CHAPTER 75. OTHER COURT ADMINISTRATION
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE F. COURT ADMINISTRATION
CHAPTER 75. OTHER COURT ADMINISTRATION
SUBCHAPTER A. ASSIGNMENT OF FORMER JUDGES AND RETIRED JUDGES WHO
ELECT TO BE JUDICIAL OFFICERS
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.41(a), eff. Aug.
28, 1989; Acts 1989, 71st Leg., ch. 179, Sec. 2(e), eff. Sept. 1,
1989; Acts 1989, 71st Leg., ch. 646, Sec. 18, eff. Aug. 28, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.44(15), eff. Aug.
28, 1989; Acts 1989, 71st Leg., ch. 646, Sec. 18, eff. Aug. 28,
1989.
Sec. 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, Sec. 19, eff. Aug. 28,
1989.
SUBCHAPTER B. ADMINISTRATION BY JUDGES IN COUNTY
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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.
(h) A district judge in El Paso County or a judge of a statutory
county court in El Paso County may serve as the local
administrative judge for the council of judges. The council of
judges shall elect a judge as local administrative judge for a
term of not more than two years. The local administrative judge
may not be elected on the basis of rotation or seniority.
Added by Acts 1989, 71st Leg., ch. 1074, Sec. 7, eff. Sept. 1,
1989. Amended by Acts 1997, 75th Leg., ch. 20, Sec. 2, eff. Sept.
1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
1352, Sec. 17, eff. September 1, 2005.
Sec. 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, Sec. 7, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 512, Sec. 3, eff. June
13, 1991.
Sec. 75.016. PRESIDING CRIMINAL JUDGE OF TRAVIS COUNTY. (a)
The judges of the Travis County district courts that give
preference to criminal cases shall elect from among those judges
a presiding criminal judge for the county for a two-year term
expiring September 30 of each odd-numbered year.
(b) The presiding criminal judge, with respect to the Travis
County district courts that give preference to criminal cases,
shall:
(1) preside at all meetings of the criminal judges, except when
absent, in which case any other of those judges may preside;
(2) implement and execute the local district court rules of
administration for those courts, including assigning all capital
murder cases to the proper court on a rotating basis;
(3) appoint any special or standing committees necessary or
desirable for the administration of those courts;
(4) address administrative issues on an emergency basis for the
criminal courts, provided that the presiding criminal judge's
decisions regarding those issues may be reviewed at the next
meeting of the judges of those courts;
(5) supervise the budget and fiscal matters of the criminal
courts;
(6) monitor and serve as liaison regarding any legislation
amending the Penal Code or Code of Criminal Procedure and any
other legislation affecting the business of those courts; and
(7) serve as a liaison to the commissioners court of the county
and appear before the commissioners court as necessary.
(c) The Commissioners Court of Travis County may set additional
compensation to be paid to the presiding criminal judge by the
county in any amount that does not exceed the amount the local
administrative district judge of Travis County receives from this
state. Notwithstanding any other law, compensation paid the
presiding criminal judge under this subsection is not included as
part of the judge's combined salary from state and county sources
for purposes of the salary limitations provided by Section
659.012.
Added by Acts 2009, 81st Leg., R.S., Ch.
959, Sec. 3, eff. September 1, 2009.
SUBCHAPTER C. SENIOR DISTRICT JUDGES FOR THE FIRST ADMINISTRATIVE
JUDICIAL REGION
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.44(16), eff. Aug.
28, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.44(17), eff. Aug.
28, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.94(a), eff.
Sept. 1, 1987; Acts 1989, 71st Leg., ch. 646, Sec. 21, eff. Aug.
28, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 295(a), eff. Sept.
1, 1987.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.44(18), eff. Aug.
28, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.96(a), eff.
Sept. 1, 1987.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.44(19), eff. Aug.
28, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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 Section 842.107. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.97(a), eff.
Sept. 1, 1987; Acts 1989, 71st Leg., ch. 179, Sec. 2(f), eff.
Sept. 1, 1989.
Amended by:
Acts 2005, 79th Leg., Ch.
506, Sec. 1, eff. January 1, 2006.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.97(b), eff.
Sept. 1, 1987; Acts 1989, 71st Leg., ch. 179, Sec. 2(g), eff.
Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 646, Sec. 21, eff. Aug. 28,
1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
SUBCHAPTER D. ASSIGNMENT CLERKS
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
SUBCHAPTER F. ADMINISTRATION OF CERTAIN COURTS
Sec. 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.
(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, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
653, Sec. 1, eff. September 1, 2009.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 163, Sec. 2, eff. Aug. 31,
1987.
Sec. 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, Sec. 3, eff. Aug. 31,
1987. Amended by Acts 1995, 74th Leg., ch. 216, Sec. 1, eff. May
23, 1995; Acts 1997, 75th Leg., ch. 661, Sec. 1, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 583, Sec. 1, eff. Sept. 1, 2001.
SUBCHAPTER G. COURT ADMINISTRATOR IN JEFFERSON COUNTY
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
SUBCHAPTER H. COURT ADMINISTRATOR IN FORT BEND COUNTY
Sec. 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, Sec. 1, eff. June 12,
1993.
Sec. 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, Sec. 1, eff. June 12,
1993.
Sec. 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, Sec. 1, eff. June 12,
1993.
Sec. 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, Sec. 1, eff. June 12,
1993.
Sec. 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, Sec. 1, eff. June 12,
1993.
SUBCHAPTER I. GENERAL PROVISIONS
Sec. 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, Sec. 2, eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 315, Sec. 14, eff.
Sept. 1, 2003.