Bill Text: TX HB2372 | 2011-2012 | 82nd Legislature | Introduced


Bill Title: Relating to the recusal or disqualification of a statutory probate court judge and subsequent assignment of another judge.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-02 - Committee report sent to Calendars [HB2372 Detail]

Download: Texas-2011-HB2372-Introduced.html
  82R10146 KFF-F
 
  By: Hartnett H.B. No. 2372
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the recusal or disqualification of a statutory probate
  court judge and subsequent assignment of another judge.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 25.00255(g), (g-1), (i), (i-1), (i-2),
  (i-3), (i-5), (k), (l), and (m), Government Code, are amended to
  read as follows:
         (g)  A judge who recuses himself or herself:
               (1)  shall enter an order of recusal and:
                     (A)  if the judge serves a statutory probate court
  located in a county with only one statutory probate court, request
  that the presiding judge of the statutory probate courts
  [administrative judicial district] assign a judge under Section
  25.002201 to hear the case; or
                     (B)  subject to Subsection (l), if the judge
  serves a statutory probate court located in a county with more than
  one statutory probate court, request that the clerk who serves the
  statutory probate courts in that county randomly reassign the case
  to a judge of one of the other statutory probate courts located in
  the county; and
               (2)  may not take other action in the case except for
  good cause stated in the order in which the action is taken.
         (g-1)  A judge who disqualifies himself or herself:
               (1)  shall enter an order of disqualification and
  request that the presiding judge of the statutory probate courts
  [administrative judicial district] assign a judge under Section
  25.002201 to hear the case; and
               (2)  may not take other action in the case.
         (i)  After receiving a request under Subsection (h), the
  presiding judge of the statutory probate courts, subject to and
  except as provided by this section, shall [immediately forward the
  request to the presiding judge of the administrative judicial
  district and request that the presiding judge of the administrative
  judicial district] assign a judge to hear the motion for recusal or
  disqualification. The presiding judge may not assign a judge of a
  statutory probate court to hear a motion under this subsection if
  the judge of the statutory probate court serves in the same county
  as the statutory probate court judge who is the subject of the
  motion. If the judge who is the subject of a motion for recusal or
  disqualification serves as the presiding judge of the statutory
  probate courts, the chief justice of the supreme court shall assign
  a judge to hear the motion [Not later than the 15th day after the
  date the presiding judge of the administrative judicial district
  receives the request, the presiding judge shall:
               [(1)     set a hearing before himself or herself or a judge
  designated by the presiding judge, except that the presiding judge
  may not designate a judge of a statutory probate court in the same
  county as the statutory probate court served by the judge who is the
  subject of the motion;
               [(2)     cause notice of the hearing to be given to all
  parties or their counsel to the case; and
               [(3)     make other orders, including orders for interim
  or ancillary relief, in the pending case].
         (i-1)  The judge assigned to hear a motion for recusal or
  disqualification under Subsection (i) shall:
               (1)  set a hearing;
               (2)  cause notice of the hearing to be given to all
  parties or their counsel to the case; and
               (3)  make other orders, including orders for interim or
  ancillary relief, in the pending case  [If the presiding judge of
  the administrative judicial district does not assign a judge to
  hear a motion for recusal or disqualification within the time
  prescribed by Subsection (i), the presiding judge of the statutory
  probate courts may assign a judge to hear the motion and take other
  action under that subsection].
         (i-2)  A judge who hears a motion for recusal or
  disqualification under Subsection [(i) or] (i-1) may also hear any
  amended or supplemented motion for recusal or disqualification
  filed in the case.
         (i-3)  If a motion for recusal or disqualification is granted
  after a hearing conducted as provided by Subsection [(i) or] (i-1),
  the judge who heard the motion shall:
               (1)  if the judge subject to recusal or
  disqualification serves a statutory probate court located in a
  county with only one statutory probate court, enter an order of
  recusal or disqualification, as appropriate, and request that the
  presiding judge of the statutory probate courts [administrative
  judicial district] assign a judge under Section 25.002201 to hear
  the case; or
               (2)  subject to Subsection (l), if the judge subject to
  recusal or disqualification serves a statutory probate court
  located in a county with more than one statutory probate court,
  enter an order of recusal or disqualification, as appropriate, and
  request that the clerk who serves the statutory probate courts in
  that county randomly reassign the case to a judge of one of the
  other statutory probate courts located in the county.
         (i-5)  A judge assigned to hear a motion for recusal or
  disqualification under Subsection (i) is entitled to receive the
  same salary, compensation, and expenses, and to be paid in the same
  manner and from the same fund, as a judge otherwise assigned under
  Section 25.0022[, except that a judge assigned under Subsection (i)
  shall provide the information required by Section 25.0022(l) to the
  presiding judge of the administrative judicial district, who shall
  immediately forward the information to the presiding judge of the
  statutory probate courts].
         (k)  A party may file a motion for sanctions alleging that
  another party in the case filed a motion for the recusal or
  disqualification of a judge solely to delay the case and without
  sufficient cause.  The presiding judge of the statutory probate
  courts [administrative judicial district] or the judge assigned to
  hear the motion for recusal may approve a motion for sanctions
  authorized by Rule 215.2(b), Texas Rules of Civil Procedure.
         (l)  If a clerk of a statutory probate court is unable to
  reassign a case as requested under Subsection (g)(1)(B) or (i-3)(2)
  because the other statutory probate court judges in the county have
  been recused or disqualified or are otherwise unavailable to hear
  the case, the clerk shall immediately notify the presiding judge of
  the statutory probate courts [administrative judicial district]
  and request that the presiding judge of the statutory probate
  courts [administrative judicial district] assign a judge under
  Section 25.002201 to hear the case.
         (m)  The clerk of a statutory probate court shall immediately
  notify and provide to the presiding judge of the statutory probate
  courts a copy of an order of recusal or disqualification issued with
  respect to the judge of a [the] statutory probate court.
         SECTION 2.  Sections 25.002201(a) and (b), Government Code,
  are amended to read as follows:
         (a)  Not later than the 15th day after the date an order of
  recusal or disqualification of a statutory probate court judge is
  issued in a case, the presiding judge of the statutory probate
  courts, except as provided by Subsection (b), [administrative
  judicial district] shall assign a statutory probate court judge or
  a former or retired judge of a statutory probate court to hear the
  case if:
               (1)  the judge of the statutory probate court recused
  himself or herself under Section 25.00255(g)(1)(A);
               (2)  the judge of the statutory probate court
  disqualified himself or herself under Section 25.00255(g-1);
               (3)  the order was issued under Section
  25.00255(i-3)(1); or
               (4)  the presiding judge of the statutory probate
  courts [administrative judicial district] receives notice and a
  request for assignment from the clerk of the statutory probate
  court under Section 25.00255(l).
         (b)  If the [presiding] judge who is the subject of an order
  of recusal or disqualification is [of an administrative judicial
  district does not assign a judge under Subsection (a) within the
  time prescribed by that subsection,] the presiding judge of the
  statutory probate courts, the chief justice of the supreme court
  shall [may] assign a statutory probate court judge or a former or
  retired judge of a statutory probate court to hear the case [instead
  of the presiding judge of the administrative judicial district
  making the assignment under that subsection].
         SECTION 3.  Section 25.00255(i-4), Government Code, is
  repealed.
         SECTION 4.  The changes in law made by this Act apply only to
  a motion for recusal or disqualification of a judge that is filed on
  or after the effective date of this Act.  A motion for recusal or
  disqualification of a judge filed before the effective date of this
  Act is governed by the law in effect on the date the motion was
  filed, and the former law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2011.
feedback