Texas 2023 - 88th Regular

Texas House Bill HB2384 Compare Versions

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Version 2 (New)

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1	1	H.B. No. 2384
2	2
3	3
4	4	AN ACT
5	5	relating to court administration, including the knowledge,
6	6	efficiency, training, and transparency requirements for candidates
7	7	for or holders of judicial offices.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter B, Chapter 141, Election Code, is
10	10	amended by adding Section 141.0311 to read as follows:
11	11	Sec. 141.0311. ADDITIONAL REQUIREMENTS FOR APPLICATION FOR
12	12	JUDICIAL OFFICE. (a) This section applies to candidates for the
13	13	following judicial offices:
14	14	(1) chief justice or justice of the supreme court;
15	15	(2) presiding judge or judge of the court of criminal
16	16	appeals;
17	17	(3) chief justice or justice of a court of appeals;
18	18	(4) district judge, including a criminal district
19	19	judge; and
20	20	(5) judge of a statutory county court.
21	21	(b) In addition to other requirements under this code, a
22	22	candidate's application for a place on the ballot must:
23	23	(1) include the candidate's state bar number for:
24	24	(A) this state; and
25	25	(B) any other state in which the candidate has
26	26	been licensed to practice law;
27	27	(2) disclose any public:
28	28	(A) sanction or censure, as those terms are
29	29	defined by Section 33.001, Government Code, the State Commission on
30	30	Judicial Conduct or a review tribunal has issued against the
31	31	candidate;
32	32	(B) disciplinary sanction imposed on the
33	33	candidate by the state bar; and
34	34	(C) disciplinary sanction imposed on the
35	35	candidate by an entity in another state responsible for attorney
36	36	discipline in that state;
37	37	(3) include statements describing for the preceding
38	38	five years:
39	39	(A) the nature of the candidate's legal practice,
40	40	including any area of legal specialization; and
41	41	(B) the candidate's professional courtroom
42	42	experience; and
43	43	(4) disclose any final conviction of a Class A or Class
44	44	B misdemeanor in the 10 years preceding the date the person would
45	45	assume the judicial office for which the person is filing the
46	46	application.
47	47	(c) A candidate for a judicial office described by
48	48	Subdivision (a)(1), (2), or (3) who does not hold or has not
49	49	previously held a judicial office described by those subdivisions
50	50	must, in addition to the other requirements of this section and this
51	51	code, include in the application a description of:
52	52	(1) appellate court briefs the candidate has prepared
53	53	and filed in the preceding five years; and
54	54	(2) oral arguments the candidate has presented before
55	55	any appellate court in the preceding five years.
56	56	(d) Each officially prescribed form for an application
57	57	under this section must include a statement informing candidates
58	58	that knowingly providing false information on the application, in
59	59	addition to other penalties prescribed by law, constitutes
60	60	professional misconduct subject to public sanctions or censure by
61	61	the State Commission on Judicial Conduct or the state bar, as
62	62	applicable.
63	63	(e) The secretary of state shall prescribe the form and
64	64	content of the application materials under this section. The
65	65	secretary of state may consult with the Office of Court
66	66	Administration of the Texas Judicial System, the supreme court, and
67	67	the court of criminal appeals when prescribing the form and content
68	68	of application materials under this section.
69	69	SECTION 2. Section 33.032, Government Code, is amended by
70	70	adding Subsection (i) to read as follows:
71	71	(i) Any sanction the commission issues against a judge for
72	72	knowingly making a false declaration on an application for a place
73	73	on the ballot as a candidate for a judicial office described by
74	74	Section 141.0311, Election Code, any withdrawal of such sanction,
75	75	and all records and proceedings related to the sanction are a matter
76	76	of public record.
77	77	SECTION 3. Subtitle B, Title 2, Government Code, is amended
78	78	by adding Chapter 39 to read as follows:
79	79	CHAPTER 39. JUDICIAL EDUCATION REQUIREMENTS
80	80	Sec. 39.001. APPLICABILITY. This chapter applies to a
81	81	person elected to or holding any of the following judicial offices:
82	82	(1) chief justice or justice of the supreme court;
83	83	(2) presiding judge or judge of the court of criminal
84	84	appeals;
85	85	(3) chief justice or justice of a court of appeals;
86	86	(4) district judge, including a criminal district
87	87	judge; and
88	88	(5) judge of a statutory county court.
