HB1181 - Relating to the assignment of certain retired and former justices and judges.

  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.