Texas 2013 - 83rd Regular

Texas Senate Bill SB1471 Compare Versions

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1	1	By: West S.B. No. 1471
2	2	(Naishtat)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the recusal or disqualification of a statutory probate
8	8	judge or other judge authorized to hear probate, guardianship, or
9	9	mental health matters, and the subsequent assignment of another
10	10	judge.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subsections (d) and (h), Section 25.0022,
13	13	Government Code, are amended to read as follows:
14	14	(d) The presiding judge shall:
15	15	(1) ensure the promulgation of local rules of
16	16	administration in accordance with policies and guidelines set by
17	17	the supreme court;
18	18	(2) advise local statutory probate court judges on
19	19	case flow management practices and auxiliary court services;
20	20	(3) perform a duty of a local administrative statutory
21	21	probate court judge if the local administrative judge does not
22	22	perform that duty;
23	23	(4) appoint an assistant presiding judge of the
24	24	statutory probate courts;
25	25	(5) call and preside over annual meetings of the
26	26	judges of the statutory probate courts at a time and place in the
27	27	state as designated by the presiding judge;
28	28	(6) call and convene other meetings of the judges of
29	29	the statutory probate courts as considered necessary by the
30	30	presiding judge to promote the orderly and efficient administration
31	31	of justice in the statutory probate courts;
32	32	(7) study available statistics reflecting the
33	33	condition of the dockets of the probate courts in the state to
34	34	determine the need for the assignment of judges under this section;
35	35	(8) compare local rules of court to achieve uniformity
36	36	of rules to the extent practical and consistent with local
37	37	conditions; and
38	38	(9) assign or order the clerk who serves the statutory
39	39	probate courts to randomly assign a judge or former or retired judge
40	40	of a statutory probate court to hear a case under Section
41	41	25.002201(a) or 25.00255, as applicable [the circumstances
42	42	described by Section 25.002201(b)].
43	43	(h) Subject to Section 25.002201, a judge or a former or
44	44	retired judge of a statutory probate court may be assigned by the
45	45	presiding judge of the statutory probate courts to hold court in a
46	46	statutory probate court, a county court, or any statutory court
47	47	exercising probate jurisdiction when:
48	48	(1) a statutory probate judge requests assignment of
49	49	another judge to the judge's court;
50	50	(2) a statutory probate judge is absent, disabled, or
51	51	disqualified for any reason;
52	52	(3) a statutory probate judge is present or is trying
53	53	cases as authorized by the constitution and laws of this state and
54	54	the condition of the court's docket makes it necessary to appoint an
55	55	additional judge;
56	56	(4) the office of a statutory probate judge is vacant;
57	57	(5) the presiding judge of an administrative judicial
58	58	district requests the assignment of a statutory probate judge to
59	59	hear a probate matter in a county court or statutory county court;
60	60	(6) the statutory probate [presiding] judge is [of the
61	61	administrative judicial district fails to timely assign a judge to
62	62	replace a] recused or disqualified [statutory probate court judge]
63	63	as described by Section 25.002201(a) [Section 25.002201(b)];
64	64	(7) a county court judge requests the assignment of a
65	65	statutory probate judge to hear a probate matter in the county
66	66	court; or
67	67	(8) a local administrative statutory probate court
68	68	judge requests the assignment of a statutory probate judge to hear a
69	69	matter in a statutory probate court.
70	70	SECTION 2. Subsections (a) and (b), Section 25.002201,
71	71	Government Code, are amended to read as follows:
72	72	(a) Except as provided by Subsection (b), not [Not] later
73	73	than the 15th day after the date an order of recusal or
74	74	disqualification of a statutory probate court judge is issued in a
75	75	case, the presiding judge [of the administrative judicial district]
76	76	shall assign a statutory probate court judge or a former or retired
77	77	judge of a statutory probate court to hear the case if:
78	78	(1) the judge of the statutory probate court recused
79	79	himself or herself under Section 25.00255(g)(1)(A);
80	80	(2) the judge of the statutory probate court
81	81	disqualified himself or herself under Section 25.00255(g-1);
82	82	(3) the order was issued under Section
83	83	25.00255(i-3)(1); or
84	84	(4) the presiding judge [of the administrative
85	85	judicial district] receives notice and a request for assignment
86	86	from the clerk of the statutory probate court under Section
87	87	25.00255(l).
88	88	(b) If the [presiding] judge who is the subject of an order
89	89	of recusal or disqualification is [of an administrative judicial
90	90	district does not assign a judge under Subsection (a) within the
91	91	time prescribed by that subsection,] the presiding judge of the
92	92	statutory probate courts, the chief justice of the supreme court
93	93	shall [may] assign a regional presiding judge, a statutory probate
94	94	judge, or a former or retired judge of a statutory probate court to
95	95	hear the case [instead of the presiding judge of the administrative
96	96	judicial district making the assignment under that subsection].
97	97	SECTION 3. Subsections (a), (g), (g-1), (i-2), (i-3),
98	98	(i-5), and (l), Section 25.00255, Government Code, are amended to
99	99	read as follows:
100	100	(a) Notwithstanding any conflicting provision in the Texas
101	101	Rules of Civil Procedure, Rules 18a and 18b, Texas Rules of Civil
102	102	Procedure, apply to the recusal and disqualification of a statutory
103	103	probate court judge except as otherwise provided by this section or
104	104	another provision of this subchapter. The presiding judge:
105	105	(1) has the authority and shall perform the functions
106	106	and duties of the presiding judge of the administrative judicial
107	107	region under the rules, including the duty to hear or rule on a
108	108	referred motion of recusal or disqualification or, subject to
109	109	Subdivisions (2) and (3) and to Section 25.002201, assign a judge to
110	110	hear and rule on a referred motion of recusal or disqualification;
111	111	(2) may assign a presiding judge of the administrative
112	112	judicial region to hear and rule on a referred motion of recusal or
113	113	disqualification only with the consent of the presiding judge of
114	114	the administrative judicial region; and
115	115	(3) may not assign a judge of a statutory probate court
116	116	located in the same county as the statutory probate court served by
117	117	the judge who is the subject of the motion of recusal or
118	118	disqualification [A party in a hearing or trial in a statutory
119	119	probate court may file with the clerk of the court a motion stating
120	120	grounds for the recusal or disqualification of the judge. The
121	121	grounds may include any disability of the judge to preside over the
122	122	case].
