HBA-SEB, KMH H.B. 639 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 639
By: Thompson
Judicial Affairs
3/9/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the chief justice of the supreme court is authorized to assign a
former judge of certain courts to active service as a visiting judge.  The
Government Code does not set forth the eligibility requirements for a
visiting judge.  H.B. 639 sets forth those eligibility requirements and
clarifies the process of objecting to a judge's assignment. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 74.003, Government Code, by amending Subsection
(b) and adding Subsection (f), as follows: 

(b)  Provides that in order for a retired justice or judge to be eligible
for assignment to a court of appeals for active service, the retired judge
or justice must have served as an active justice or judge for at least 96
months in a district, statutory probate, statutory county, or appellate
court, including at least 48 months in an appellate court.  Provides that
the retired judge or justice must not have been removed from office and
must certify under oath to the chief justice of the supreme court, on a
form prescribed by the chief justice, that the judge did not resign from
office after having received notice that formal proceedings by the State
Commission on Judicial Conduct had been instituted as provided in Section
33.022 (Complainant's and Judge's Rights) and before the final disposition
of the proceedings. Provides that the retired judge or justice must also
annually demonstrate that the judge has completed in the past calendar year
the educational requirements for active appellate court justices or judges
and must certify to the chief justice of the supreme court a willingness
not to appear and plead as an attorney in any court in this state for a
period of two years. 

(f)  Establishes that for the purposes of computing months of active
service in Subsection (b), a month of service is calculated as a calendar
month or a portion of a calendar month in which a judge was authorized by
election or appointment to preside. 

SECTION 2.  Amends Section 74.053, Government Code, as follows:

Sec. 74.053.  New title:  OBJECTION TO JUDGE ASSIGNED TO A TRIAL COURT.
Requires a presiding judge, when assigned to a trial court, to give notice
of the assignment to each attorney representing a party to the case that is
to be heard if it is reasonable and practicable and if time permits.
Prohibits a judge from hearing a case if a party to the case files a timely
objection to the assignment.  Provides that an objection must be filed not
later than the seventh day after the date that the party receives actual
notice of the assignment or before the date that the first hearing or
trial, including pretrial hearings, commences, whichever date occurs
earlier.  Authorizes the presiding judge to extend the time to file an
objection on written motion by a party who demonstrates good cause.
Prohibits an assigned judge or justice from sitting in a case if the judge
or justice was defeated in the last primary or general election for which
the judge or justice was a candidate for the judicial office held  by the
judge or justice and if either party objects to the judge or justice.
Defines "party." 

SECTION 3.  Amends Sections 74.055(c) and (e), Government Code, to make
conforming changes. 

SECTION 4.  Amends Section 75.551, Government Code, to make conforming
changes. 

SECTION 5.  Repealer:  Section 74.055(d), Government Code (regarding a list
of retired and former judges subject to assignment).  Section 74.055(d)
currently provides that a former district judge need not fulfill a 48-month
service requirement in order to appear on the list of retired and former
judges. 

SECTION 6.  (a)  Makes application of Sections 2 and 4 of this Act
prospective. 

(b)  Makes application of Sections 1, 3, and 5 of this Act prospective,
except as provided by Subsection (c). 

(c)  Provides that the change in law made by Sections 1, 3, and 5 of this
Act does not apply to a person who immediately before the effective date of
this Act is eligible to be assigned as a visiting judge by the chief
justice of the supreme court under Section 74.003(b) or Chapter 75,
Government Code (Other Court Administration), or to be named on a list of
retired and former judges under Section 74.055(c), Government Code, and the
former law is continued in effect for determining that person's eligibility
for those purposes. 

SECTION 7.  Effective date: September 1, 1999.

SECTION 8.  Emergency clause.