Bill Text: TX SB1471 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to the recusal or disqualification of a statutory probate judge or other judge authorized to hear probate, guardianship, or mental health matters, and the subsequent assignment of another judge.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2013-05-21 - Placed on General State Calendar [SB1471 Detail]
Download: Texas-2013-SB1471-Engrossed.html
By: West | S.B. No. 1471 |
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relating to the recusal or disqualification of a statutory probate | ||
judge or other judge authorized to hear probate, guardianship, or | ||
mental health matters, and the subsequent assignment of another | ||
judge. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subsections (d) and (h), Section 25.0022, | ||
Government Code, are amended to read as follows: | ||
(d) The presiding judge shall: | ||
(1) ensure the promulgation of local rules of | ||
administration in accordance with policies and guidelines set by | ||
the supreme court; | ||
(2) advise local statutory probate court judges on | ||
case flow management practices and auxiliary court services; | ||
(3) perform a duty of a local administrative statutory | ||
probate court judge if the local administrative judge does not | ||
perform that duty; | ||
(4) appoint an assistant presiding judge of the | ||
statutory probate courts; | ||
(5) call and preside over annual meetings of the | ||
judges of the statutory probate courts at a time and place in the | ||
state as designated by the presiding judge; | ||
(6) call and convene other meetings of the judges of | ||
the statutory probate courts as considered necessary by the | ||
presiding judge to promote the orderly and efficient administration | ||
of justice in the statutory probate courts; | ||
(7) study available statistics reflecting the | ||
condition of the dockets of the probate courts in the state to | ||
determine the need for the assignment of judges under this section; | ||
(8) compare local rules of court to achieve uniformity | ||
of rules to the extent practical and consistent with local | ||
conditions; and | ||
(9) assign or order the clerk who serves the statutory | ||
probate courts to randomly assign a judge or former or retired judge | ||
of a statutory probate court to hear a case under Section | ||
25.002201(a) or 25.00255, as applicable [ |
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(h) Subject to Section 25.002201, a judge or a former or | ||
retired judge of a statutory probate court may be assigned by the | ||
presiding judge of the statutory probate courts to hold court in a | ||
statutory probate court, a county court, or any statutory court | ||
exercising probate jurisdiction when: | ||
(1) a statutory probate judge requests assignment of | ||
another judge to the judge's court; | ||
(2) a statutory probate judge is absent, disabled, or | ||
disqualified for any reason; | ||
(3) a statutory probate judge is present or is trying | ||
cases as authorized by the constitution and laws of this state and | ||
the condition of the court's docket makes it necessary to appoint an | ||
additional judge; | ||
(4) the office of a statutory probate judge is vacant; | ||
(5) the presiding judge of an administrative judicial | ||
district requests the assignment of a statutory probate judge to | ||
hear a probate matter in a county court or statutory county court; | ||
(6) the statutory probate [ |
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as described by Section 25.002201(a) [ |
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(7) a county court judge requests the assignment of a | ||
statutory probate judge to hear a probate matter in the county | ||
court; or | ||
(8) a local administrative statutory probate court | ||
judge requests the assignment of a statutory probate judge to hear a | ||
matter in a statutory probate court. | ||
SECTION 2. Subsections (a) and (b), Section 25.002201, | ||
Government Code, are amended to read as follows: | ||
(a) Except as provided by Subsection (b), not [ |
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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 [ |
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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 [ |
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from the clerk of the statutory probate court under Section | ||
25.00255(l). | ||
(b) If the [ |
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of recusal or disqualification is [ |
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statutory probate courts, the chief justice of the supreme court | ||
shall [ |
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judge, or a former or retired judge of a statutory probate court to | ||
hear the case [ |
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SECTION 3. Subsections (a), (g), (g-1), (i-2), (i-3), | ||
(i-5), and (l), Section 25.00255, Government Code, are amended to | ||
read as follows: | ||
(a) Notwithstanding any conflicting provision in the Texas | ||
Rules of Civil Procedure, Rules 18a and 18b, Texas Rules of Civil | ||
Procedure, apply to the recusal and disqualification of a statutory | ||
probate court judge except as otherwise provided by this section or | ||
another provision of this subchapter. The presiding judge: | ||
(1) has the authority and shall perform the functions | ||
and duties of the presiding judge of the administrative judicial | ||
region under the rules, including the duty to hear or rule on a | ||
referred motion of recusal or disqualification or, subject to | ||
Subdivisions (2) and (3) and to Section 25.002201, assign a judge to | ||
hear and rule on a referred motion of recusal or disqualification; | ||
(2) may assign a presiding judge of the administrative | ||
judicial region to hear and rule on a referred motion of recusal or | ||
disqualification only with the consent of the presiding judge of | ||
the administrative judicial region; and | ||
(3) may not assign a judge of a statutory probate court | ||
located in the same county as the statutory probate court served by | ||
the judge who is the subject of the motion of recusal or | ||
disqualification [ |
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(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 [ |
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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 presiding judge order | ||
the clerk who serves the statutory probate courts in that county to | ||
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: | ||
(A) if the judge serves a statutory probate court | ||
located in a county with only one statutory probate court, request | ||
that the presiding judge [ |
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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 presiding judge order | ||
the clerk who serves the statutory probate courts in that county to | ||
randomly reassign the case to a judge of one of the other statutory | ||
probate courts; and | ||
(2) may not take other action in the case. | ||
(i-2) A judge who hears a motion for recusal or | ||
disqualification [ |
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amended or supplemented motion for recusal or disqualification | ||
filed in the case. | ||
(i-3) If a motion for recusal or disqualification is granted | ||
[ |
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the presiding judge [ |
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to another court or assign another judge to the case and: | ||
(1) if the judge subject to recusal or | ||
disqualification serves a statutory probate court located in a | ||
county with only one statutory probate court, the presiding judge | ||
or judge assigned to decide the motion shall enter an order of | ||
recusal or disqualification, as appropriate, and request that the | ||
presiding judge [ |
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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, the | ||
presiding judge or judge assigned to decide the motion shall 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 [ |
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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[ |
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(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 | ||
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presiding judge [ |
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judge under Section 25.002201 to hear the case. | ||
SECTION 4. Section 26.012, Government Code, is amended to | ||
read as follows: | ||
Sec. 26.012. ASSIGNMENT OF VISITING JUDGE FOR PROBATE, | ||
GUARDIANSHIP, AND MENTAL HEALTH MATTERS. If the county judge is | ||
absent, incapacitated, recused, or disqualified to act in a | ||
probate, guardianship, or mental health matter, a visiting judge | ||
shall be assigned in accordance with Section 25.0022(h). | ||
SECTION 5. The following are repealed: | ||
(1) Subsections (b), (c), (d), (e), (f), (h), (i), | ||
(i-4), and (j), Section 25.00255, Government Code; and | ||
(2) Subsection (c), Section 25.002201, Government | ||
Code. | ||
SECTION 6. 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 7. This Act takes effect September 1, 2013. |