Bill Summary – FastDemocracy

   
      88(4) HB 94 - Introduced version - Bill Text
      
            88S40118 AMF-D
         
		By:  Raymond
            H.B.  No.  94
         
               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
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 Statutes affected: Introduced: Government Code 74.003, Government Code 74.041, Government Code 74.055 (Government Code 74)