88R6369 AMF-F     By: Leach H.B. No. 2384       A BILL TO BE ENTITLED   AN ACT   relating to court administration, including the knowledge,   efficiency, training, and transparency requirements for candidates   for or holders of judicial offices.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 141, Election Code, is   amended by adding Section 141.0311 to read as follows:          Sec. 141.0311.  ADDITIONAL REQUIREMENTS FOR APPLICATION FOR   JUDICIAL OFFICE. (a) This section applies to candidates for the   following judicial offices:                (1)  chief justice or justice of the supreme court;                (2)  presiding judge or judge of the court of criminal   appeals;                (3)  chief justice or justice of a court of appeals;                (4)  district judge, including a criminal district   judge;                (5)  judge of a statutory county court; and                (6)  county judge who performs judicial functions.          (b)  In addition to other requirements under this code, a   candidate's application for a place on the ballot must:                (1)  include the candidate's state bar number for:                      (A)  this state; and                      (B)  any other state in which the candidate has   been licensed to practice law;                (2)  disclose any public:                      (A)  sanction or censure, as those terms are   defined by Section 33.001, Government Code, the State Commission on   Judicial Conduct or a review tribunal has issued against the   candidate;                      (B)  disciplinary sanction the state bar has   imposed on the candidate; and                      (C)  disciplinary sanction an entity in another   state responsible for attorney discipline in that state has issued   against the candidate;                (3)  include statements describing for the preceding   five years:                      (A)  the nature of the candidate's legal practice,   including any area of legal specialization; and                      (B)  the candidate's professional courtroom   experience; and                (4)  disclose any final conviction of a Class A or Class   B misdemeanor in the 10 years preceding the date the person would   assume the judicial office for which the person is filing the   application.          (c)  A candidate for a judicial office described by   Subdivision (a)(1), (2), or (3) who does not hold or has not   previously held a judicial office described by those subdivisions   must, in addition to the other requirements of this section and this   code, include in the application a description of:                (1)  appellate court briefs the candidate has prepared   and filed in the preceding five years; and                (2)  oral arguments the candidate has presented before   any appellate court in the preceding five years.          (d)  Each officially prescribed form for an application   under this section must include a statement informing candidates   that knowingly providing false information on the application, in   addition to other penalties prescribed by law, constitutes   professional misconduct subject to public sanctions or censure by   the State Commission on Judicial Conduct or the state bar, as   applicable.          (e)  The secretary of state shall prescribe the form and   content of the application materials under this section. The   secretary of state may consult with the Office of Court   Administration of the Texas Judicial System, the supreme court, and   the court of criminal appeals when prescribing the form and content   of application materials under this section.          SECTION 2.  Section 33.032, Government Code, is amended by   adding Subsection (i) to read as follows:          (i)  Any sanction the commission issues against a judge for   knowingly making a false declaration on an application for a place   on the ballot as a candidate for a judicial office described by   Section 141.0311, Election Code, any withdrawal of such sanction,   and all records and proceedings related to the sanction are a matter   of public record.          SECTION 3.  Subtitle B, Title 2, Government Code, is amended   by adding Chapter 39 to read as follows:   CHAPTER 39. JUDICIAL EDUCATION REQUIREMENTS          Sec. 39.001.  APPLICABILITY. This chapter applies to a   person elected to or holding any of the following judicial offices:                (1)  chief justice or justice of the supreme court;                (2)  presiding judge or judge of the court of criminal   appeals;                (3)  chief justice or justice of a court of appeals;                (4)  district judge, including a criminal district   judge;                (5)  judge of a statutory county court; and                (6)  county judge who performs judicial functions.          Sec. 39.002.  JUDICIAL INSTRUCTION REQUIREMENTS. (a) The   supreme court, in consultation with the court of criminal appeals,   shall adopt rules on the judicial training a person must complete   not later than the first anniversary of the date the person assumes   a judicial office, subject to Subsection (b). The rules must   require the person to complete at least 30 hours of instruction on:                (1)  the administrative duties of judicial office; and                (2)  substantive, procedural, and evidentiary laws.          (b)  Subsection (a) does not apply to a person who has been   absent from judicial office for less than one year before assuming a   judicial office and who has previously completed the requirements   of Subsection (a).          (c)  A judge must annually complete at least 16 hours of   instruction described by Subsection (a) after the first year of the   judge's term.          Sec. 39.003.  SUSPENSION. The State Commission on Judicial   Conduct shall issue an order suspending any judge who fails to meet   the education requirements under Section 39.002 until the judge   demonstrates compliance with the requirements.          Sec. 39.004.  REMOVAL FROM OFFICE. (a) For purposes of   Section 1-a, Article V, Texas Constitution, a judge who is   noncompliant with the education requirements under Section 39.002   for more than one year has engaged in "wilful or persistent conduct   that is clearly inconsistent with the proper performance of a   judge's duties" sufficient to subject the judge to removal from   office.          (b)  The attorney general shall file a petition under Section   66.002, Civil Practice and Remedies Code, against a judge who is   subject to removal as provided by Subsection (a) if presented with   evidence by the State Commission on Judicial Conduct establishing   probable grounds that the judge engaged in conduct described by   Subsection (a).          SECTION 4.  Section 72.024, Government Code, is amended by   adding Subsection (b-1) to read as follows:          (b-1)  The director shall develop standards for identifying   courts that need additional assistance to promote the efficient   administration of justice.          SECTION 5.  Section 72.082, Government Code, is amended to   read as follows:          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. The report must include   disaggregated performance measures for each appellate court,   district court, statutory county court, and county court.          SECTION 6.  Section 72.083, Government Code, is amended to   read as follows:          Sec. 72.083.  TRIAL COURTS. (a) [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 applicable court [district courts] divided by the number   of cases added to the dockets of each district court, statutory   county court, and county court [the district courts].          (b)  The office shall report the annual clearance rate of   cases for each court in Subsection (a).          SECTION 7.  Section 74.046, Government Code, is amended to   read as follows:          Sec. 74.046.  DUTIES OF PRESIDING JUDGE. (a) A presiding   judge shall:                (1)  ensure the promulgation of regional rules of   administration within policies and guidelines set by the supreme   court;                (2)  advise local judges on case flow management and   auxiliary court services;                (3)  recommend to the chief justice of the supreme   court any needs for judicial assignments from outside the region;                (4)  recommend to the supreme court any changes in the   organization, jurisdiction, operation, or procedures of the region   necessary or desirable for the improvement of the administration of   justice;                (5)  act for a local administrative judge when the   local administrative judge does not perform the duties required by   Subchapter D;                (6)  implement and execute any rules adopted by the   supreme court under this chapter;                (7)  provide the supreme court or the office of court   administration statistical information requested; and                (8)  perform the duties assigned by the chief justice   of the supreme court.          (b)  A presiding judge may appoint a judicial mentor or   arrange for additional administrative personnel to be assigned to a   court identified by the Office of Court Administration of the Texas   Judicial System as needing additional assistance under Section   72.024(b-1).          SECTION 8.  Section 81.075, Government Code, is amended by   adding Subsection (f) to read as follows:          (f)  If the panel of a district grievance committee finds an   attorney knowingly made a false declaration on an application for a   place on the ballot as a candidate for judicial office under Section   141.0311, Election Code, the committee shall impose a public   sanction against the respondent attorney.          SECTION 9.  Chapter 82, Government Code, is amended by   adding Subchapter D to read as follows:   SUBCHAPTER D. SPECIALTY CERTIFICATIONS FOR ATTORNEYS          Sec. 82.101.  SPECIALTY CERTIFICATION IN JUDICIAL   ADMINISTRATION. (a) The supreme court shall adopt rules   establishing a specialty certification for attorneys in the   practice area of judicial administration.          (b)  For purposes of establishing a specialty certification   for attorneys in the practice area of judicial administration, the   Texas Board of Legal Specialization shall make recommendations to   the supreme court for the specialty certification and a proposed   examination for obtaining the specialty certification. The   examination must test the attorney's knowledge of:                (1)  the administrative duties of judicial office;                (2)  substantive, procedural, and evidentiary laws;   and                (3)  any other information the supreme court considers   necessary and appropriate to prepare a judge to conduct the   business of a court.          (c)  The Texas Board of Legal Specialization shall make the   specialty certification for attorneys in judicial administration   available to each judge of an appellate court, district court,   statutory county court, or county court performing judicial   functions who is a licensed attorney.          (d)  The supreme court by rule shall require an attorney who   holds a specialty certification in judicial administration to   annually complete 21 hours of continuing legal education on the   topics described in Subsection (b) to maintain the certification.          (e)  A justice or judge who holds a specialty certification   in judicial administration may be entitled to additional   compensation if the legislature makes a specific appropriation for   that purpose.          SECTION 10.  (a) As soon as practicable after the effective   date of this Act, the Texas Supreme Court shall adopt the rules   necessary to implement the changes in law made by this Act.          (b)  Section 141.0311, Election Code, as added by this Act,   applies only to an application for a place on the ballot filed for   an election ordered on or after the effective date of this Act. An   application for a place on the ballot filed for an election ordered   before the effective date of this Act is covered by the law in   effect on the date the application was filed, and the former law is   continued in effect for that purpose.          (c)  The changes in law made by Chapter 39, Government Code,   as added by this Act, apply to all judges elected, appointed, or   holding office on or after the effective date of this Act.          SECTION 11.  This Act takes effect September 1, 2023.