GOVERNMENT CODE
CHAPTER 75. OTHER COURT ADMINISTRATION
SUBCHAPTER A. ASSIGNMENT OF FORMER JUDGES AND RETIRED JUDGES WHO
ELECT TO BE JUDICIAL OFFICERS
§ 75.001. JUDICIAL RETIREE ELECTION TO BE JUDICIAL
OFFICER. (a) A retiree under Subtitle D or E of Title 8 may elect
to be a judicial officer.
(b) An election under this section may be made:
(1) not later than the 90th day after the date of the
person's retirement in a document addressed to the chief justice of
the supreme court; or
(2) after the 90th day after the date of the person's
retirement in a petition addressed to the supreme court.
(c) An election under Subsection (b)(2) takes effect only on
approval of the petition by the supreme court.
(d) A retiree who makes an election under this section shall
be designated a senior judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 2, § 8.41(a), eff. Aug. 28, 1989;
Acts 1989, 71st Leg., ch. 179, § 2(e), eff. Sept. 1, 1989; Acts
1989, 71st Leg., ch. 646, § 18, eff. Aug. 28, 1989.
§ 75.002. ASSIGNMENT OF RETIREE AS JUDICIAL
OFFICER. (a) A retiree who makes an election under Section 75.001
is, with the retiree's consent to each assignment, subject to
assignment:
(1) by the chief justice of the supreme court to sit on
any court of the state of the same or lesser dignity as that on which
the person sat before retirement;
(2) by the presiding judge of the court of criminal
appeals to sit as a commissioner of that court; and
(3) if the retiree's last judicial office before
retirement was judge of a district or statutory county court, by the
presiding judge of an administrative judicial region to sit on a
district or statutory county court in that administrative region
or, on request of the presiding judge of another administrative
judicial region, to that administrative region.
(b) In addition to an assignment under Section 74.003 and
Subsection (a)(1), the chief justice of the supreme court may
assign a retiree whose last judicial office before retirement was
justice or judge of the supreme court, the court of criminal
appeals, or a court of appeals to the administrative judicial
region in which the retiree resides for reassignment by the
presiding judge of that region to a district or statutory county
court in the region. The reassignment by a presiding judge is
subject to the requirements of Section 74.055. The assignment by
the chief justice of a retiree to the administrative region of the
retiree's residence continues only during the period for which the
retiree has certified a willingness to serve under Section 74.0551.
(c) A retiree assigned under this subchapter has all the
powers of a judge of the court to which the retiree has been
assigned.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 2, § 8.44(15), eff. Aug. 28, 1989;
Acts 1989, 71st Leg., ch. 646, § 18, eff. Aug. 28, 1989.
§ 75.003. ASSIGNMENT OF FORMER APPELLATE JUDGE. (a) A
former judge whose last judicial office before leaving active
service was justice or judge of the supreme court, the court of
criminal appeals, or a court of appeals is, with the former judge's
consent to each assignment, subject to assignment by the chief
justice of the supreme court:
(1) to sit on an appellate, district, or statutory
county court; and
(2) to the administrative judicial region in which the
former judge resides for reassignment by the presiding judge of
that region to a district or statutory county court within the
region.
(b) A reassignment by a presiding judge under Subsection
(a)(2) is subject to the requirements of Section 74.055. The
assignment of a former judge by the chief justice to the
administrative region of the former judge's residence continues
only during the period for which the former judge has certified a
willingness to serve under Section 74.0551.
Added by Acts 1989, 71st Leg., ch. 646, § 19, eff. Aug. 28, 1989.
SUBCHAPTER B. ADMINISTRATION BY JUDGES IN COUNTY
§ 75.012. PRESIDING CIVIL JUDGE OF BEXAR
COUNTY. (a) The district judges of Bexar County, not later than
January 1 and July 1 of each year, or at any other time as determined
by a majority of the district judges, shall elect one of the
district judges as the presiding civil judge to serve at the will of
the judges.
(b) The presiding civil judge, as necessary, shall adjust
the business and dockets of the courts and transfer or cause to be
transferred causes from any of the courts to any other of the courts
to equalize the business of the courts so that each judge has cases
or proceedings to try or consider.
(c) The presiding civil judge shall ensure that the trial of
a case will not be delayed because of the disqualification of the
judge in whose court it is pending.
