CHAPTER 75. OTHER COURT ADMINISTRATION

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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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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