Texas 2017 - 85th Regular

Texas House Bill HB1480

Filed
 
Out of House Committee
 
Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 

Caption

Relating to a writ of mandamus by a court of appeals against an associate judge in certain cases.

Impact

The enactment of HB 1480 is expected to modulate administrative processes in family law, particularly affecting how cases are addressed by associate judges. By providing courts of appeals with mandamus authority over associate judges, the bill seeks to streamline judicial responses and uphold the enforcement of rulings or directives as per legal standards. The implications may lead to increased efficiency in handling appeals and complaints regarding lower court decisions, affording an additional layer of scrutiny to family law judgments.

Summary

House Bill 1480 introduces amendments to the Government Code, specifically addressing the issuance of writs of mandamus by court of appeals against associate judges in certain family law cases. The bill permits court of appeals to issue mandamus writs against associate judges who are appointed under the Family Code, aligning this authority with existing statute provisions that allow such writs against district and county court judges. This change aims to enhance judicial oversight by ensuring that appeals courts have the ability to compel compliance from these judges, thereby reinforcing legal accountability within the family court system.

Sentiment

Discussions around the bill generally reflect a supportive sentiment towards enhancing judicial accountability within the context of family law. Advocates argue that the ability for court of appeals to issue mandamus writs will fortify the rights of individuals involved in family disputes, ensuring that associate judges are held to a consistent standard. Conversely, some concerns may arise regarding the potential for increased litigation or appeals that could result from broad interpretations of mandamus authority, highlighting a need for careful implementation.

Contention

There may be some contention regarding the boundaries and limits of mandamus orders in relation to associate judges. Some stakeholders worry that the expansion of mandamus rights could lead to an overwhelming influx of appeals to the court of appeals, potentially straining judicial resources. Additionally, discussions might consider how such changes could impact the autonomy of associate judges and their operational functions within family law, raising questions about the balance of power in the judicial system.

Companion Bills

TX SB1233

Identical Relating to a writ of mandamus by a court of appeals against certain judges.

Previously Filed As

TX SB1233

Relating to a writ of mandamus by a court of appeals against certain judges.

Similar Bills

No similar bills found.