(d) When a case is transferred, proper orders shall be
entered on the minutes of the court as evidence of the transfer.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 75.013. PRESIDING CRIMINAL JUDGE OF BEXAR
COUNTY. (a) A majority of the judges of the district courts
giving preference to criminal cases in Bexar County shall select a
presiding criminal judge to serve at the will of the judges.
(b) The presiding criminal judge shall be the judge
receiving bills of indictment for that term. All indictments shall
be returned to a district court in Bexar County giving preference to
criminal cases. The presiding criminal judge, in rotation in the
order in which indictments are returned or as agreed to by a
majority of judges trying criminal cases, shall assign indictments
to the judicial districts for trial. The presiding criminal judge
shall adjust the case flow so that each of those courts receives
approximately an equal share of the indictments for trial.
(c) The presiding criminal judge shall handle all
preindictment bond problems and preindictment appointment of
counsel.
(d) Any other judge may preside in the absence of the
presiding criminal judge or at his request.
(e) The presiding criminal judge, as necessary, shall
adjust the business and dockets of the criminal courts and transfer
or cause to be transferred causes from any of the courts to any
other of the courts to equalize the business of the courts so that
each judge has cases or proceedings to try or consider.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 75.014. EL PASO COUNCIL OF JUDGES. (a) The El Paso
Council of Judges is composed of the judges of the district courts
of El Paso County, the judges of the county courts at law of El Paso
County, and the judge of the probate court of El Paso County.
(b) The council of judges may require the district clerk to
maintain, arrange, and preserve copies of or record all or any part
of the acts, proceedings, and minutes of the council of judges. The
district clerk shall maintain, arrange, and preserve those acts,
proceedings, and minutes in the same manner that acts, proceedings,
and minutes of the district court are maintained, arranged, and
preserved.
(c) Unless the council of judges by majority vote provides
otherwise, the judges on the council of judges may sit and act for
any magistrate in the county on any unindicted felony case or on any
misdemeanor case for which an indictment has not been issued or an
information has not been filed.
(d) The offices, courtrooms, physical facilities,
equipment, furniture, and books provided by the El Paso
Commissioners Court for the court system and its auxiliary
services, judges, and court personnel, except for the Court of
Appeals for the Eighth Court of Appeals District, shall be
allocated and utilized as provided by a majority vote of the council
of judges.
(e) The County Courts at Law No. 6 and No. 7 of El Paso
County, Texas, are designated as criminal misdemeanor courts.
Courts designated as criminal misdemeanor courts shall give
preference to and have primary responsibility for:
(1) criminal misdemeanor cases;
(2) appeals or petitions under Section 501.052,
521.242, 521.302, or 524.041, Transportation Code;
(3) misdemeanor bail bond and personal bond forfeiture
cases; and
(4) appeals de novo from the municipal and justice
courts.
(f) The council of judges may by majority vote periodically
change the criminal misdemeanor designations provided by
Subsection (e) so that different county courts at law are
designated as criminal misdemeanor courts. At least four county
courts at law must be designated as criminal misdemeanor courts,
except that, for any period for which the commissioners court has
provided funding for more than one criminal law magistrate judge:
(1) the council of judges may by majority vote
designate a county court at law as a family court; and
(2) there may be fewer than four designated criminal
misdemeanor courts, if the criminal misdemeanor docket permits, as
determined by a majority vote of the council of judges.
(g) For the effective operation of the El Paso County court
system and the effective administration of justice, the council of
judges shall order the assignment, docketing, and transfer of a
specified number or percentage and type of family law cases and
proceedings, as defined by Section 25.0002, to the county court at
law designated as a family court under Subsection (f). If, after a
county court at law is designated a family court, funding for more
than one criminal law magistrate judge is not continued, the
council of judges may order that:
(1) the designation of the county court at law as a
family law court be retracted; and
(2) a specified number or percentage and type of
family law cases and proceedings in that court be transferred to
other courts for the effective operation of the court system and the
effective administration of justice.
Added by Acts 1989, 71st Leg., ch. 1074, § 7, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 20, § 2, eff. Sept. 1, 1997.
§ 75.015. EL PASO COUNTY JUDGE
ASSIGNMENTS. (a) Judges may be assigned in the manner provided by
this section to hold district court, county court at law, or
statutory probate court in El Paso County when necessary to dispose
of accumulated business in the county.
