may arise from conflicts of interest. It establishes timeframes for action following a recusal request, which could enhance the efficiency of case management within these courts.

Summary

House Bill 2372 addresses procedures regarding the recusal or disqualification of judges serving in statutory probate courts in Texas. The bill modifies existing statutes to clarify the process by which judges can recuse themselves and how cases are reassigned to ensure impartiality in the judicial process. It stipulates that judges must enter an order upon recusal or disqualification and outlines the responsibilities of presiding judges or clerks in assigning replacement judges to avoid conflicts of interest.

Contention

While the bill does not appear to face significant opposition, potential points of contention could arise regarding interpretations of 'good cause' for judges taking further actions in cases post-recusals. Additionally, the ability of parties to file motions for sanctions against misuse of recusal may lead to discussions about judicial accountability and the impact of such motions on already strained court resources. Advocacy for further clarity on these points may arise as the bill is debated.

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 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 SB2227

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

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 HB779

Relating to the issuance of certain search warrants by statutory county court judges.

Similar Bills

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 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 SB683

Relating to the employment, powers, and duties of and procedures for matters referred to a statutory probate court judge or associate 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 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 HB763

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.

TX HB1438

Relating to probate matters, including guardianships and other matters related to incapacitated persons.