89	89	Sec. 39.002. JUDICIAL INSTRUCTION REQUIREMENTS. (a) The
90	90	supreme court, in consultation with the court of criminal appeals,
91	91	shall adopt rules on the judicial training a person must complete
92	92	not later than the first anniversary of the date the person assumes
93	93	a judicial office, subject to Subsection (b). The rules must
94	94	require the person to complete at least 30 hours of instruction.
95	95	(b) Subsection (a) does not apply to a person who has been
96	96	absent from judicial office for less than one year before assuming a
97	97	judicial office and who has previously completed the requirements
98	98	of Subsection (a).
99	99	(c) A judge must annually complete at least 16 hours of
100	100	instruction described by Subsection (a) after the first year of the
101	101	judge's term.
102	102	(d) The rules adopted under this section may provide for a
103	103	deferral or exemption for a person who is unable to timely complete
104	104	the training or instruction due to a medical or physical
105	105	disability.
106	106	(e) This section does not affect any funds appropriated to
107	107	or grants administered by the court of criminal appeals under
108	108	Chapter 56.
109	109	Sec. 39.003. SUSPENSION. The State Commission on Judicial
110	110	Conduct shall issue an order suspending any judge who fails to meet
111	111	the education requirements under Section 39.002 until the judge
112	112	demonstrates compliance with the requirements.
113	113	Sec. 39.004. REMOVAL FROM OFFICE. (a) For purposes of
114	114	Section 1-a, Article V, Texas Constitution, a judge who is
115	115	noncompliant with the education requirements under Section 39.002
116	116	for more than one year has engaged in wilful or persistent conduct
117	117	that is clearly inconsistent with the proper performance of a
118	118	judge's duties sufficient to subject the judge to removal from
119	119	office.
120	120	(b) The attorney general shall file a petition under Section
121	121	66.002, Civil Practice and Remedies Code, against a judge who is
122	122	subject to removal as provided by Subsection (a) if presented with
123	123	evidence by the State Commission on Judicial Conduct establishing
124	124	probable grounds that the judge engaged in conduct described by
125	125	Subsection (a).
126	126	SECTION 4. Section 72.024, Government Code, is amended by
127	127	adding Subsection (b-1) to read as follows:
128	128	(b-1) The director shall develop standards for identifying
129	129	courts that need additional assistance to promote the efficient
130	130	administration of justice.
131	131	SECTION 5. Section 72.082, Government Code, is amended to
132	132	read as follows:
133	133	Sec. 72.082. PERFORMANCE REPORT. The office shall annually
134	134	collect and publish a performance report of information regarding
135	135	the efficiency of the courts of this state. The report must include
136	136	disaggregated performance measures for each appellate court,
137	137	district court, statutory county court, statutory probate court,
138	138	and county court.
139	139	SECTION 6. Section 72.083, Government Code, is amended to
140	140	read as follows:
141	141	Sec. 72.083. TRIAL COURTS. (a) [The office shall report
142	142	the aggregate clearance rate of cases for the district courts.] In
143	143	this section, "clearance rate" means the number of cases disposed
144	144	of by a court [the district courts] divided by the number of cases
145	145	added to the docket [dockets] of the court [district courts].
146	146	(b) The office shall annually report the following
147	147	performance measures for each district court, statutory county
148	148	court, statutory probate court, and county court:
149	149	(1) the court's clearance rate;
150	150	(2) the average time a case is before the court from
151	151	filing to disposition; and
152	152	(3) the age of the court's active pending caseload.
153	153	SECTION 7. Section 74.046, Government Code, is amended to
154	154	read as follows:
155	155	Sec. 74.046. DUTIES OF PRESIDING JUDGE. (a) A presiding
156	156	judge shall:
157	157	(1) ensure the promulgation of regional rules of
158	158	administration within policies and guidelines set by the supreme
159	159	court;
160	160	(2) advise local judges on case flow management and
161	161	auxiliary court services;
162	162	(3) recommend to the chief justice of the supreme
163	163	court any needs for judicial assignments from outside the region;
164	164	(4) recommend to the supreme court any changes in the
165	165	organization, jurisdiction, operation, or procedures of the region
166	166	necessary or desirable for the improvement of the administration of
167	167	justice;
168	168	(5) act for a local administrative judge when the
169	169	local administrative judge does not perform the duties required by
170	170	Subchapter D;
171	171	(6) implement and execute any rules adopted by the
172	172	supreme court under this chapter;
173	173	(7) provide the supreme court or the office of court
174	174	administration statistical information requested; and
175	175	(8) perform the duties assigned by the chief justice
176	176	of the supreme court.
