Bill Text: TX HB4638 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the appointment and duties of an associate judge in the 229th Judicial District.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-04-05 - Left pending in committee [HB4638 Detail]
Download: Texas-2023-HB4638-Introduced.html
By: Guillen | H.B. No. 4638 |
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relating to the appointment and duties of an associate judge in the | ||
229th Judicial District. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 54, Government Code, is amended by | ||
adding Subchapter V to read as follows: | ||
SUBCHAPTER C. ASSOCIATE JUDGES IN DUVAL COUNTY | ||
Sec. 54.201. APPOINTMENT. The judge of the 229th District | ||
Court, with the approval of the Commissioners Court of Duval | ||
County, may appoint a full-time or a part-time associate judge to | ||
perform the duties authorized by this subchapter. | ||
Sec. 54.202. QUALIFICATIONS. To be eligible for | ||
appointment as an associate judge, a person must: | ||
(1) be a resident of this state and Duval County; and | ||
(2) meet the requirements and qualifications to serve | ||
as a judge of the court to which the person is appointed. | ||
Sec. 54.203. COMPENSATION. (a) An associate judge is | ||
entitled to the compensation set by the Duval County Commissioners | ||
Court. | ||
(b) The salary shall be paid from the county fund available | ||
for payments of officers' salaries. | ||
(c) This section does not apply to an associate judge | ||
appointed under Section 201.001, Family Code. | ||
Sec. 54.204. PRIVATE PRACTICE. A part-time associate judge | ||
may engage in the private practice of law, unless restricted on a | ||
finding that it is not in the public interest by the appointing | ||
judge. | ||
Sec. 54.205. TERMINATION OF SERVICES. (a) An associate | ||
judge serves at the will of the judge of the 229th District Court. | ||
(b) This section does not apply to an associate judge | ||
appointed under Section 201.001, Family Code. | ||
Sec. 54.206. REFERRAL OF CASE. (a) The appointing judge | ||
may refer to an associate judge any aspect of a civil or criminal | ||
case involving a matter over which the referring court has | ||
jurisdiction in Duval County. | ||
(b) After notice to all parties of the time and place of | ||
hearing, an associate judge may preside over any hearing, | ||
including: | ||
(1) for a civil case, proceedings involving: | ||
(A) a temporary order in an action or suit for | ||
support by one spouse against another; | ||
(B) a motion or suit to modify a temporary or | ||
final order; | ||
(C) temporary orders in a suit affecting the | ||
parent-child relationship; | ||
(D) an application for a temporary injunction | ||
related to temporary possession or use of property; | ||
(E) habeas corpus, including any hearing | ||
authorized by the Family Code; | ||
(F) a motion to transfer; | ||
(G) a motion of contempt for failure or refusal | ||
to obey a temporary or final order; | ||
(H) an action brought under Chapter 159, Family | ||
Code; | ||
(I) an action for the protection of the family; | ||
(J) a matter on which the parties agree; | ||
(K) a matter in which a party is entitled to a | ||
default judgment; | ||
(L) a divorce action in which a waiver of | ||
citation is on file; | ||
(M) a friendly suit; and | ||
(N) any other matter in the jurisdiction of the | ||
court, including a pretrial motion, discovery, summary judgment, | ||
and other matters governed by the Texas Rules of Civil Procedure; | ||
and | ||
(2) for a criminal case, proceedings involving: | ||
(A) a negotiated plea of guilty or nolo | ||
contendere; | ||
(B) bond forfeiture; | ||
(C) a pretrial motion; | ||
(D) a postconviction writ of habeas corpus; | ||
(E) an examining trial; and | ||
(F) any other matter that the judge considers | ||
proper. | ||
(c) A judge may not refer to an associate judge any criminal | ||
case for trial on the merits in which a jury trial has been | ||
requested. | ||
(d) Unless a party files a written objection to the | ||
associate judge hearing the trial, the appointing judge may refer | ||
to an associate judge a trial on the merits. If an objection is | ||
filed, the trial on the merits shall be heard by the referring | ||
court. | ||