(b) The following judges may be assigned as provided by this
section by any judge of a district court, county court at law, or
statutory probate court in El Paso County or by the El Paso Council
of Judges:
(1) a regular judge of a district court, county court
at law, or statutory probate court of El Paso County, who has
consented to be subject to assignment under this section and who has
filed the judge's written consent to assignment with the local
administrative judge under this section; and
(2) any judge on the criminal law magistrate court of
El Paso County, who has consented to be subject to assignment under
this section and who has filed the judge's written consent to
assignment with the local administrative judge under this section.
(c) The local administrative judge shall establish and
maintain a list of judges who have filed a written consent to be
subject to assignment under this section.
(d) The written consent of a judge to be subject to
assignment under this section by a district, county court at law, or
statutory probate judge in El Paso County or by the El Paso Council
of Judges may be limited to one or more district courts, county
courts at law, or statutory probate courts.
(e) An El Paso County district, county court at law, or
statutory probate judge may only assign a judge under this section
to hold court for that judge.
(f) A judge may revoke or amend the judge's written consent
to assignment under this section by filing a revocation or
amendment to the consent with the local administrative judge not
later than the 10th day before the effective date of the revocation
or amendment.
(g) A judge on the criminal law magistrate court of El Paso
County may be assigned to hold district court under this section
without the judge's consent by a two-thirds vote of all the district
court and county court at law judges of El Paso County.
(h) A judge assigned under this section has all the powers,
emoluments of office, and jurisdiction of the judge of the court to
which the assignment is made.
(i) If any court holds any part of this section, Section
25.0732, or Subchapter J, Chapter 54, as added by Senate Bill No.
221, Acts of the 71st Legislature, Regular Session, 1989,
unconstitutional, all acts performed by any judge under the
authority of any of these laws before and on the date that the
court's judgment becomes final are valid and binding.
(j) A retired or former judge of a county court at law or
statutory probate court of El Paso County who is assigned to a
district court in El Paso County under Subchapter A, under Chapter
74, or by other law of this state has the jurisdiction conferred by
Subsection (h) of this section. A retired or former judge of a
county court at law or statutory probate court of El Paso County who
has served 12 years as a county court at law judge is a senior judge.
The district courts, county courts at law, and statutory probate
courts of El Paso County are of the same dignity.
(k) Except as provided by this subsection or by the council
of judges, the local administrative judge may assign a judge on the
council of judges or any other magistrate in the county to hold
court for any magistrate in the county in any unindicted felony case
or any Class A misdemeanor case, or Class B misdemeanor case for
which an indictment has not been issued or an information has not
been filed. A judge on the council of judges, other than the
magistrate judge, may not be assigned under this subsection without
the judge's consent. The local administrative judge may delegate
or the council of judges may provide for delegation of the power to
assign under this subsection to any other judge on the council of
judges. A judge assigned under this subsection has all the powers
and jurisdiction of the judge of the court to which assigned.
Added by Acts 1989, 71st Leg., ch. 1074, § 7, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 512, § 3, eff. June 13,
1991.
SUBCHAPTER C. SENIOR DISTRICT JUDGES FOR THE FIRST ADMINISTRATIVE
JUDICIAL REGION
§ 75.101. PURPOSE. The purpose of this subchapter is to
establish a system by which qualified judges will be made available
to serve in cases in which the regularly elected judges are not
available to sit or need assistance because of the case load.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 75.102. APPOINTMENT. (a) The presiding judge of the
First Administrative Judicial Region shall appoint senior district
court judges under this subchapter.
(b) An appointment made under this subchapter is subject to
senate confirmation.
(c) The presiding judge may appoint a judge as a senior
criminal district court judge, a senior civil district court judge,
or a senior family court judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 2, § 8.44(16), eff. Aug. 28, 1989.
§ 75.103. LISTS OF APPOINTED SENIOR JUDGES. The
presiding judge of the First Administrative Judicial Region shall
establish and maintain:
(1) a list of retired and former judges of district
courts appointed to serve as senior criminal district court judges
in Dallas County;
(2) a list of retired and former judges of district
courts appointed to serve as senior civil court judges in Dallas
County; and
(3) a list of retired and former judges appointed to
serve as family court judges in Dallas County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 2, § 8.44(17), eff. Aug. 28, 1989.
