Texas Government Code 74.055 – List of Retired and Former Judges Subject to Assignment
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(a) Each presiding judge shall maintain a list of retired and former judges who meet the requirements of this section.
(b) The presiding judge shall divide the list into area specialties of criminal, civil, or domestic relations cases. A retired or former judge may only be assigned to a case in the judge’s area of specialty. A judge may qualify for assignment in more than one area of specialty.
Terms Used In Texas Government Code 74.055
- Allegation: something that someone says happened.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Month: means a calendar month. See Texas Government Code 312.011
- Probate: Proving a will
(c) To be eligible to be named on the list, a retired or former judge must:
(1) have served as an active judge for at least 96 months in a district, statutory probate, statutory county, or appellate court;
(2) have developed substantial experience in the judge’s area of specialty;
(3) not have been removed from office;
(4) certify under oath to the presiding judge, on a form prescribed by the state board of regional judges, that:
(A) the judge has never been publicly reprimanded or censured by the State Commission on Judicial Conduct; and
(B) the judge:
(i) did not resign or retire from office after the State Commission on Judicial Conduct notified the judge of the commencement of a full investigation into an allegation or appearance of misconduct or disability of the judge as provided in § 33.022 and before the final disposition of that investigation; or
(ii) if the judge did resign from office under circumstances described by Subparagraph (i), was not publicly reprimanded or censured as a result of the investigation;
(5) annually demonstrate that the judge has completed in the past state fiscal year the educational requirements for active district, statutory probate, and statutory county court judges; and
(6) certify to the presiding judge a willingness not to appear and plead as an attorney in any court in this state for a period of two years.
(d) Repealed by Acts 2003, 78th Leg., ch. 315, Sec. 15.
(e) For purposes of Subsection (c)(1), a month of service is calculated as a calendar month or a portion of a calendar month in which a judge was authorized by election or appointment to preside.
(f) A former or retired judge is ineligible to be named on the list if the former or retired judge is identified in a public statement issued by the State Commission on Judicial Conduct as having resigned or retired from office in lieu of discipline.
(g) A former or retired judge named on the list shall immediately notify the presiding judge of a full investigation by the State Commission on Judicial Conduct into an allegation or appearance of misconduct or disability by the judge. A judge who does not notify the presiding judge of an investigation as required by this subsection is ineligible to remain on the list.