88R20320 AMF-F
By: Leach, Murr, Johnson of Dallas, Moody H.B. No. 2384
Substitute the following for H.B. No. 2384:
By: Murr C.S.H.B. No. 2384
A BILL TO BE ENTITLED
AN ACT
relating to court administration, including the knowledge,
efficiency, training, and transparency requirements for candidates
for or holders of judicial offices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 141, Election Code, is
amended by adding Section 141.0311 to read as follows:
Sec. 141.0311. ADDITIONAL REQUIREMENTS FOR APPLICATION FOR
JUDICIAL OFFICE. (a) This section applies to candidates for the
following judicial offices:
(1) chief justice or justice of the supreme court;
(2) presiding judge or judge of the court of criminal
appeals;
(3) chief justice or justice of a court of appeals;
(4) district judge, including a criminal district
judge; and
(5) judge of a statutory county court.
(b) In addition to other requirements under this code, a
candidate's application for a place on the ballot must:
(1) include the candidate's state bar number for:
(A) this state; and
(B) any other state in which the candidate has
been licensed to practice law;
(2) disclose any public:
(A) sanction or censure, as those terms are
defined by Section 33.001, Government Code, the State Commission on
Judicial Conduct or a review tribunal has issued against the
candidate;
(B) disciplinary sanction imposed on the
candidate by the state bar; and
(C) disciplinary sanction imposed on the
candidate by an entity in another state responsible for attorney
discipline in that state;
(3) include statements describing for the preceding
five years:
(A) the nature of the candidate's legal practice,
including any area of legal specialization; and
(B) the candidate's professional courtroom
experience; and
(4) disclose any final conviction of a Class A or Class
B misdemeanor in the 10 years preceding the date the person would
assume the judicial office for which the person is filing the
application.
(c) A candidate for a judicial office described by
Subdivision (a)(1), (2), or (3) who does not hold or has not
previously held a judicial office described by those subdivisions
must, in addition to the other requirements of this section and this
code, include in the application a description of:
(1) appellate court briefs the candidate has prepared
and filed in the preceding five years; and
(2) oral arguments the candidate has presented before
any appellate court in the preceding five years.
(d) Each officially prescribed form for an application
under this section must include a statement informing candidates
that knowingly providing false information on the application, in
addition to other penalties prescribed by law, constitutes
professional misconduct subject to public sanctions or censure by
the State Commission on Judicial Conduct or the state bar, as
applicable.
(e) The secretary of state shall prescribe the form and
content of the application materials under this section. The
secretary of state may consult with the Office of Court
Administration of the Texas Judicial System, the supreme court, and
the court of criminal appeals when prescribing the form and content
of application materials under this section.
SECTION 2. Section 33.032, Government Code, is amended by
adding Subsection (i) to read as follows:
(i) Any sanction the commission issues against a judge for
knowingly making a false declaration on an application for a place
on the ballot as a candidate for a judicial office described by
Section 141.0311, Election Code, any withdrawal of such sanction,
and all records and proceedings related to the sanction are a matter
of public record.
SECTION 3. Subtitle B, Title 2, Government Code, is amended
by adding Chapter 39 to read as follows:
CHAPTER 39. JUDICIAL EDUCATION REQUIREMENTS
Sec. 39.001. APPLICABILITY. This chapter applies to a
person elected to or holding any of the following judicial offices:
(1) chief justice or justice of the supreme court;
(2) presiding judge or judge of the court of criminal
appeals;
(3) chief justice or justice of a court of appeals;
(4) district judge, including a criminal district
judge; and
(5) judge of a statutory county court.
Sec. 39.002. JUDICIAL INSTRUCTION REQUIREMENTS. (a) The
supreme court, in consultation with the court of criminal appeals,
shall adopt rules on the judicial training a person must complete
not later than the first anniversary of the date the person assumes
a judicial office, subject to Subsection (b). The rules must
require the person to complete at least 30 hours of instruction.
(b) Subsection (a) does not apply to a person who has been
absent from judicial office for less than one year before assuming a
judicial office and who has previously completed the requirements
of Subsection (a).
(c) A judge must annually complete at least 16 hours of
instruction described by Subsection (a) after the first year of the
judge's term.
(d) The rules adopted under this section may provide for a
deferral or exemption for a person who is unable to timely complete
the training or instruction due to a medical or physical
disability.
(e) This section does not affect any funds appropriated to
or grants administered by the court of criminal appeals under
Chapter 56.
Sec. 39.003. SUSPENSION. The State Commission on Judicial
Conduct shall issue an order suspending any judge who fails to meet
the education requirements under Section 39.002 until the judge
demonstrates compliance with the requirements.
Sec. 39.004. REMOVAL FROM OFFICE. (a) For purposes of
Section 1-a, Article V, Texas Constitution, a judge who is
noncompliant with the education requirements under Section 39.002
for more than one year has engaged in wilful or persistent conduct
that is clearly inconsistent with the proper performance of a
judge's duties sufficient to subject the judge to removal from
office.
