Texas 2023 - 88th 3rd C.S.

Texas House Bill HB70 Compare Versions

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1	1	88S30300 AMF-D
2	2	By: Raymond H.B. No. 70
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the assignment of certain retired and former justices
8	8	and judges.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 74.003(b), Government Code, is amended
11	11	to read as follows:
12	12	(b) The chief justice of the supreme court may assign a
13	13	qualified former or retired justice or judge of the supreme court,
14	14	of the court of criminal appeals, or of a court of appeals to a court
15	15	of appeals for active service regardless of whether a vacancy
16	16	exists in the court to which the justice or judge is assigned. To be
17	17	eligible for assignment under this subsection, a former or retired
18	18	justice or judge must:
19	19	(1) have served as an active justice or judge for at
20	20	least 72 [96] months in a district, statutory probate, statutory
21	21	county, or appellate court, with at least 48 of those months in an
22	22	appellate court;
23	23	(2) not have been removed from office;
24	24	(3) certify under oath to the chief justice of the
25	25	supreme court, on a form prescribed by the chief justice, that:
26	26	(A) the justice or judge has never been publicly
27	27	reprimanded or censured by the State Commission on Judicial
28	28	Conduct; and
29	29	(B) the justice or judge:
30	30	(i) did not resign or retire from office
31	31	after the State Commission on Judicial Conduct notified the justice
32	32	or judge of the commencement of a full investigation into an
33	33	allegation or appearance of misconduct or disability of the justice
34	34	or judge as provided in Section 33.022 and before the final
35	35	disposition of that investigation; or
36	36	(ii) if the justice or judge did resign from
37	37	office under circumstances described by Subparagraph (i), the
38	38	justice or judge was not publicly reprimanded or censured as a
39	39	result of the investigation;
40	40	(4) annually demonstrate that the justice or judge has
41	41	completed in the past state fiscal year the educational
42	42	requirements for active appellate court justices or judges; [and]
43	43	(5) certify to the chief justice of the supreme court a
44	44	willingness not to appear and plead as an attorney in any court of
45	45	appeals in this state or district, statutory probate, or statutory
46	46	county court in a county under the jurisdiction of the appellate
47	47	court to which the justice or judge is assigned for a period of two
48	48	years; and
49	49	(6) certify to the chief justice a willingness not to
50	50	hear any matter involving a party who is a current or former client
51	51	of the justice or judge for the duration of the assignment.
52	52	SECTION 2. Section 74.041(6), Government Code, is amended
53	53	to read as follows:
54	54	(6) "Retired judge" means:
55	55	(A) a retiree; or
56	56	(B) a person who served as an active judge for at
57	57	least 72 [96] months in a statutory probate or statutory county
58	58	court and has retired under the Texas County and District
59	59	Retirement System.
60	60	SECTION 3. Section 74.055(c), Government Code, is amended
61	61	to read as follows:
62	62	(c) To be eligible to be named on the list, a retired or
63	63	former judge must:
64	64	(1) have served as an active judge for at least 72 [96]
65	65	months in a district, statutory probate, statutory county, or
66	66	appellate court;
67	67	(2) have developed substantial experience in the
68	68	judge's area of specialty;
69	69	(3) not have been removed from office;
70	70	(4) certify under oath to the presiding judge, on a
71	71	form prescribed by the state board of regional judges, that:
72	72	(A) the judge has never been publicly reprimanded
73	73	or censured by the State Commission on Judicial Conduct; and
74	74	(B) the judge:
75	75	(i) did not resign or retire from office
76	76	after the State Commission on Judicial Conduct notified the judge
77	77	of the commencement of a full investigation into an allegation or
78	78	appearance of misconduct or disability of the judge as provided in
79	79	Section 33.022 and before the final disposition of that
80	80	investigation; or
81	81	(ii) if the judge did resign from office
82	82	under circumstances described by Subparagraph (i), was not publicly
83	83	reprimanded or censured as a result of the investigation;
84	84	(5) annually demonstrate that the judge has completed
85	85	in the past state fiscal year the educational requirements for
86	86	active district, statutory probate, and statutory county court
87	87	judges; [and]
88	88	(6) certify to the presiding judge a willingness not
89	89	to appear and plead as an attorney in any court in the
90	90	administrative judicial region in which the judge is assigned [this
91	91	state] for a period of two years; and
92	92	(7) certify to the presiding judge a willingness not
93	93	to hear any matter involving a party who is a current or former
94	94	client of the judge for the duration of the assignment.
95	95	SECTION 4. Sections 74.003(b), 74.041(6), and 74.055(c),
96	96	Government Code, as amended by this Act, apply only to the
97	97	assignment of a justice or judge on or after the effective date of
98	98	this Act. The assignment of a justice or judge before the effective
99	99	date of this Act is governed by the law in effect on the date of the
100	100	assignment, and the former law is continued in effect for that
101	101	purpose.
102	102	SECTION 5. This Act takes effect on the 91st day after the
103	103	last day of the legislative session.