By: Zaffirini S.B. No. 536
A BILL TO BE ENTITLED
AN ACT
relating to associate judges for guardianship proceedings and
protective services proceedings in certain courts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 54A, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. ASSOCIATE JUDGE FOR GUARDIANSHIP PROCEEDINGS AND
PROTECTIVE SERVICES PROCEEDINGS IN CERTAIN COURTS
Sec. 54A.301. DEFINITIONS. In this subchapter:
(1) "Guardianship proceeding" has the meaning
assigned by Section 1002.015, Estates Code.
(2) "Office of court administration" means the Office
of Court Administration of the Texas Judicial System.
(3) "Protective services proceeding" means a
proceeding commenced under Chapter 48, Human Resources Code.
(4) "Ward" has the meaning assigned by Section
1002.030, Estates Code.
Sec. 54A.302. APPLICABILITY. This subchapter applies only
with respect to:
(1) a county court with jurisdiction over guardianship
proceedings or protective services proceedings; and
(2) a statutory county court with jurisdiction over:
(A) guardianship proceedings, other than a court
created by statute and designated as a statutory probate court
under Chapter 25; or
(B) protective services proceedings.
Sec. 54A.303. APPLICABILITY OF OTHER LAW; CONSTRUCTION OF
SUBCHAPTER. (a) Subchapter C applies to an associate judge
appointed under this subchapter except to the extent of a conflict
with this subchapter.
(b) Nothing in this subchapter limits the authority of a
court to which this subchapter applies to issue an order under Title
3, Estates Code, or Chapter 48, Human Resources Code.
Sec. 54A.304. APPOINTMENT. (a) The presiding judge of
each administrative judicial region, after conferring with the
judges of courts to which this subchapter applies in the region,
shall determine whether those courts require the appointment of a
full-time or part-time associate judge to assist the courts in
conducting:
(1) guardianship proceedings, including with
conducting annual reviews of guardianships; or
(2) protective services proceedings.
(b) If the presiding judge of an administrative judicial
region determines under Subsection (a) that the courts described by
that subsection require the appointment of an associate judge, the
presiding judge shall appoint an associate judge from a list of
applicants who submitted an application to the office of court
administration and meet the qualifications prescribed by Section
54A.305. Before making the appointment, the presiding judge must
provide the list to each judge of a court from which guardianship
proceedings or protective services proceedings will be referred to
the associate judge. Each of those judges and the presiding judge
of the statutory probate courts may recommend to the presiding
judge of the administrative judicial region who will make the
appointment one or more of the listed applicants for appointment.
(c) Before reappointing an associate judge appointed under
Subsection (b), a presiding judge of an administrative judicial
region must notify each judge of a court from which guardianship
proceedings or protective services proceedings will be referred to
the associate judge of the presiding judge's intent to reappoint
the associate judge for another term. Each of those judges and the
presiding judge of the statutory probate courts may submit to the
presiding judge of the administrative judicial region who intends
to make the reappointment a recommendation on whether the associate
judge should be reappointed.
(d) An associate judge appointed under this subchapter is
appointed to serve the courts to which this subchapter applies in
the administrative judicial region the appointing presiding judge
serves that are specified by that presiding judge. Two or more
presiding judges of administrative judicial regions may jointly
appoint one or more associate judges under this subchapter to serve
specified courts to which this subchapter applies in the presiding
judges' regions.
Sec. 54A.305. QUALIFICATIONS. (a) To be eligible for
appointment as an associate judge under this subchapter, a person
must:
(1) be a citizen of the United States;
(2) be a resident of this state for the two years
preceding the date of appointment; and
(3) be:
(A) eligible for assignment under Section 74.054
because the person is named on the list of retired and former judges
maintained by the presiding judge of the administrative judicial
region under Section 74.055;
(B) eligible for assignment under Section
25.0022 by the presiding judge of the statutory probate courts; or
(C) licensed to practice law in this state and
have at least four years of experience in guardianship proceedings
or protective services proceedings before the date of appointment
as a practicing attorney in this state or a judge of a court in this
state.
