Texas 2009 - 81st Regular

Texas House Bill HB763 Compare Versions

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1	1	By: Hartnett H.B. No. 763
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the recusal or disqualification of a statutory probate
7	7	court judge and subsequent assignment of another judge.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 25.0022(d) and (h), Government Code,
10	10	are amended to read as follows:
11	11	(d) The presiding judge shall:
12	12	(1) ensure the promulgation of local rules of
13	13	administration in accordance with policies and guidelines set by
14	14	the supreme court;
15	15	(2) advise local statutory probate court judges on
16	16	case flow management practices and auxiliary court services;
17	17	(3) perform a duty of a local administrative statutory
18	18	probate court judge if the local administrative judge does not
19	19	perform that duty;
20	20	(4) appoint an assistant presiding judge of the
21	21	statutory probate courts;
22	22	(5) call and preside over annual meetings of the
23	23	judges of the statutory probate courts at a time and place in the
24	24	state as designated by the presiding judge;
25	25	(6) call and convene other meetings of the judges of
26	26	the statutory probate courts as considered necessary by the
27	27	presiding judge to promote the orderly and efficient administration
28	28	of justice in the statutory probate courts;
29	29	(7) study available statistics reflecting the
30	30	condition of the dockets of the probate courts in the state to
31	31	determine the need for the assignment of judges under this section;
32	32	[and]
33	33	(8) compare local rules of court to achieve uniformity
34	34	of rules to the extent practical and consistent with local
35	35	conditions; and
36	36	(9) assign a judge or former or retired judge of a
37	37	statutory probate court to hear a case as authorized under
38	38	Subsection (h)(6).
39	39	(h) A judge or a former or retired judge of a statutory
40	40	probate court may be assigned by the presiding judge to hold court
41	41	in a statutory probate court, county court, or any statutory court
42	42	exercising probate jurisdiction when:
43	43	(1) a statutory probate judge requests assignment of
44	44	another judge to the judge's court;
45	45	(2) a statutory probate judge is absent, disabled, or
46	46	disqualified for any reason;
47	47	(3) a statutory probate judge is present or is trying
48	48	cases as authorized by the constitution and laws of this state and
49	49	the condition of the court's docket makes it necessary to appoint an
50	50	additional judge;
51	51	(4) the office of a statutory probate judge is vacant;
52	52	(5) the presiding judge of an administrative judicial
53	53	district requests the assignment of a statutory probate judge to
54	54	hear a probate matter in a county court or statutory county court;
55	55	(6) [a motion to recuse] the judge of a statutory
56	56	probate court recuses himself or herself, or a motion for the
57	57	recusal or disqualification of the judge is granted [has been
58	58	filed];
59	59	(7) a county court judge requests the assignment of a
60	60	statutory probate judge to hear a probate matter in the county
61	61	court; or
62	62	(8) a local administrative statutory probate court
63	63	judge requests the assignment of a statutory probate judge to hear a
64	64	matter in a statutory probate court.
65	65	SECTION 2. Section 25.00255, Government Code, is amended by
66	66	amending Subsections (g) and (i) and adding Subsections (i-1) and
67	67	(i-2) to read as follows:
68	68	(g) A judge who recuses himself or herself:
69	69	(1) shall enter an order of recusal and request that
70	70	the presiding judge of the statutory probate courts assign [request
71	71	the assignment of] a judge to hear the case [motion for recusal or
72	72	disqualification as provided by Subsection (i)]; and
73	73	(2) may not take other action in the case except for
74	74	good cause stated in the order in which the action is taken.
75	75	(i) After receiving a request under Subsection [(g) or] (h),
76	76	the presiding judge of the statutory probate courts shall
77	77	immediately forward the request to the presiding judge of the
78	78	administrative judicial district and request that the presiding
79	79	judge of the administrative judicial district assign a judge to
80	80	hear the motion for recusal or disqualification. On receipt of the
81	81	request, the presiding judge of the administrative judicial
82	82	district shall:
83	83	(1) immediately set a hearing before himself or
84	84	herself or a judge designated by the presiding judge, except that
85	85	the presiding judge may not designate a judge of a statutory probate
86	86	court in the same county as the statutory probate court served by
87	87	the judge who is the subject of the motion;
88	88	(2) cause notice of the hearing to be given to all
89	89	parties or their counsel to the case; and
90	90	(3) make other orders, including orders for interim or
91	91	ancillary relief, in the pending case.
92	92	(i-1) If, after a hearing required by Subsection (i), the
93	93	motion for recusal or disqualification is granted, the judge who
94	94	heard the motion shall inform the presiding judge of the statutory
95	95	probate courts of that fact, and that presiding judge shall assign a
96	96	judge to hear the case under Section 25.0022(h)(6).
97	97	(i-2) A judge assigned to hear a motion for recusal or
98	98	disqualification under Subsection (i) is entitled to receive the
99	99	same salary, compensation, and expenses, and to be paid in the same
100	100	manner and from the same fund, as a judge otherwise assigned under
101	101	Section 25.0022, except that a judge assigned under Subsection (i)
102	102	shall provide the information required by Section 25.0022(l) to the
103	103	presiding judge of the administrative judicial district, who shall
104	104	immediately forward the information to the presiding judge of the
105	105	statutory probate courts.
106	106	SECTION 3. This Act takes effect immediately if it receives
107	107	a vote of two-thirds of all the members elected to each house, as
108	108	provided by Section 39, Article III, Texas Constitution. If this
109	109	Act does not receive the vote necessary for immediate effect, this
110	110	Act takes effect September 1, 2009.