Relating to the assignment of certain retired and former justices and judges.

89(R) HB 1181 - Engrossed version - Bill Text

89R117 AMF-F

By: Raymond, Martinez Fischer

H.B. No. 1181

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

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; [
and
]

(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
[
this

state
] for a period of two years
; and

(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.