(b) An associate judge appointed under this subchapter to
serve in one administrative judicial region shall, during the term
of appointment, reside in that region or in a county adjacent to
that region. An associate judge appointed to serve in two or more
administrative judicial regions may reside anywhere in the regions.
Sec. 54A.306. TERM OF APPOINTMENT; TERMINATION. (a) An
associate judge appointed under this subchapter serves for a term
of four years from the date the associate judge is appointed and
qualifies for office.
(b) The appointment of an associate judge for a term does
not affect the at-will employment status of the associate judge. An
appointing presiding judge of an administrative judicial region or
the successor presiding judge of the region may terminate the
associate judge's appointment at any time.
Sec. 54A.307. COMPENSATION OF ASSOCIATE JUDGE. (a) An
associate judge appointed under this subchapter is entitled to a
salary that is 90 percent of the salary paid to a district judge as
set by the General Appropriations Act.
(b) The associate judge's salary shall be paid from:
(1) money available from the state and federal
governments as provided by this subchapter;
(2) county money available for payment of officers'
salaries, subject to the approval of the commissioners courts of
the counties in which the associate judge serves; or
(3) a combination of money specified by Subdivisions
(1) and (2).
Sec. 54A.308. DESIGNATION AND RESPONSIBILITIES OF HOST
COUNTY. (a) Subject to the approval of the commissioners court of
the proposed host county:
(1) the appointing presiding judge of the
administrative judicial region shall determine the host county of
an associate judge appointed under this subchapter to serve in one
administrative judicial region; and
(2) the appointing presiding judges of the
administrative judicial regions shall by majority vote determine
the host county of an associate judge appointed under this
subchapter to serve in more than one administrative judicial
region.
(b) The host county shall provide an adequate courtroom and
quarters, including furniture, necessary utilities, and telephone
equipment and service, for the associate judge and other personnel
assisting the associate judge.
(c) Except as provided by Section 54A.305(b), an associate
judge is not required to reside in the host county.
Sec. 54A.309. METHODS OF REFERRAL. Guardianship
proceedings or protective services proceedings shall be referred to
an associate judge appointed under this subchapter by:
(1) a general order issued by the judge of each court
the associate judge is appointed to serve; or
(2) in the absence of an order described by
Subdivision (1), a general order issued by the presiding judge or
judges of the administrative judicial region or regions who
appointed the associate judge.
Sec. 54A.310. GENERAL POWERS OF ASSOCIATE JUDGE. (a) On
the motion of a party or the associate judge, an associate judge may
refer a complex guardianship proceeding back to the referring court
for final disposition after recommending temporary orders for the
protection of a ward.
(b) An associate judge may:
(1) render and sign any pretrial order; and
(2) recommend to the referring court any order after a
trial on the merits.
Sec. 54A.311. JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED
ORDER OR JUDGMENT. If a request for a de novo hearing before the
referring court is not timely filed or the right to a de novo
hearing before the referring court is waived, the proposed order or
judgment of the associate judge for the guardianship proceeding or
protective services proceeding becomes the order or judgment of the
referring court by operation of law without ratification by the
referring court.
Sec. 54A.312. PERSONNEL. (a) The appointing presiding
judge of an administrative judicial region or appointing presiding
judges of the administrative judicial regions, by majority vote, as
applicable, may appoint personnel as needed to assist an associate
judge in implementing and administering the provisions of this
subchapter.
(b) The salaries of the personnel shall be paid from:
(1) money available from the state and federal
governments as provided by this subchapter;
(2) county money available for payment of officers'
salaries, subject to the approval of the commissioners courts of
the counties in which the associate judge serves; or
(3) a combination of money specified by Subdivisions
(1) and (2).