§ 75.104. QUALIFICATIONS. A senior judge must:
(1) have served as the judge of a district court for 12
years, regardless of whether or not the service was consecutive,
exercising primarily criminal, civil, or family court
jurisdiction;
(2) have developed an expertise in criminal law, civil
law, or family law;
(3) not have been removed from office by impeachment,
the supreme court, or the governor on address by the legislature;
(4) not have been removed from office or involuntarily
retired by the State Commission on Judicial Conduct or the supreme
court;
(5) certify under oath to the presiding judge, on a
form prescribed by the state board of regional judges, 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 and before the final
disposition of the proceedings;
(6) certify a willingness to serve; and
(7) be 65 years of age or younger.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.94(a), eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 646, § 21, eff. Aug. 28, 1989.
§ 75.105. AREAS OF EXPERTISE. (a) Except as provided
by Subsection (b), a judge may only be appointed to the list
applicable to his area of previous expertise.
(b) On request, an applicant may be appointed to one or more
lists if the applicant meets the requirements established for each
area of expertise.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 75.106. JUDGES NOT LIMITED TO CERTAIN CASES. This
subchapter does not limit a senior criminal district court judge to
sitting only in criminal cases, a senior civil district court judge
to sitting only in civil cases, or a senior family court judge to
sitting only in cases involving family law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 75.107. PRACTICE PROHIBITED. (a) A senior district
court judge who is not a retiree of the Judicial Retirement System
of Texas Plan One or the Judicial Retirement System of Texas Plan
Two and who is appointed under this subchapter may not, during the
term of appointment, appear and plead as an attorney in any court in
this state.
(b) When a person who is a retiree of the Judicial
Retirement System of Texas Plan One or the Judicial Retirement
System of Texas Plan Two is appointed under this subchapter, the
person becomes ineligible to appear and plead as an attorney in any
court in this state. On confirmation of a retiree's appointment
under this subchapter, the restriction on the retiree's practice of
law becomes permanent. If a retiree's appointment is not
confirmed, the restriction ends.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 295(a), eff. Sept. 1, 1987.
§ 75.108. REAPPOINTMENT OF SENIOR JUDGES. A senior
district court judge is subject every four years to reappointment
by the presiding judge of the First Administrative Judicial Region
and to confirmation by the senate.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 2, § 8.44(18), eff. Aug. 28, 1989.
§ 75.109. COMPENSATION OF SENIOR JUDGES. (a) The
compensation, salary, and expenses of a senior district court judge
shall be paid in accordance with the laws of this state out of funds
appropriated from the general revenue fund of Dallas County.
Except as provided by Subsection (b), the compensation, salary, and
expenses of a senior district court judge shall be in an amount
equal to the highest compensation, salary, and expenses paid to any
regular district court judge in the state, whether paid from county
or state funds, or both, but funds paid from the general revenue
fund of the county must have commissioners court approval.
(b) A senior district court judge appointed under this
subchapter who is a retiree of the Judicial Retirement System of
Texas Plan One, the Judicial Retirement System of Texas Plan Two, or
the Texas County and District Retirement System is entitled to
compensation, salary, and expenses from the general revenue fund of
Dallas County in an amount equal to the amount computed under
Subsection (a) less the amount of any annuity the judge receives
during the same period from either or both of the retirement
systems.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.96(a), eff. Sept. 1, 1987.
§ 75.110. APPOINTMENT OF SENIOR JUDGES. (a) The
presiding judge of the First Administrative Judicial Region shall
assign judges under this subchapter.
(b) A senior district court judge assigned under this
subchapter shall serve in the district court to which he is assigned
unless, for good cause presented in writing by the assigned judge to
the presiding judge of the administrative judicial region, the
senior district court judge is relieved of the assignment by the
presiding judge.
(c) Nothing in this subchapter prevents assignment of a
senior district court judge to a county other than Dallas County if
the other county reimburses Dallas County for the compensation,
salary, and expenses of the senior district court judge during the
assignment.
(d) A senior district court judge is entitled, during a
period of assignment, to all per diem allowances paid by the state
to judges sitting outside the county of their residence.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 2, § 8.44(19), eff. Aug. 28, 1989.
§ 75.111. ASSIGNMENT OF OTHER JUDGES. This subchapter
does not prevent the assignment of a judge other than a senior
district court judge in an instance in which no senior district
court judge is available to sit.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 75.112. RETIREMENT BENEFITS; MEMBERSHIP. (a) A
senior district court judge appointed under this subchapter who is
a retiree of the Judicial Retirement System of Texas Plan One, the
Judicial Retirement System of Texas Plan Two, or the Texas County
and District Retirement System is entitled to receive retirement
benefits otherwise payable during the period an appointment is in
effect but may not resume membership or receive credit in any of
those retirement systems from which the judge has retired.
