Texas House Bill HB2865

Texas 2023 - 88th Regular

• Filed: 2/27/23
• Out of House Committee: 4/13/23
• Voted on by House: 5/2/23
• Out of Senate Committee: 5/21/23

Caption

Relating to the assignment of certain retired and former justices and judges.

Impact

The proposed adjustments in HB 2865 would primarily affect the Government Code, specifically regarding judicial assignments. The bill outlines eligibility criteria for retired judges, emphasizing their experience and integrity, such as requiring those assigned to not have faced public reprimand or removal from office. Additionally, the bill introduces a requirement for these judges to certify a willingness not to appear or plead as attorneys in the courts to which they are assigned for a period of two years, thereby ensuring impartiality in their service as visiting judges. The overall goal is to streamline judicial processes, allowing for a more agile response to the caseload demands on courts across the state.

Summary

House Bill 2865, introduced by Representative Richard Raymond, addresses the assignment of certain retired and former justices and judges in Texas. The bill aims to mitigate the growing case backlog in district courts by extending the time presiding judges can appoint visiting judges from 96 months to 72 months. The intention behind this change is to enhance the efficiency of court operations and ensure that Texans have timely access to justice, particularly as district courts report an influx of around 2,000 new cases each year. This measure represents a strategic response to the increasing pressure on the judicial system due to rising case numbers.

Sentiment

The sentiment around HB 2865 appears to be generally supportive among legislators who recognize the pressing issue of court backlogs. Many view the ability to appoint experienced retired judges as a pragmatic solution to manage the escalating number of cases and improve access to justice. However, there could be concerns regarding the implications for judicial integrity and the potential for any conflicts of interest if retired judges re-enter the system in limited capacities. By ensuring that these judges have met certain criteria, proponents aim to mitigate these concerns while facilitating judicial efficiency.

Contention

Debate surrounding HB 2865 highlights key considerations regarding the balance between efficiency and oversight in judicial appointments. While supporters emphasize the necessity of adapting to the current judicial crisis, there are apprehensions about the long-term implications of relying on retired judges. Potential points of contention include whether this reliance may compromise the independence of the judiciary or detract from the hiring of new judges. The amendment called for by the Office of Court Administration, which limits re-appearance as attorneys for two years, aims to address some of these concerns, showcasing the nuanced discussions that shape the development of the bill.

Texas Constitutional Statutes Affected

Government Code

• Chapter 74. Court Administration Act
  • Section: 003
  • Section: 041
  • Section: 055
  • Section: 003
  • Section: 041
  • Section: 055
  • Section: 003
  • Section: 041
  • Section: 055
  • Section: 003
  • Section: 041
  • Section: 055