177	177	(b) A presiding judge may appoint a judicial mentor or
178	178	arrange for additional administrative personnel to be assigned to a
179	179	court identified by the Office of Court Administration of the Texas
180	180	Judicial System as needing additional assistance under Section
181	181	72.024(b-1).
182	182	SECTION 8. Section 81.075, Government Code, is amended by
183	183	adding Subsection (f) to read as follows:
184	184	(f) If the panel of a district grievance committee finds an
185	185	attorney knowingly made a false declaration on an application for a
186	186	place on the ballot as a candidate for judicial office under Section
187	187	141.0311, Election Code, the committee shall impose a public
188	188	sanction against the respondent attorney.
189	189	SECTION 9. Chapter 82, Government Code, is amended by
190	190	adding Subchapter D to read as follows:
191	191	SUBCHAPTER D. SPECIALTY CERTIFICATIONS FOR ATTORNEYS
192	192	Sec. 82.101. SPECIALTY CERTIFICATION IN JUDICIAL
193	193	ADMINISTRATION. (a) The supreme court shall adopt rules
194	194	establishing a specialty certification for attorneys in the
195	195	practice area of judicial administration.
196	196	(b) For purposes of establishing a specialty certification
197	197	for attorneys in the practice area of judicial administration, the
198	198	Texas Board of Legal Specialization shall make recommendations to
199	199	the supreme court for the specialty certification and a proposed
200	200	examination for obtaining the specialty certification.
201	201	(c) The Texas Board of Legal Specialization shall make the
202	202	specialty certification for attorneys in judicial administration
203	203	available to each judge of an appellate court, district court,
204	204	statutory county court, statutory probate court, or county court
205	205	performing judicial functions who is a licensed attorney and who
206	206	meets the eligibility requirements established by the board.
207	207	(d) The supreme court by rule shall require an attorney who
208	208	holds a specialty certification in judicial administration to
209	209	annually complete 21 hours of continuing legal education to
210	210	maintain the certification.
211	211	(e) A justice or judge who holds a specialty certification
212	212	in judicial administration or another specialty certification may
213	213	be entitled to additional compensation if the legislature makes a
214	214	specific appropriation for that purpose.
215	215	SECTION 10. (a) As soon as practicable after the effective
216	216	date of this Act, the Texas Supreme Court shall adopt the rules
217	217	necessary to implement Chapter 39, Government Code, as added by
218	218	this Act, and Subchapter D, Chapter 82, Government Code, as added by
219	219	this Act.
220	220	(b) As soon as practicable after the effective date of this
221	221	act, the Texas Judicial Council shall adopt the rules necessary for
222	222	the Office of Court Administration of the Texas Judicial System to
223	223	collect the information required under Sections 72.082 and 72.083,
224	224	Government Code, as amended by this Act.
225	225	(c) Section 141.0311, Election Code, as added by this Act,
226	226	applies only to an application for a place on the ballot filed for
227	227	an election ordered on or after the effective date of this Act. An
228	228	application for a place on the ballot filed for an election ordered
229	229	before the effective date of this Act is covered by the law in
230	230	effect on the date the application was filed, and the former law is
231	231	continued in effect for that purpose.
232	232	(d) The changes in law made by Chapter 39, Government Code,
233	233	as added by this Act, apply to all judges elected, appointed, or
234	234	holding office on or after the effective date of this Act.
235	235	SECTION 11. This Act takes effect September 1, 2023.
236	236	______________________________ ______________________________
237	237	President of the Senate Speaker of the House
238	238	I certify that H.B. No. 2384 was passed by the House on April
239	239	18, 2023, by the following vote: Yeas 146, Nays 2, 1 present, not
240	240	voting.
241	241	______________________________
242	242	Chief Clerk of the House
243	243	I certify that H.B. No. 2384 was passed by the Senate on May
244	244	17, 2023, by the following vote: Yeas 30, Nays 1.
245	245	______________________________
246	246	Secretary of the Senate
247	247	APPROVED: _____________________
248	248	Date
249	249	_____________________
250	250	Governor