(b) A senior district court judge appointed under this
subchapter who is not a retiree of the Judicial Retirement System of
Texas Plan One or the Judicial Retirement System of Texas Plan Two
retains or resumes membership in the appropriate retirement system
and accrues service credit in that retirement system for each month
the appointment is in effect.
(c) A senior district court judge appointed under this
subchapter who is not a retiree of the Texas County and District
Retirement System is subject to the conditions for membership in
that retirement system during the period the appointment is in
effect that are provided by Sections 842.201, 842.202, and 842.203.
If a senior district court judge begins, retains, or resumes
membership in the Texas County and District Retirement System, the
judge accrues service credit in that retirement system for each
month of membership in which the appointment is in effect.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.97(a), eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 179, § 2(f), eff. Sept. 1, 1989.
§ 75.113. PAYMENT OF CONTRIBUTIONS BY DALLAS
COUNTY. (a) Not later than the 15th of each month, the custodian
of county funds of Dallas County shall pay or cause to be paid to the
Judicial Retirement System of Texas Plan One and the Judicial
Retirement System of Texas Plan Two at each respective system's
office:
(1) a contribution deducted from the compensation of
each senior district court judge at the rate required of other
members of the appropriate system for current service and based on
the state salary paid to elected district judges during that
period; and
(2) a contribution from the county general revenue
fund for each senior district court judge at the effective rate of
state contributions to the appropriate system, determined,
respectively, by the Judicial Retirement System of Texas Plan One
and the Judicial Retirement System of Texas Plan Two as a monthly
percentage of the salary that would be paid by the state if the
judge were an elected district judge that is based on the ratio of
legislative appropriations to finance benefits payable from the
appropriate system to the state salaries payable to contributing
members of the system for the period.
(b) The custodian of county funds of Dallas County shall pay
or cause to be paid to the Texas County and District Retirement
System member and subdivision contributions based on the portion of
compensation paid by the county under this subchapter that exceeds
the amount computed under Subsection (a)(1) for each senior
district court judge who is a contributing member of the retirement
system during the most recent payroll period. The contributions
shall be paid in the manner provided by Sections 845.403 and
845.404.
(c) Retirement system contributions paid as provided by
this section shall be deposited by the respective retirement
systems in the funds of each retirement system in which similar
contributions are deposited for other members of the retirement
system.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.97(b), eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 179, § 2(g), eff. Sept. 1, 1989.
§ 75.114. EXPENSES. When a senior district court judge
is assigned under this subchapter to a court located in a county
other than the county in which the assigned judge resides, the judge
shall, in addition to all other compensation permitted or
authorized by law, receive the actual expenses incurred in going to
and returning from the assignment and the actual living expenses
incurred while in the performance of his duties under assignment.
The expenses shall be paid out of the general revenue fund of the
county in which the senior district court judge actually sat.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 75.115. CONTINUING JUDICIAL EDUCATION. A senior
district court judge must be able to demonstrate yearly that the
judge participated in the preceding 12 months in at least the number
of hours of instruction in continuing judicial education required
by the Rules of Judicial Education adopted by the supreme court for
active appellate, district, and statutory county court judges.
Failure to meet this criterion is grounds for denying reappointment
as a senior district court judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 646, § 21, eff. Aug. 28, 1989.
§ 75.116. ASSIGNMENT UNDER OTHER STATUTE. Except as
provided by Section 75.111, this subchapter does not prohibit
assignment of a retired or former judge as a visiting judge under
any other statute.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER D. ASSIGNMENT CLERKS
§ 75.201. ASSIGNMENT CLERKS IN DALLAS AND TARRANT
COUNTIES. (a) In Dallas County and Tarrant County, a majority of
the district judges with civil jurisdiction may appoint an
assignment clerk to serve under the judges of the district courts of
each county in the setting and disposing of cases on the general
jury docket.
(b) The commissioners court of each county shall set the
salary of the assignment clerk on recommendation of the district
judges. The salary shall be paid in monthly installments on
vouchers approved by the presiding judge of the district courts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 75.202. ASSIGNMENT CLERKS IN NUECES COUNTY. (a) A
majority of the district judges in Nueces County may appoint an
assignment clerk to serve under the presiding judge of the district
courts in the setting and disposing of cases on the general docket.
The assignment clerk shall perform the duties that are assigned to
him by the district judges in connection with the setting and
disposing of cases.
