Bill Text: TX HB70 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to the assignment of certain retired and former justices and judges.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-10-06 - Filed [HB70 Detail]
Download: Texas-2023-HB70-Introduced.html
| 88S30300 AMF-D | ||
| By: Raymond | H.B. No. 70 | |
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| relating to the assignment of certain retired and former justices | ||
| and judges. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 74.003(b), Government Code, is amended | ||
| to read as follows: | ||
| (b) The chief justice of the supreme court may assign a | ||
| qualified former or retired justice or judge of the supreme court, | ||
| of the court of criminal appeals, or of a court of appeals to a court | ||
| of appeals for active service regardless of whether a vacancy | ||
| exists in the court to which the justice or judge is assigned. To be | ||
| eligible for assignment under this subsection, a former or retired | ||
| justice or judge must: | ||
| (1) have served as an active justice or judge for at | ||
| least 72 [ |
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| county, or appellate court, with at least 48 of those months in an | ||
| appellate court; | ||
| (2) not have been removed from office; | ||
| (3) certify under oath to the chief justice of the | ||
| supreme court, on a form prescribed by the chief justice, that: | ||
| (A) the justice or judge has never been publicly | ||
| reprimanded or censured by the State Commission on Judicial | ||
| Conduct; and | ||
| (B) the justice or judge: | ||
| (i) did not resign or retire from office | ||
| after the State Commission on Judicial Conduct notified the justice | ||
| or judge of the commencement of a full investigation into an | ||
| allegation or appearance of misconduct or disability of the justice | ||
| or judge as provided in Section 33.022 and before the final | ||
| disposition of that investigation; or | ||
| (ii) if the justice or judge did resign from | ||
| office under circumstances described by Subparagraph (i), the | ||
| justice or judge was not publicly reprimanded or censured as a | ||
| result of the investigation; | ||
| (4) annually demonstrate that the justice or judge has | ||
| completed in the past state fiscal year the educational | ||
| requirements for active appellate court justices or judges; [ |
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| (5) certify to the chief justice of the supreme court a | ||
| willingness not to appear and plead as an attorney in any court of | ||
| appeals in this state or district, statutory probate, or statutory | ||
| county court in a county under the jurisdiction of the appellate | ||
| court to which the justice or judge is assigned for a period of two | ||
| years; and | ||
| (6) certify to the chief justice a willingness not to | ||
| hear any matter involving a party who is a current or former client | ||
| of the justice or judge for the duration of the assignment. | ||
| SECTION 2. Section 74.041(6), Government Code, is amended | ||
| to read as follows: | ||
| (6) "Retired judge" means: | ||
| (A) a retiree; or | ||
| (B) a person who served as an active judge for at | ||
| least 72 [ |
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| court and has retired under the Texas County and District | ||
| Retirement System. | ||
| SECTION 3. Section 74.055(c), Government Code, is amended | ||
| to read as follows: | ||
| (c) To be eligible to be named on the list, a retired or | ||
| former judge must: | ||
| (1) have served as an active judge for at least 72 [ |
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| months in a district, statutory probate, statutory county, or | ||
| appellate court; | ||
| (2) have developed substantial experience in the | ||
| judge's area of specialty; | ||
| (3) not have been removed from office; | ||
| (4) certify under oath to the presiding judge, on a | ||
| form prescribed by the state board of regional judges, that: | ||
| (A) the judge has never been publicly reprimanded | ||
| or censured by the State Commission on Judicial Conduct; and | ||
| (B) the judge: | ||
| (i) did not resign or retire from office | ||
| after the State Commission on Judicial Conduct notified the judge | ||
| of the commencement of a full investigation into an allegation or | ||
| appearance of misconduct or disability of the judge as provided in | ||
| Section 33.022 and before the final disposition of that | ||
| investigation; or | ||
| (ii) if the judge did resign from office | ||
| under circumstances described by Subparagraph (i), was not publicly | ||
| reprimanded or censured as a result of the investigation; | ||
| (5) annually demonstrate that the judge has completed | ||
| in the past state fiscal year the educational requirements for | ||
| active district, statutory probate, and statutory county court | ||
| judges; [ |
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| (6) certify to the presiding judge a willingness not | ||
| to appear and plead as an attorney in any court in the | ||
| administrative judicial region in which the judge is assigned [ |
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| (7) certify to the presiding judge a willingness not | ||
| to hear any matter involving a party who is a current or former | ||
| client of the judge for the duration of the assignment. | ||
| SECTION 4. Sections 74.003(b), 74.041(6), and 74.055(c), | ||
| Government Code, as amended by this Act, apply only to the | ||
| assignment of a justice or judge on or after the effective date of | ||
| this Act. The assignment of a justice or judge before the effective | ||
| date of this Act is governed by the law in effect on the date of the | ||
| assignment, and the former law is continued in effect for that | ||
| purpose. | ||
| SECTION 5. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
