CHAPTER 72. OFFICE OF COURT ADMINISTRATION

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Texas > Government-code > Title-2-judicial-branch > Chapter-72-office-of-court-administration

GOVERNMENT CODE

TITLE 2. JUDICIAL BRANCH

SUBTITLE F. COURT ADMINISTRATION

CHAPTER 72. OFFICE OF COURT ADMINISTRATION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 72.001. DEFINITIONS. In this chapter:

(1) "Court" means any tribunal forming a part of the judiciary.

(2) "Director" means the administrative director of the courts

appointed as provided by this chapter.

(3) "Office" means the Office of Court Administration of the

Texas Judicial System.

(4) "Trial court" means any tribunal forming a part of the

judiciary, except the supreme court, the court of criminal

appeals, and the courts of appeals, but does not include the

commissioners court of a county.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.83(a), eff.

Sept. 1, 1987.

Sec. 72.002. EFFECT ON JUDICIAL DISCRETION. This chapter or a

rule adopted by the supreme court under Section 74.024 does not

authorize an infringement of the judicial discretion of a judge

in the trying of a case properly before his court.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.84(a), eff.

Sept. 1, 1987; Acts 1989, 71st Leg., ch. 646, Sec. 5, eff. Aug.

28, 1989.

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS

Sec. 72.011. OFFICE OF COURT ADMINISTRATION. (a) The office of

court administration is an agency of the state and operates under

the direction and supervision of the supreme court and the chief

justice of the supreme court.

(b) The office shall exercise the powers and perform the duties

or functions imposed on the office by this chapter or the supreme

court.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.85(a), eff.

Sept. 1, 1987.

Sec. 72.012. DIRECTOR. (a) The director shall:

(1) implement this chapter and direct the operations of the

office of court administration; and

(2) as an additional duty of his office, serve as the executive

director of the Texas Judicial Council.

(b) The director shall devote full time to his official duties.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.86(a), eff.

Sept. 1, 1987.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 72.021. BUDGET; EXPENDITURES. (a) The director shall

prepare and submit an estimated budget for the appropriation of

funds necessary for the maintenance and operation of the judicial

system.

(b) The director shall study and recommend expenditures and

savings of funds appropriated for the maintenance and operation

of the judicial system.

governmental entity in the judicial branch of local or state

government to fund programs that:

(1) are approved by the Judicial Committee on Information

Technology under Chapter 77; and

(2) provide technological support for the judiciary.

(d) At the end of each fiscal year, the office shall file with

the Legislative Budget Board a report on the amount, recipient,

and purpose for each grant awarded under Subsection (c). All

money expended under a grant awarded under Subsection (c) is

subject to audit by the comptroller and the state auditor.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.87(a), eff.

Sept. 1, 1987.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

73, Sec. 1, eff. September 1, 2007.

Sec. 72.022. PERSONNEL. (a) The director, with the approval of

the chief justice of the supreme court, shall employ the

personnel needed to administer the office, including personnel

needed for the Texas Judicial Council.

(b) The office shall provide staff functions necessary for the

efficient operation of the Texas Judicial Council.

appoint clerical personnel.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 72.023. CONSULTATION AND ASSISTANCE. (a) The director

shall assist the justices and judges in discharging their

administrative duties.

(b) The director shall consult with the regional presiding

judges and local administrative judges and assist them in

discharging duties imposed by law or by a rule adopted by the

supreme court.

justice, shall consult with and assist:

(1) court clerks;

(2) other court officers or employees; and

(3) clerks or other officers or employees of offices related to

and serving a court.

(d) The director, to provide for uniform administration of the

courts and efficient administration of justice, shall consult

with and make recommendations to administrators and coordinators

of the courts.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.88(a), eff.

Sept. 1, 1987.

Sec. 72.024. METHODS; RECOMMENDATIONS. (a) The director shall

examine the judicial dockets, practices, and procedures of the

courts and the administrative and business methods or systems

used in the office of a clerk of a court or in an office related

to and serving a court.

(b) The director shall recommend:

(1) a necessary improvement to a method or system;

(2) a form or other document used to record judicial business;

(3) any other change that will promote the efficient

administration of justice.

appropriate means to implement this chapter.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.89(a), eff.

Sept. 1, 1987.

Sec. 72.025. ANNUAL REPORT. (a) The director shall prepare an

annual report of the activities of the office.

(b) The report must be published in the annual report of the

Texas Judicial Council.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 72.026. RULES. The director, under the supervision of the

chief justice, shall implement a rule of administration or other

rules adopted by the supreme court for the efficient

administration of justice.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.90(a), eff.

Sept. 1, 1987.

Sec. 72.027. ADDITIONAL DUTIES. The supreme court or the chief

justice of the supreme court may assign the director duties in

addition to those imposed by this chapter.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.91(a), eff.

Sept. 1, 1987.

Sec. 72.028. GIFTS, GRANTS, AND DONATIONS. (a) Except as

provided by Subsection (b), the office may request, accept, and

administer gifts, grants, and donations from any source to carry

out the purposes of this chapter.

(b) The office may not request, accept, or administer a gift,

grant, or donation from a law firm, an attorney, an employee of a

law firm or attorney, or the spouse of an attorney or of an

employee of a law firm or an attorney.

liability partnership, or professional corporation organized for

the private practice of law.

Added by Acts 1997, 75th Leg., ch. 183, Sec. 1, eff. Sept. 1,

1997.

Sec. 72.030. COLLECTION OF DATA RELATING TO JUDICIAL TURNOVER.

(a) The office biennially shall collect data relating to:

(1) the rate at which state judges resign from office or do not

seek reelection; and

(2) the reason for action under Subdivision (1).

