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