(b) The commissioners court shall set the salary of the
assignment clerk and provide for the payment of the salary out of
the general fund or the jury fund of the county. The salary shall be
paid in monthly installments on vouchers approved by the presiding
judge of the district courts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 75.203. ASSIGNMENT CLERKS IN BEXAR COUNTY. (a) A
majority of the judges of district courts having jurisdiction in
Bexar County may appoint an assignment clerk to serve under the
presiding judge of the district courts in the coordination,
setting, and disposing of cases on the general docket. The
assignment clerk shall perform the duties that are assigned to him
by the district judges in connection with the coordination,
setting, and disposing of cases.
(b) The district judges shall determine reasonable
compensation for the assignment clerk, which may not exceed an
amount equal to 70 percent of the salary paid by the state to each
district judge. The commissioners court shall provide for the
payment of the salary of the assignment clerk out of the general
fund or the jury fund of the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 75.204. TERM. An assignment clerk authorized by this
subchapter is appointed for a term of two years but is subject to
dismissal by a majority of the district judges for inefficiency or
misconduct.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER F. ADMINISTRATION OF CERTAIN COURTS
§ 75.401. COURT ADMINISTRATOR SYSTEM FOR COUNTY COURTS
IN CERTAIN COUNTIES. (a) In a county that has more than one
county criminal court or more than one county court at law having
both criminal and civil jurisdiction, those courts may establish
and maintain, on approval of the commissioners court, a court
administrator system.
(b) The judges of the county criminal courts or the county
courts at law having both criminal and civil jurisdiction shall by
rule designate the duties of the court administrator. The court
administrator shall cooperate with the administrative judges and
state agencies having duties relating to the operation of the
courts to promote uniform and efficient administration of justice.
(c) The court administrator is appointed by the judges of
the county criminal courts or the county courts at law having both
criminal and civil jurisdiction and serves at the pleasure of the
judges.
(d) A court administrator is entitled to reasonable
compensation as set by the commissioners court in an amount not to
exceed 70 percent of the salary paid by the county to the judges.
(e) The judges shall appoint appropriate staff and support
personnel according to the needs of the local jurisdiction.
(f) On order and directive of the judges, the commissioners
court shall fund the court administrator system from fines
collected by the courts served by the court administrator. If the
fines collected are insufficient to provide the total funding for
the program, the county shall provide the additional funds needed.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 75.402. COURT MANAGER AND COORDINATOR SYSTEM FOR
CERTAIN HARRIS COUNTY COURTS. (a) The courts in Harris County
that have the same criminal jurisdiction as county courts with
criminal jurisdiction may establish and maintain a court manager
and coordinator system.
(b) The judges of the courts to which this section applies
may appoint a court manager, one or more court coordinators, and
other staff as appropriate to the needs of the local jurisdiction.
The judges shall by rule designate the qualifications and duties of
the court manager and the coordinators to improve criminal justice
and expedite the processing of criminal cases through the county
courts. The court manager and the coordinators shall cooperate
with state agencies having duties relating to the operation of the
courts to promote uniform and efficient justice.
(c) The court manager and the coordinators serve at the
pleasure of the judges.
(d) A court manager and coordinators are entitled to
reasonable compensation as set by the judges of the courts served.
The amount paid the court manager may not exceed 60 percent of the
salary paid the judges unless the commissioners court by order sets
the court manager's compensation at a greater amount. The amount
paid the coordinators may not exceed 50 percent of the salary paid
the judges.
(e) On the judges' orders, the commissioners court shall
fund the court manager and coordinator system from fines collected
by the courts served by the court manager and coordinators. If the
fines collected are insufficient to provide the total funding for
the program, the county shall provide the additional funds needed.
(f) This section does not diminish the statutory duties and
powers of the sheriff, district attorney, clerk of the court, or any
court officer.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 75.403. PRESIDING JUDGE FOR CERTAIN HARRIS COUNTY
COURTS. (a) The judges of the courts in Harris County that have
the same criminal jurisdiction as county courts with criminal
jurisdiction may select from among themselves a presiding judge.
(b) The presiding judge shall be selected during the month
preceding the term the judge is to serve by a vote of two-thirds of
the judges. The presiding judge serves a term of six months unless
by a vote of two-thirds of the judges the selection is canceled and
another judge is selected to serve the unexpired term. Each judge
shall enter on the minutes of the court an order reciting the
selection of the presiding judge.