Sec. 54A.313. SUPERVISION, TRAINING, AND EVALUATION OF
ASSOCIATE JUDGES. (a) The office of court administration shall
assist the presiding judges of the administrative judicial regions
in:
(1) monitoring associate judges' compliance with job
performance standards, uniform practices adopted by the presiding
judges, and federal and state laws and policies;
(2) addressing the training needs and resource
requirements of associate judges;
(3) conducting annual performance evaluations for
associate judges and other personnel appointed under this
subchapter based on written personnel performance standards
adopted by the presiding judges and performance information
solicited from the referring courts and other relevant persons; and
(4) receiving, investigating, and resolving
complaints about particular associate judges or the associate judge
program under this subchapter based on a uniform process adopted by
the presiding judges.
(b) The office of court administration shall develop
procedures and a written evaluation form to be used by the presiding
judges in conducting the annual performance evaluations under
Subsection (a)(3).
(c) The office of court administration shall develop
caseload standards for associate judges to ensure adequate
staffing.
(d) Each judge of a court that refers guardianship
proceedings or protective services proceedings to an associate
judge under this subchapter may submit to the appropriate presiding
judges or the office of court administration information on the
associate judge's performance during the preceding year based on a
uniform process adopted by the presiding judges.
Sec. 54A.314. STATE AND FEDERAL MONEY; OTHER PERSONNEL.
(a) The office of court administration may:
(1) contract for available county, state, and federal
money from any available source; and
(2) employ personnel, including investigators,
auditors, court coordinators, and other judicial staff, necessary
to implement and administer this subchapter.
(b) Personnel appointed under this section are state
employees for all purposes, including accrual of leave time,
insurance benefits, retirement benefits, and travel regulations.
(c) The presiding judges of the administrative judicial
regions, state agencies, and counties may contract for federal
money available from any source to reimburse costs and salaries
associated with associate judges and personnel appointed under this
section and may also use available state money and public or private
grants.
(d) The presiding judges of the administrative judicial
regions and the office of court administration in cooperation with
other agencies shall take action necessary to maximize the amount
of federal money available to fund the use of associate judges under
this subchapter.
Sec. 54A.315. ASSIGNMENT OF JUDGES AND APPOINTMENT OF
VISITING ASSOCIATE JUDGES. (a) This subchapter does not limit the
authority of a presiding judge of an administrative judicial region
to assign a judge eligible for assignment under Chapter 74 to assist
in processing guardianship proceedings or protective services
proceedings in a reasonable time.
(b) If an associate judge appointed under this subchapter is
temporarily unable to perform the associate judge's official duties
because of absence resulting from family circumstances, illness,
injury, disability, or military service, or if a vacancy occurs in
the position of associate judge, the presiding judge of the
administrative judicial region, or the presiding judges of the
administrative judicial regions by majority vote, as applicable, in
which the associate judge serves or the vacancy occurs may appoint a
visiting associate judge to perform the duties of the associate
judge during the period the associate judge is unable to perform the
associate judge's duties or until another associate judge is
appointed to fill the vacancy.
(c) A person is not eligible for appointment under this
section unless the person has served as an associate judge under
this subchapter, a district judge, a statutory county court judge,
or a statutory probate judge for at least two years before the date
of appointment.
(d) A visiting associate judge appointed under this
section:
(1) is subject to each provision of this subchapter
that applies to an associate judge serving under a regular
appointment under this subchapter;
(2) is entitled to compensation, to be determined by a
majority vote of the presiding judges of the administrative
judicial regions, through use of money available under this
subchapter; and
(3) is not considered a state employee for any
purpose.
(e) Section 2252.901 does not apply to the appointment of a
visiting associate judge under this section.
Sec. 54A.316. LIMITATION ON LAW PRACTICE. An associate
judge appointed under this subchapter may not engage in the private
practice of law.
Sec. 54A.317. IMMUNITY. An associate judge appointed under
this subchapter has the judicial immunity of a district judge. All
existing immunity granted an associate judge by law, express or
implied, continues in full force and effect.
SECTION 2. This Act takes effect September 1, 2019.