(b) Not later than December 1 of each even-numbered year, the

office shall file a report containing the data collected under

Subsection (a) for the preceding state fiscal biennium with the

governor, the lieutenant governor, the speaker of the house of

representatives, and the presiding officers of the standing

committees of each house of the legislature with jurisdiction

over the judiciary or appropriations.

following findings:

(1) whether the compensation of state judges exceeds, is equal

to, or is less than the compensation of judges at corresponding

levels in the five states closest in population to this state;

and

(2) whether the compensation of state judges exceeds, is equal

to, or is less than the average salary of lawyers engaged in the

private practice of law.

(d) The purpose of filing the report with the legislature is to

provide the legislature with information to facilitate

legislation that ensures that the compensation of state judges is

adequate and appropriate.

Added by Acts 2005, 79th Leg., 2nd C.S., Ch.

3, Sec. 8, eff. December 1, 2005.

SUBCHAPTER D. JUDICIAL LAW CLERK AND STAFF ATTORNEY RECRUITMENT

Sec. 72.041. DIVERSITY. The judges of the supreme court, court

of criminal appeals, and courts of appeals shall encourage the

recruitment of judicial law clerks and staff attorneys that

reflect the gender, racial, and ethnic diversity of this state.

Added by Acts 1997, 75th Leg., ch. 1327, Sec. 2, eff. Sept. 1,

1997.

Sec. 72.042. DEMOGRAPHIC CENSUS. (a) The office shall annually

publish a report regarding the demographic profile of the

judicial law clerks and attorneys employed by the courts of this

state.

(b) The office may request that a court provide demographic

information to the office.

Added by Acts 1997, 75th Leg., ch. 1327, Sec. 2, eff. Sept. 1,

1997.

SUBCHAPTER E. COURT PERFORMANCE STANDARDS

Sec. 72.081. RULES. The office shall adopt rules and forms for

administering this subchapter and for obtaining information under

this subchapter.

Added by Acts 1997, 75th Leg., ch. 1327, Sec. 3, eff. Sept. 1,

1997.

Sec. 72.082. PERFORMANCE REPORT. The office shall annually

collect and publish a performance report of information regarding

the efficiency of the courts of this state.

Added by Acts 1997, 75th Leg., ch. 1327, Sec. 3, eff. Sept. 1,

1997.

Sec. 72.083. TRIAL COURTS. The office shall report the

aggregate clearance rate of cases for the district courts. In

this section, "clearance rate" means the number of cases disposed

of by the district courts divided by the number of cases added to

the dockets of the district courts.

Added by Acts 1997, 75th Leg., ch. 1327, Sec. 3, eff. Sept. 1,

1997.

Sec. 72.084. COURT OF APPEALS. A court of appeals shall

annually report to the office:

(1) the number of cases filed with the court during the

reporting year;

(2) the number of cases disposed of by the court during the

reporting year;

(3) for active cases on the docket of the court on the reporting

date, the average number of days from the date of submission of

the case to the court until the reporting date; and

(4) for each case disposed of during the reporting year by the

court, the number of days from the date of submission of the case

to the court until the date of disposition of the case by the

court.

Added by Acts 1997, 75th Leg., ch. 1327, Sec. 3, eff. Sept. 1,

1997.

Sec. 72.085. COURT OF CRIMINAL APPEALS. The court of criminal

appeals shall annually report to the office:

(1) the number of cases filed with the court during the

reporting year involving:

(A) capital punishment;

(B) an application for writ of habeas corpus; or

(2) the number of cases disposed of by the court during the

reporting year involving:

(A) capital punishment;

(B) an application for writ of habeas corpus; or

(3) the average number of days from the date a case was filed

with the court until the reporting date, for each active case on

the docket of the court on the reporting date involving:

(A) capital punishment;

(B) an application for writ of habeas corpus; or

(4) the average number of days from the date a case was filed

with the court until the date the case was disposed of by the

court, for each case disposed of during the reporting year by the

court involving:

(A) capital punishment;

(B) an application for writ of habeas corpus; or

Added by Acts 1997, 75th Leg., ch. 1327, Sec. 3, eff. Sept. 1,

1997.

Sec. 72.086. SUPREME COURT. (a) The supreme court shall

annually report to the office:

(1) the number of cases filed with the court during the

reporting year;

(2) the number of cases disposed of by the court during the

reporting year;

(3) for the active cases on the docket of the court on the

reporting date, the average number of days from the date a case

was filed with the court until the reporting date; and

(4) for the cases disposed of during the reporting year by the

court, the average number of days from the date a case was filed

with the court until the date of release of the court's opinion

for the case or the date the case was otherwise disposed of by

the court.

(b) For cases on the docket of the court during the reporting

year, the supreme court shall annually report to the office:

(1) the average number of days from the date a case is filed

with the court until the date the court releases an order

announcing its decision granting, overruling, denying, or

dismissing an application, petition, or motion;

(2) the average number of days from the date of the granting of

an application, petition, or motion until the date of oral

argument of the case;

(3) the average number of days from the date of the oral

argument of the case until the date the court issues a signed

opinion and judgment for the case; and

(4) the average number of days from the date of filing of a case

with the court until the date of the release of a per curiam

opinion.

Added by Acts 1997, 75th Leg., ch. 1327, Sec. 3, eff. Sept. 1,

1997.

Sec. 72.087. CAPITAL TRIALS. (a) The office shall annually

collect and publish a report of information regarding cases

involving the trial of a capital offense.

(b) The report must include:

(1) the contents of the trial court's charge to the jury; and

(2) the sentence issued in each case.

conviction or acquittal is entered in a case involving the trial

of a capital offense, the judge or clerk of the court shall

submit to the office a written record of the case containing the

information required by Subsection (b).

Added by Acts 2007, 80th Leg., R.S., Ch.

390, Sec. 1, eff. September 1, 2007.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!