Administration Of The Courts
Outline of Statutory Provisions
September 1, 1997

a. Judicial Power (Article 5, Section 1, Constitution). The judicial power of the State is vested in one Supreme Court, in one Court of Criminal Appeals, in courts of appeals, in district courts, in county courts, in commissioners courts, in courts of justices of the peace, and in such other courts as may be provided by law.

a. Jurisdiction of Supreme Court (Article 5, Section 3, Constitution). The Supreme Court is empowered to exercise the judicial power of the State except as otherwise provided in the Constitution. Its appellate jurisdiction is final and extends to all cases except in criminal law matters and as otherwise provided by the constitution or by law.

b. Court Administration

(1) Rule-Making Authority (Article 5, Section 31, Constitution). The Supreme Court is responsible for the efficient administration of the judicial branch and is authorized to promulgate rules of administration not inconsistent with the laws of the State as may be necessary for the efficient and uniform administration of justice in the various courts.

(2) Supervisory and Administrative Control (Section 74.021, Government Code). The Supreme Court has supervisory and administrative control over the judicial branch and is responsible for the orderly and efficient administration of justice.

(3) Rules of Administration (Section 74.024, Government Code). The Supreme Court is authorized to adopt rules of administration setting policies and procedures necessary or desirable for the operation and management of the court system and for the efficient administration of justice. The Rules of Judicial Administration are located in Title 2, Subtitle F--Appendix, of the Texas Government Code.

c. Transfer of Cases -- Courts of Appeals (Chapter 73, Government Code). The Supreme Court is empowered to transfer cases from one court of appeals to another at any time. Justices of the court to which cases are transferred may hear oral argument:

(1) at the site of the court where the cases were originally filed;

(2) if the case is transferred to a court that regularly sits not more than 35 miles from the court from which it was transferred, at the place the court regularly sits; or

(3) through the use of teleconferencing technology.

Opinions and decisions from transferred cases are delivered at the city where the receiving court regularly sits.

a. Supreme Court Duties (Section 74.006, Government Code). The Chief Justice of the Supreme Court is directed to ensure that the Supreme Court executes and implements the Court's administrative duties and responsibilities.

b. State of the Judiciary Message (Section 21.004, Government Code). The Chief Justice of the Supreme Court is authorized to deliver a "State of the Judiciary" message at the commencement of each regular session of the Legislature.

c. Assignment of Justices and Judges

(1) Assignment of Judges (Section 74.057, Government Code). The Chief Justice of the Supreme Court is empowered to assign a judge residing in one administrative judicial region for service in another administrative judicial region.

(2) Assignment of Retired Judges (Section 75.002(a), Government Code). With the retiree's consent, any judge who is retired and who makes an election to continue as a judicial officer after retirement under the provisions of Section 75.001 of the Texas Government Code may be assigned by the Chief Justice of the Supreme Court to sit on any court of the same or lesser dignity as that on which the person sat before retirement.

(3) Assignment of Retired Appellate Justices and Judges to Administrative Judicial Region (Sections 74.056(d) and 75.002(b), Government Code). The Chief Justice of the Supreme Court may assign a retiree whose last judicial office before retirement was that of 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.

(4) Assignment of Former Appellate Justices and Judges (Sections 74.056(d) and 75.003, Government Code). With the former judge's consent, a former judge whose last judicial office before leaving active service was justice or judge of the Supreme Court, Court of Criminal Appeals, or a court of appeals may be assigned by the Chief Justice of the Supreme Court to sit on any appellate, district, or statutory county court; or 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.

(5) Assignment of Active Justices to Other Courts of Appeals (Section 74.003(a), Government Code). The Chief Justice of the Supreme Court may temporarily assign a justice of a court of appeals to another court of appeals.

(6) Assignment of Retired Appellate Justices and Judges to Courts of Appeals (Section 74.003(b), Government Code). The Chief Justice of the Supreme Court may assign a qualified retired member of the Supreme Court, the Court of Criminal Appeals, or a court of appeals to a court of appeals for active service regardless of whether a vacancy exists in the court to which the justice is assigned.

d. Committees

(1) Appointments (Section 74.007, Government Code). The Chief Justice, subject to the approval of the Supreme Court, is empowered to name and appoint members to committees necessary or desirable for the efficient administration of justice or to carry out the provisions of Chapter 74 of the Texas Government Code.

(2) Texas Judicial Council (Chapter 71) The Chief Justice of the Supreme Court is designated by statute as chair of the Texas Judicial Council. The Chief Justice is also empowered to designate the judicial members of the Texas Judicial Council: two justices of the courts of appeals; two district judges; two judges of county courts, statutory county, or statutory probate courts; two justices of the peace; and two municipal judges.