(c) A co-presiding judge may be selected in the same manner
as the presiding judge. The co-presiding judge serves when the
presiding judge is absent or disabled for any reason and has the
same duties as the presiding judge.
(d) The presiding judge shall:
(1) preside at any session of the judges;
(2) hold ex officio membership on all committees
created by the judges in session that pertain to the goal of
achieving more equal and efficient justice and the orderly dispatch
of business; and
(3) serve as chief administrator of the offices of
county court manager and county court coordinators, and of pretrial
release services and all other court-related ministerial services
in misdemeanor cases as required by the judges having jurisdiction
over those cases.
(e) If a judge is absent or for any reason unable to preside,
the presiding judge may appoint a special judge to serve as
presiding judge. The qualifications, duties, and powers of a
special judge are the same as for the regular judge. The provisions
of Articles 30.04, 30.05, and 30.06, Code of Criminal Procedure,
1965, relating to the oath, compensation, and record of appointment
of certain special judges apply to the appointment of a special
judge under this subsection.
(f) The judges may adopt rules consistent with the Code of
Criminal Procedure, 1965, and the Texas Rules of Civil Procedure
for practice and procedure in the courts. A rule may be adopted by a
two-thirds vote of the judges, and on adoption shall be entered
verbatim in the minutes of each court. The clerk of the court shall
supply copies of the rules to any interested person.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 163, § 2, eff. Aug. 31, 1987.
§ 75.404. PRESIDING JUDGE FOR HARRIS COUNTY JUSTICE
COURTS. (a) The justices of the peace in Harris County may select
from among themselves a presiding judge.
(b) The presiding judge shall be selected during the month
preceding the term the judge is to serve by a two-thirds vote of the
judges. The presiding judge serves a term of one year unless by a
vote of two-thirds of the judges the selection is canceled and
another judge is selected to serve the unexpired term. Each judge
shall enter on the minutes of the court an order reciting the
selection of the presiding judge.
(c) A copresiding judge may be selected in the same manner
as the presiding judge. The copresiding judge serves when the
presiding judge is absent or disabled for any reason and has the
same duties as the presiding judge.
(d) The presiding judge shall:
(1) preside at any session of the judges;
(2) keep a record of the decisions of the judges;
(3) appoint special or standing committees necessary
for court management and administration;
(4) implement local rules, including assignment,
docketing, transfer, and hearings of cases; and
(5) provide statistical and management information
requested by the supreme court or the Office of Court
Administration of the Texas Judicial System.
(e) If a justice of the peace in Harris County is absent or
for any reason unable to preside, the presiding judge may appoint,
in addition to a qualified person authorized by law, a former
justice of the peace or a former county court, statutory county
court, or district court judge who served as a judge in this state
and who consents to the appointment as a special judge to preside
for the justice of the peace. The presiding judge may designate the
duration of the appointment, not to exceed 60 days, and may revoke
an appointment at any time. The duties and powers of a special
judge are the same as for the regular justice of the peace.
(f) The commissioners court may compensate the special
judge.
(g) The justices of the peace in Harris County may adopt
local rules:
(1) that are consistent with Chapter 45, Code of
Criminal Procedure, and Part V, Texas Rules of Civil Procedure, for
practice and procedure in the justice courts of Harris County; and
(2) for practice and procedure in the small claims
courts of Harris County.
(h) A local rule may be adopted by two-thirds vote of the
justices of the peace.
(i) A local rule may provide for assigning, docketing,
transferring, or hearing of a case.
(j) Notwithstanding other provisions of law regarding
venue:
(1) a misdemeanor case to be tried in a justice court
of Harris County may be prosecuted, according to a local rule, in
any precinct in the county designated by the local rule; and
(2) a civil case, except a suit for forcible entry and
detainer or involving real property, may be brought, according to
local rule, in any precinct in the county designated by the local
rule.
(k) Each justice of the peace shall enter the local rules on
the minutes of the court. On request, a justice of the peace shall
provide a copy of the local rules to any interested person.
Added by Acts 1987, 70th Leg., ch. 163, § 3, eff. Aug. 31, 1987.
Amended by Acts 1995, 74th Leg., ch. 216, § 1, eff. May 23, 1995;
Acts 1997, 75th Leg., ch. 661, § 1, eff. Sept. 1, 1997; Acts
2001, 77th Leg., ch. 583, § 1, eff. Sept. 1, 2001.