123	123	(g) A judge who recuses himself or herself:
124	124	(1) shall enter an order of recusal and:
125	125	(A) if the judge serves a statutory probate court
126	126	located in a county with only one statutory probate court, request
127	127	that the presiding judge [of the administrative judicial district]
128	128	assign a judge under Section 25.002201 to hear the case; or
129	129	(B) subject to Subsection (l), if the judge
130	130	serves a statutory probate court located in a county with more than
131	131	one statutory probate court, request that the presiding judge order
132	132	the clerk who serves the statutory probate courts in that county to
133	133	randomly reassign the case to a judge of one of the other statutory
134	134	probate courts located in the county; and
135	135	(2) may not take other action in the case except for
136	136	good cause stated in the order in which the action is taken.
137	137	(g-1) A judge who disqualifies himself or herself:
138	138	(1) shall enter an order of disqualification and:
139	139	(A) if the judge serves a statutory probate court
140	140	located in a county with only one statutory probate court, request
141	141	that the presiding judge [of the administrative judicial district]
142	142	assign a judge under Section 25.002201 to hear the case; or
143	143	(B) subject to Subsection (l), if the judge
144	144	serves a statutory probate court located in a county with more than
145	145	one statutory probate court, request that the presiding judge order
146	146	the clerk who serves the statutory probate courts in that county to
147	147	randomly reassign the case to a judge of one of the other statutory
148	148	probate courts; and
149	149	(2) may not take other action in the case.
150	150	(i-2) A judge who hears a motion for recusal or
151	151	disqualification [under Subsection (i) or (i-1)] may also hear any
152	152	amended or supplemented motion for recusal or disqualification
153	153	filed in the case.
154	154	(i-3) If a motion for recusal or disqualification is granted
155	155	[after a hearing conducted as provided by Subsection (i) or (i-1)],
156	156	the presiding judge [who heard the motion] shall transfer the case
157	157	to another court or assign another judge to the case and:
158	158	(1) if the judge subject to recusal or
159	159	disqualification serves a statutory probate court located in a
160	160	county with only one statutory probate court, the presiding judge
161	161	or judge assigned to decide the motion shall enter an order of
162	162	recusal or disqualification, as appropriate, and request that the
163	163	presiding judge [of the administrative judicial district] assign a
164	164	judge under Section 25.002201 to hear the case; or
165	165	(2) subject to Subsection (l), if the judge subject to
166	166	recusal or disqualification serves a statutory probate court
167	167	located in a county with more than one statutory probate court, the
168	168	presiding judge or judge assigned to decide the motion shall enter
169	169	an order of recusal or disqualification, as appropriate, and
170	170	request that the clerk who serves the statutory probate courts in
171	171	that county randomly reassign the case to a judge of one of the
172	172	other statutory probate courts located in the county.
173	173	(i-5) A judge assigned to hear a motion for recusal or
174	174	disqualification [under Subsection (i)] is entitled to receive the
175	175	same salary, compensation, and expenses, and to be paid in the same
176	176	manner and from the same fund, as a judge otherwise assigned under
177	177	Section 25.0022[, except that a judge assigned under Subsection (i)
178	178	shall provide the information required by Section 25.0022(l) to the
179	179	presiding judge of the administrative judicial district, who shall
180	180	immediately forward the information to the presiding judge of the
181	181	statutory probate courts].
182	182	(l) If a clerk of a statutory probate court is unable to
183	183	reassign a case as requested under Subsection (g)(1)(B) or (i-3)(2)
184	184	because the other statutory probate court judges in the county have
185	185	been recused or disqualified or are otherwise unavailable to hear
186	186	the case, the clerk shall immediately notify the presiding judge
187	187	[of the administrative judicial district] and request that the
188	188	presiding judge [of the administrative judicial district] assign a
189	189	judge under Section 25.002201 to hear the case.
190	190	SECTION 4. Section 26.012, Government Code, is amended to
191	191	read as follows:
192	192	Sec. 26.012. ASSIGNMENT OF VISITING JUDGE FOR PROBATE,
193	193	GUARDIANSHIP, AND MENTAL HEALTH MATTERS. If the county judge is
194	194	absent, incapacitated, recused, or disqualified to act in a
195	195	probate, guardianship, or mental health matter, a visiting judge
196	196	shall be assigned in accordance with Section 25.0022(h).
197	197	SECTION 5. The following are repealed:
198	198	(1) Subsections (b), (c), (d), (e), (f), (h), (i),
199	199	(i-4), and (j), Section 25.00255, Government Code; and
200	200	(2) Subsection (c), Section 25.002201, Government
201	201	Code.
202	202	SECTION 6. The changes in law made by this Act apply only to
203	203	a motion for recusal or disqualification of a judge that is filed on
204	204	or after the effective date of this Act. A motion for recusal or
205	205	disqualification of a judge filed before the effective date of this
206	206	Act is governed by the law in effect on the date the motion was
207	207	filed, and the former law is continued in effect for that purpose.
208	208	SECTION 7. This Act takes effect September 1, 2013.