88S30300 AMF-D
	By: Raymond	H.B. No. 70

Statutes affected:
Introduced: Government Code 74.003, Government Code 74.041, Government Code 74.055 (Government Code 74)

	A BILL TO BE ENTITLED
	AN ACT
	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 [96] months in a district, statutory probate, statutory
	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; [and]
	(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 [96] months in a statutory probate or statutory county
	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 [96]
	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