82R10146 KFF-F
By: Hartnett H.B. No. 2372
A BILL TO BE ENTITLED
AN ACT
relating to the recusal or disqualification of a statutory probate
court judge and subsequent assignment of another judge.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 25.00255(g), (g-1), (i), (i-1), (i-2),
(i-3), (i-5), (k), (l), and (m), Government Code, are amended to
read as follows:
(g) A judge who recuses himself or herself:
(1) shall enter an order of recusal and:
(A) if the judge serves a statutory probate court
located in a county with only one statutory probate court, request
that the presiding judge of the statutory probate courts
[administrative judicial district] assign a judge under Section
25.002201 to hear the case; or
(B) subject to Subsection (l), if the judge
serves a statutory probate court located in a county with more than
one statutory probate court, request that the clerk who serves the
statutory probate courts in that county randomly reassign the case
to a judge of one of the other statutory probate courts located in
the county; and
(2) may not take other action in the case except for
good cause stated in the order in which the action is taken.
(g-1) A judge who disqualifies himself or herself:
(1) shall enter an order of disqualification and
request that the presiding judge of the statutory probate courts
[administrative judicial district] assign a judge under Section
25.002201 to hear the case; and
(2) may not take other action in the case.
(i) After receiving a request under Subsection (h), the
presiding judge of the statutory probate courts, subject to and
except as provided by this section, shall [immediately forward the
request to the presiding judge of the administrative judicial
district and request that the presiding judge of the administrative
judicial district] assign a judge to hear the motion for recusal or
disqualification. The presiding judge may not assign a judge of a
statutory probate court to hear a motion under this subsection if
the judge of the statutory probate court serves in the same county
as the statutory probate court judge who is the subject of the
motion. If the judge who is the subject of a motion for recusal or
disqualification serves as the presiding judge of the statutory
probate courts, the chief justice of the supreme court shall assign
a judge to hear the motion [Not later than the 15th day after the
date the presiding judge of the administrative judicial district
receives the request, the presiding judge shall:
[(1) set a hearing before himself or herself or a judge
designated by the presiding judge, except that the presiding judge
may not designate a judge of a statutory probate court in the same
county as the statutory probate court served by the judge who is the
subject of the motion;
[(2) cause notice of the hearing to be given to all
parties or their counsel to the case; and
[(3) make other orders, including orders for interim
or ancillary relief, in the pending case].
(i-1) The judge assigned to hear a motion for recusal or
disqualification under Subsection (i) shall:
(1) set a hearing;
(2) cause notice of the hearing to be given to all
parties or their counsel to the case; and
(3) make other orders, including orders for interim or
ancillary relief, in the pending case [If the presiding judge of
the administrative judicial district does not assign a judge to
hear a motion for recusal or disqualification within the time
prescribed by Subsection (i), the presiding judge of the statutory
probate courts may assign a judge to hear the motion and take other
action under that subsection].
(i-2) A judge who hears a motion for recusal or
disqualification under Subsection [(i) or] (i-1) may also hear any
amended or supplemented motion for recusal or disqualification
filed in the case.
(i-3) If a motion for recusal or disqualification is granted
after a hearing conducted as provided by Subsection [(i) or] (i-1),
the judge who heard the motion shall:
(1) if the judge subject to recusal or
disqualification serves a statutory probate court located in a
county with only one statutory probate court, enter an order of
recusal or disqualification, as appropriate, and request that the
presiding judge of the statutory probate courts [administrative
judicial district] assign a judge under Section 25.002201 to hear
the case; or
(2) subject to Subsection (l), if the judge subject to
recusal or disqualification serves a statutory probate court
located in a county with more than one statutory probate court,
enter an order of recusal or disqualification, as appropriate, and
request that the clerk who serves the statutory probate courts in
that county randomly reassign the case to a judge of one of the
other statutory probate courts located in the county.
(i-5) A judge assigned to hear a motion for recusal or
disqualification under Subsection (i) is entitled to receive the
same salary, compensation, and expenses, and to be paid in the same
manner and from the same fund, as a judge otherwise assigned under
Section 25.0022[, except that a judge assigned under Subsection (i)
shall provide the information required by Section 25.0022(l) to the
presiding judge of the administrative judicial district, who shall
immediately forward the information to the presiding judge of the
statutory probate courts].
(k) A party may file a motion for sanctions alleging that
another party in the case filed a motion for the recusal or
disqualification of a judge solely to delay the case and without
sufficient cause. The presiding judge of the statutory probate
courts [administrative judicial district] or the judge assigned to
hear the motion for recusal may approve a motion for sanctions
authorized by Rule 215.2(b), Texas Rules of Civil Procedure.
(l) If a clerk of a statutory probate court is unable to
reassign a case as requested under Subsection (g)(1)(B) or (i-3)(2)
because the other statutory probate court judges in the county have
been recused or disqualified or are otherwise unavailable to hear
the case, the clerk shall immediately notify the presiding judge of
the statutory probate courts [administrative judicial district]
and request that the presiding judge of the statutory probate
courts [administrative judicial district] assign a judge under
Section 25.002201 to hear the case.
(m) The clerk of a statutory probate court shall immediately
notify and provide to the presiding judge of the statutory probate
courts a copy of an order of recusal or disqualification issued with
respect to the judge of a [the] statutory probate court.
SECTION 2. Sections 25.002201(a) and (b), Government Code,
are amended to read as follows:
(a) 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 of the statutory probate
courts, except as provided by Subsection (b), [administrative
judicial district] shall assign a statutory probate court judge or
a former or retired judge of a statutory probate 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 of the statutory probate
courts [administrative judicial district] receives notice and a
request for assignment from the clerk of the statutory probate
court under Section 25.00255(l).
(b) If the [presiding] judge who is the subject of an order
of recusal or disqualification is [of an administrative judicial
district does not assign a judge under Subsection (a) within the
time prescribed by that subsection,] the presiding judge of the
statutory probate courts, the chief justice of the supreme court
shall [may] assign a statutory probate court judge or a former or
retired judge of a statutory probate court to hear the case [instead
of the presiding judge of the administrative judicial district
making the assignment under that subsection].
SECTION 3. Section 25.00255(i-4), Government Code, is
repealed.
SECTION 4. The changes in law made by this Act apply only to
a motion for recusal or disqualification of a judge that is filed on
or after the effective date of this Act. A motion for recusal or
disqualification of a judge filed before the effective date of this
Act is governed by the law in effect on the date the motion was
filed, and the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2011.