(e) A trial on the merits is a final adjudication from which | ||
an appeal may be taken to a court of appeals. | ||
(f) An associate judge may not conduct a contested trial on | ||
the merits to terminate parental rights unless the affected parties | ||
give written consent to the contested trial by the associate judge. | ||
Unless written consent is given by the affected parties to a | ||
contested trial on the merits, any order terminating parental | ||
rights issued pursuant to an associate judge's report resulting | ||
from the contested trial is void. | ||
(g) On appointment of an associate judge, any pending or | ||
future cases may be referred to the associate judge. | ||
Sec. 54.207. ORDER OF REFERRAL. (a) To refer cases to an | ||
associate judge, the referring court must issue an order of | ||
referral. | ||
(b) The order of referral may limit the power or duties of an | ||
associate judge. | ||
Sec. 54.208. POWERS. Except as limited by an order of | ||
referral, an associate judge may: | ||
(1) conduct a hearing; | ||
(2) hear evidence; | ||
(3) compel production of relevant evidence; | ||
(4) rule on admissibility of evidence; | ||
(5) issue summons for the appearance of witnesses; | ||
(6) examine witnesses; | ||
(7) swear witnesses for hearings; | ||
(8) make findings of fact on evidence; | ||
(9) formulate conclusions of law; | ||
(10) recommend the judgment to be made in a case; | ||
(11) regulate all proceedings in a hearing before the | ||
associate judge; | ||
(12) rule on all criminal pretrial motions; and | ||
(13) perform any act and take any measure necessary | ||
and proper for the efficient performance of the associate judge's | ||
duties. | ||
Sec. 54.209. ATTENDANCE OF BAILIFF. A bailiff shall attend | ||
a hearing held by an associate judge if directed by the referring | ||
court. | ||
Sec. 54.210. WITNESS. (a) A witness appearing before an | ||
associate judge is subject to the penalties for perjury provided by | ||
law. | ||
(b) A referring court may issue attachment against and may | ||
fine or imprison a witness whose failure to appear before an | ||
associate judge after being summoned or whose refusal to answer | ||
questions has been certified to the court. | ||
Sec. 54.211. REPORT TRANSMITTED TO COURT; NOTICE. (a) At | ||
the conclusion of any hearing conducted by an associate judge and on | ||
the preparation of an associate judge's report, the associate judge | ||
shall transmit to the referring court: | ||
(1) all papers relating to the case; and | ||
(2) the associate judge's signed and dated report. | ||
(b) After the associate judge's report has been signed, the | ||
associate judge shall give notice of the substance of the report to | ||
the parties participating in the hearing. | ||
(c) The associate judge's report may contain the associate | ||
judge's finding, conclusions, or recommendations. The associate | ||
judge's report must be in writing in a form as the referring court | ||
may direct. The form may be a notation on the referring court's | ||
docket sheet. | ||
(d) The notice required under Subsection (b) may be given in | ||
open court or may be given by certified mail, return receipt | ||
requested. If the notice is given by certified mail, the associate | ||
judge shall certify the date of mailing and the notice is considered | ||
to have been given on the third day after the date of mailing. | ||
Sec. 54.212. NOTICE OF RIGHT TO APPEAL. An associate judge | ||
shall give all parties notice of the right of appeal to the judge of | ||
the referring court. The notice may be given: | ||
(1) at the hearing; | ||
(2) by posting the notice inside or outside the | ||
courtroom of the referring court; or | ||
(3) as otherwise directed by the referring court. | ||
Sec. 54.213. EFFECT OF ASSOCIATE JUDGE'S REPORT PENDING | ||
APPEAL. Pending appeal of the associate judge's report to the | ||
referring court, the decisions and recommendations of the associate | ||
judge are in full force and effect and are enforceable as an order | ||
of the referring court, except for the orders providing for | ||
incarceration or for the appointment of a receiver. | ||
Sec. 54.214. JUDICIAL ACTION ON ASSOCIATE JUDGE'S REPORT. | ||
After the associate judge's report is filed, and unless the parties | ||