(b) The attorney general shall file a petition under Section
66.002, Civil Practice and Remedies Code, against a judge who is
subject to removal as provided by Subsection (a) if presented with
evidence by the State Commission on Judicial Conduct establishing
probable grounds that the judge engaged in conduct described by
Subsection (a).
SECTION 4. Section 72.024, Government Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) The director shall develop standards for identifying
courts that need additional assistance to promote the efficient
administration of justice.
SECTION 5. Section 72.082, Government Code, is amended to
read as follows:
Sec. 72.082. PERFORMANCE REPORT. The office shall annually
collect and publish a performance report of information regarding
the efficiency of the courts of this state. The report must include
disaggregated performance measures for each appellate court,
district court, statutory county court, statutory probate court,
and county court.
SECTION 6. Section 72.083, Government Code, is amended to
read as follows:
Sec. 72.083. TRIAL COURTS. (a) [The office shall report
the aggregate clearance rate of cases for the district courts.] In
this section, "clearance rate" means the number of cases disposed
of by a court [the district courts] divided by the number of cases
added to the docket [dockets] of the court [district courts].
(b) The office shall annually report the following
performance measures for each district court, statutory county
court, statutory probate court, and county court:
(1) the court's clearance rate;
(2) the average time a case is before the court from
filing to disposition; and
(3) the age of the court's active pending caseload.
SECTION 7. Section 74.046, Government Code, is amended to
read as follows:
Sec. 74.046. DUTIES OF PRESIDING JUDGE. (a) A presiding
judge shall:
(1) ensure the promulgation of regional rules of
administration within policies and guidelines set by the supreme
court;
(2) advise local judges on case flow management and
auxiliary court services;
(3) recommend to the chief justice of the supreme
court any needs for judicial assignments from outside the region;
(4) recommend to the supreme court any changes in the
organization, jurisdiction, operation, or procedures of the region
necessary or desirable for the improvement of the administration of
justice;
(5) act for a local administrative judge when the
local administrative judge does not perform the duties required by
Subchapter D;
(6) implement and execute any rules adopted by the
supreme court under this chapter;
(7) provide the supreme court or the office of court
administration statistical information requested; and
(8) perform the duties assigned by the chief justice
of the supreme court.
(b) A presiding judge may appoint a judicial mentor or
arrange for additional administrative personnel to be assigned to a
court identified by the Office of Court Administration of the Texas
Judicial System as needing additional assistance under Section
72.024(b-1).
SECTION 8. Section 81.075, Government Code, is amended by
adding Subsection (f) to read as follows:
(f) If the panel of a district grievance committee finds an
attorney knowingly made a false declaration on an application for a
place on the ballot as a candidate for judicial office under Section
141.0311, Election Code, the committee shall impose a public
sanction against the respondent attorney.
SECTION 9. Chapter 82, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. SPECIALTY CERTIFICATIONS FOR ATTORNEYS
Sec. 82.101. SPECIALTY CERTIFICATION IN JUDICIAL
ADMINISTRATION. (a) The supreme court shall adopt rules
establishing a specialty certification for attorneys in the
practice area of judicial administration.
(b) For purposes of establishing a specialty certification
for attorneys in the practice area of judicial administration, the
Texas Board of Legal Specialization shall make recommendations to
the supreme court for the specialty certification and a proposed
examination for obtaining the specialty certification.
(c) The Texas Board of Legal Specialization shall make the
specialty certification for attorneys in judicial administration
available to each judge of an appellate court, district court,
statutory county court, statutory probate court, or county court
performing judicial functions who is a licensed attorney and who
meets the eligibility requirements established by the board.
(d) The supreme court by rule shall require an attorney who
holds a specialty certification in judicial administration to
annually complete 21 hours of continuing legal education to
maintain the certification.
(e) A justice or judge who holds a specialty certification
in judicial administration or another specialty certification may
be entitled to additional compensation if the legislature makes a
specific appropriation for that purpose.
SECTION 10. (a) As soon as practicable after the effective
date of this Act, the Texas Supreme Court shall adopt the rules
necessary to implement Chapter 39, Government Code, as added by
this Act, and Subchapter D, Chapter 82, Government Code, as added by
this Act.
(b) As soon as practicable after the effective date of this
act, the Texas Judicial Council shall adopt the rules necessary for
the Office of Court Administration of the Texas Judicial System to
collect the information required under Sections 72.082 and 72.083,
Government Code, as amended by this Act.
(c) Section 141.0311, Election Code, as added by this Act,
applies only to an application for a place on the ballot filed for
an election ordered on or after the effective date of this Act. An
application for a place on the ballot filed for an election ordered
before the effective date of this Act is covered by the law in
effect on the date the application was filed, and the former law is
continued in effect for that purpose.
(d) The changes in law made by Chapter 39, Government Code,
as added by this Act, apply to all judges elected, appointed, or
holding office on or after the effective date of this Act.
SECTION 11. This Act takes effect September 1, 2023.