SUBCHAPTER G. COURT ADMINISTRATOR IN JEFFERSON COUNTY
§ 75.501. APPLICATION. This Act applies to the district
courts and to the county courts at law that give preference to
criminal cases in Jefferson County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 75.502. ESTABLISHMENT OF SYSTEM. The courts may
establish a court administrator system to improve criminal justice
and to expedite the processing of criminal cases.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 75.503. APPOINTMENT AND DUTIES OF COURT
ADMINISTRATOR. (a) The court administrator is appointed by and
serves at the pleasure of the judges of the courts subject to this
subchapter.
(b) The courts shall designate by rule the duties of the
court administrator.
(c) To promote uniform and efficient administration of
justice, the court administrator shall cooperate with
administrative judges and state agencies with duties relating to
the operation of the courts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 75.504. STAFF. (a) The courts may appoint the
necessary staff and support personnel for the administrator.
(b) As part of the staff, the courts may appoint witness
coordinators who, in addition to other duties designated by the
court administrator, shall execute criminal process.
(c) On appointment, the courts shall commission each
witness coordinator as a peace officer.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 75.505. COMPENSATION AND FACILITIES. The court
administrator and the staff are entitled to reasonable
compensation, facilities, and equipment as determined by the
commissioners court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER H. COURT ADMINISTRATOR IN FORT BEND COUNTY
§ 75.521. APPLICATION. This subchapter applies to the
district courts and county courts at law in Fort Bend County.
Added by Acts 1993, 73rd Leg., ch. 654, § 1, eff. June 12, 1993.
§ 75.522. ESTABLISHMENT OF SYSTEM. The courts may
establish a court administrator system to improve the
administration of justice and to expedite the processing of civil
and criminal cases.
Added by Acts 1993, 73rd Leg., ch. 654, § 1, eff. June 12, 1993.
§ 75.523. APPOINTMENT AND DUTIES OF COURT
ADMINISTRATOR. (a) The court administrator is appointed by and
serves at the pleasure of the judges of the courts subject to this
subchapter.
(b) The courts shall designate by rule the duties of the
court administrator.
(c) To promote uniform and efficient administration of
justice, the court administrator shall cooperate with
administrative judges and state agencies with duties relating to
the operation of the courts.
Added by Acts 1993, 73rd Leg., ch. 654, § 1, eff. June 12, 1993.
§ 75.524. COMPENSATION AND FACILITIES. A court
administrator is entitled to reasonable compensation, facilities,
and equipment as determined by the judges of the courts served, with
the approval of the commissioners court. The commissioners court
shall fund the court administrator system from general funds of the
county.
Added by Acts 1993, 73rd Leg., ch. 654, § 1, eff. June 12, 1993.
§ 75.525. STAFF. The judges of the courts served by the
court administrator may appoint the necessary staff and support
personnel for the court administrator.
Added by Acts 1993, 73rd Leg., ch. 654, § 1, eff. June 12, 1993.
SUBCHAPTER I. GENERAL PROVISIONS
§ 75.551. OBJECTION TO JUDGE OR JUSTICE ASSIGNED TO AN
APPELLATE COURT. (a) When a judge or justice is assigned to an
appellate court under this chapter or Chapter 74:
(1) the order of assignment must state whether the
judge or justice is an active, former, retired, or senior judge or
justice; and
(2) the person who assigns the judge or justice shall,
if it is reasonable and practicable and if time permits, give notice
of the assignment to each attorney representing a party to the case
that is to be heard in whole or part by the assigned judge or
justice.
(b) A judge or justice assigned to an appellate court may
not hear a civil case if a party to the case files a timely objection
to the assignment of the judge or justice. Except as provided by
Subsection (d), each party to the case is entitled to only one
objection under this section for that case in the appellate court.
(c) An objection under this section must be filed not later
than the seventh day after the date the party receives actual notice
of the assignment or before the date the case is submitted to the
court, whichever date occurs earlier. The court may extend the time
to file an objection under this section on a showing of good cause.
(d) A judge or justice who 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 may not sit in
an appellate case if either party objects to the judge or justice.
(e) An active judge or justice assigned under this chapter
is not subject to an objection.
(f) For purposes of this section, notice of an assignment
may be given and an objection to an assignment may be filed by
electronic mail.
(g) In this section, "party" includes multiple parties
aligned in a case as determined by the appellate court.
Added by Acts 1997, 75th Leg., ch. 1064, § 2, eff. Sept. 1, 1997.
Amended by Acts 2003, 78th Leg., ch. 315, § 14, eff. Sept. 1,
2003.