have filed a written notice of appeal to the referring court, the | ||
referring court may: | ||
(1) adopt, approve, or reject the associate judge's | ||
report; | ||
(2) hear further evidence; or | ||
(3) recommit the matter for further proceedings as the | ||
referring court considers proper and necessary in the particular | ||
circumstances of the case. | ||
Sec. 54.215. DECREE OR ORDER OF COURT. If an appeal to the | ||
referring court is not filed or the right to an appeal to the | ||
referring court is waived, the findings and the recommendations of | ||
the associate judge become the decree or order of the referring | ||
court only on the referring court's signing an order or decree | ||
conforming to the associate judge's report. | ||
Sec. 54.216. APPEAL TO REFERRING COURT. (a) Any party is | ||
entitled to a hearing by the judge of the referring court if, not | ||
later than three days, computed in the manner provided by Rule 4, | ||
Texas Rules of Civil Procedure, after the associate judge gives the | ||
notice required by Section 54.211, an appeal of the associate | ||
judge's report is filed with the referring court. | ||
(b) The first day of the appeal time to the referring courts | ||
begins on the day after the day on which the associate judge gives | ||
the notice required by Section 54.211. | ||
(c) An appeal to the referring court shall be in writing and | ||
must specify the findings and conclusions of the associate judge to | ||
which the party objects. The appeal is limited to the findings and | ||
conclusions specified in the written appeal. | ||
(d) On appeal to the referring court, the parties may | ||
present witnesses as in a hearing de novo on the issues raised in | ||
the appeal. | ||
(e) Notice of any appeal to the referring court shall be | ||
given to opposing counsel in the manner provided by Rule 21a, Texas | ||
Rules of Civil Procedure. | ||
(f) If an appeal to the referring court is filed by a party, | ||
any other party may file an appeal to the referring court not later | ||
than the seventh day after the date the initial appeal was filed. | ||
(g) The referring court, after notice to the parties, shall | ||
hold a hearing on all appeals not later than the 30th day after the | ||
date on which the initial appeal was filed with the referring court. | ||
(h) Prior to any hearing before an associate judge, the | ||
parties may waive the right of appeal to the referring court. The | ||
waiver may be in writing or on the record. | ||
Sec. 54.217. APPELLATE REVIEW. (a) Failure to appeal to | ||
the referring court, by waiver or otherwise, on the approval by the | ||
referring court of an associate judge's report does not deprive any | ||
party of the right to appeal to or request other relief from a court | ||
of appeals or the supreme court. | ||
(b) The date of the signing of an order or judgment by the | ||
referring court is the controlling date for the purposes of appeal | ||
to or request for other relief from a court of appeals or the | ||
supreme court. | ||
Sec. 54.218. JURY TRIAL DEMANDED. If a jury trial is | ||
demanded and a jury fee paid in a trial on the merits, the associate | ||
judge shall refer any matters requiring a jury back to the referring | ||
court for a full trial before the court and jury. | ||
Sec. 54.219. INAPPLICABILITY OF SUBCHAPTER TO MASTERS | ||
APPOINTED UNDER RULE 171. Masters appointed by the referring court | ||
under Rule 171, Texas Rules of Civil Procedure, have all the duties | ||
and powers set forth in the order of appointment and are not | ||
governed by this subchapter. | ||
Sec. 54.220. IMMUNITY. An associate judge appointed under | ||
this subchapter has the judicial immunity of a district judge. | ||
Sec. 54.221. COURT REPORTER. (a) A court reporter is not | ||
required during a hearing held by an associate judge appointed | ||
under this subchapter. | ||
(b) A party, the associate judge, or the referring court may | ||
provide for a court reporter during the hearing. The record may be | ||
preserved by any other means approved by the associate judge. | ||
(c) The referring court or associate judge may impose on a | ||
party as costs the expense of preserving the record. | ||
SECTION 2. This Act takes effect September 1, 2023. |