88R9952 AMF-D
By: Morales of Maverick, Leach, Cook, H.B. No. 3115
Harris of Anderson, Canales
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain retired or former district
court judges for assignment as a visiting judge.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 74.055, Government Code, is amended by
amending Subsections (c) and (f) and adding Subsection (d) to read
as follows:
(c) To be eligible to be named on the list, a retired or
former judge must:
(1) have served as an active judge for at least 96
months in a district, statutory probate, statutory county, or
appellate court;
(2) have developed substantial experience in the
judge's area of specialty;
(3) not have been removed from office;
(4) except as provided by Subsection (d), certify
under oath to the presiding judge, on a form prescribed by the state
board of regional judges, that:
(A) the judge has never been publicly reprimanded
or censured by the State Commission on Judicial Conduct; and
(B) the judge:
(i) did not resign or retire from office
after the State Commission on Judicial Conduct notified the judge
of the commencement of a full investigation into an allegation or
appearance of misconduct or disability of the judge as provided in
Section 33.022 and before the final disposition of that
investigation; or
(ii) if the judge did resign from office
under circumstances described by Subparagraph (i), was not publicly
reprimanded or censured as a result of the investigation;
(5) annually demonstrate that the judge has completed
in the past state fiscal year the educational requirements for
active district, statutory probate, and statutory county court
judges; and
(6) certify to the presiding judge a willingness not
to appear and plead as an attorney in any court in this state for a
period of two years.
(d) Notwithstanding Subsection (c)(4), a retired or former
district court judge is eligible to be named on the list if the
retired or former district court judge certifies under oath to the
presiding judge, on a form prescribed by the state board of regional
judges, that during the 15 years preceding assignment under this
section:
(1) the judge has not been publicly reprimanded or
censured by the State Commission on Judicial Conduct; and
(2) the judge:
(A) did not resign or retire from office after
the State Commission on Judicial Conduct notified the judge of the
commencement of a full investigation into an allegation or
appearance of misconduct or disability of the judge as provided in
Section 33.022 and before the final disposition of that
investigation; or
(B) if the judge did resign from office under
circumstances described by Paragraph (A), was not publicly
reprimanded or censured as a result of the investigation.
(f) A former or retired judge of a statutory probate,
statutory county, or appellate court is ineligible to be named on
the list if the former or retired judge is identified in a public
statement issued by the State Commission on Judicial Conduct as
having resigned or retired from office in lieu of discipline. A
former or retired district court judge is ineligible to be named on
the list if during the 15 years preceding appointment under this
section the former or retired judge is identified in a public
statement issued by the State Commission on Judicial Conduct as
having resigned or retired from office in lieu of discipline.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.