(3) Judicial Committee on Information Technology (Chapter 77) The Chief Justice of the Supreme Court is empowered to direct and supervise the Judicial Committee on Information Technology. The Chief Justice appoints the 15 members of the Judicial Committee on Information Technology and designates the presiding officer.

e. Supervision of the Office of Court Administration (Section 74.004, Government Code). The Chief Justice of the Supreme Court is to direct and supervise the operations of the state Office of Court Administration.

a. Jurisdiction of the Court of Criminal Appeals (Article 5 , Section 5, Constitution). The Court of Criminal Appeals has final appellate jurisdiction in all criminal cases except as provided in the Constitution or as prescribed by law. All cases in which the death penalty has been assessed are appealed to the Court of Criminal Appeals. All other criminal cases are appealed to the courts of appeals as prescribed by law. On its own motion, the Court of Criminal Appeals may also review a decision of a court of appeals in a criminal case as provided by law.

b. Assistance to the Court of Criminal Appeals

(1) Commissioners of the Court of Criminal Appeals (Section 22.106, Government Code) The Presiding Judge of the Court of Criminal Appeals, with the concurrence of a majority of the judges of the court, may designate and appoint a retired appellate judge or district judge or an active appellate judge or district judge, to sit as a commissioner of the Court of Criminal Appeals. The commissioners discharge the duties assigned to them by the court and may serve for a certain period or for a particular case. When approved by a majority of the court, the opinions of the commissioners have the same weight and legal effect as opinions originally prepared by the Court of Criminal Appeals.

(2) Commission in Aid of Court of Criminal Appeals (Section 22.107, Government Code). The Court of Criminal Appeals may also appoint a commission to aid the court in the disposing of cases. The commission is composed of two attorneys having the qualifications required for judges of the Court of Criminal Appeals. They serve two-year terms that expire September 1 of each odd-numbered year. When approved by a majority of the court and handed down as an opinion of the court, an opinion of a commissioner in aid of the court has the same weight and legal effect as an opinion originally prepared and handed down by the Court of Criminal Appeals.

c. Rule-making Authority

(1) Rules of Evidence and Appellate Procedure (Sections 22.108 and 22.109, Government Code). The Court of Criminal Appeals has the authority to promulgate rules of evidence and posttrial and appellate review procedure in criminal cases.

(2) Rules Relating to Education and Training (Section 56.006, Government Code). The Court of Criminal Appeals may adopt rules for programs relating to education and training for attorneys, judges, justices of the peace, district clerks, county clerks, court coordinators and other court personnel.

d. Judicial and Court Personnel Training (Section 74.025, Government Code). The Court of Criminal Appeals is responsible, if adequate funding is available, for ensuring that adequate education programs are available on an equitable basis for judges and court personnel of courts created under the constitution and laws of this state.

(1) Judicial Education Committee (Section 56.005, Government Code). The Court of Criminal Appeals appoints an education committee to recommend educational requirements and course content, credit, and standards for judges and court personnel of appellate courts, district courts, statutory county courts, and county courts performing judicial functions. At least two appellate judges, four district court judges, two statutory county court judges, and one judge of a county court performing judicial functions serve on the committee. The court may appoint up to six additional members.

(2) Grants for Training (Section 56.001, et seq., Government Code). The Court of Criminal Appeals administers the judicial training fund and makes grants to statewide professional associations for continuing legal educations courses, technical assistance and other support programs for judges and court personnel.

a. Administrative Matters (Chapter 72 and Section 74.023, Government Code). The state Office of Court Administration was established in 1977 to provide administrative support and technical assistance to all of the courts in the state. The Supreme Court appoints the Administrative Director of the Courts who, as an additional duty of office, serves as Executive Director of the Texas Judicial Council. The Administrative Director consults with and assists judges, clerks, and other court personnel in discharging their administrative duties as provided by law or by rule adopted by the Supreme Court to promote a more efficient operation of the Texas Judicial System.

b. Duties (Sections 72.011-72.027 Government Code). The duties assigned to the office by the above indicated statutory provisions include:

(1) assisting the justices and judges in discharging their administrative duties;

(2) consulting with the regional presiding judges and local administrative judges and assisting them in discharging duties imposed by law or by a rule adopted by the Supreme Court;

(3) recommending to the Supreme Court appropriate means to implement the Court Administration Act;

(4) examining 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 and recommending necessary improvements or any other changes that will promote the efficient administration of justice;

(5) preparing and submitting an estimated budget for the appropriation of funds necessary for the maintenance and operation of the judicial system, and studying and recommending expenditures of funds appropriated for the maintenance and operation of the judicial system;

(6) consulting with and assisting court clerks, other court officers or employees, and clerks or other officers or employees of offices related to and serving a court to provide for the efficient administration of justice;

(7) consulting with and make recommendations to administrators and coordinators of the courts to provide for uniform administration of the courts and efficient administration of justice;

(8) implementing rules of administration or other rules adopted by the Supreme Court for the efficient administration of justice;

(9) performing such additional duties as may be assigned by the Supreme Court and by the Chief Justice;

(10) preparing an annual report of the activities of the Office to be published in the Annual Report of the Texas Judicial Council; and

(11) publishing an annual report regarding the demographic profile of the judicial law clerks and attorneys employed by the courts.

In addition to these statutorily mandated duties, the agency performs many other functions at the direction of the Supreme Court. Secretariat services are provided to the Council of Presiding Judges of the Administrative Judicial Regions, the Board of Regional Judges for Title IV-D Account [Child Support Enforcement], the Judicial Districts Board, the Judicial Committee on Court Funding, and numerous other committees and task forces appointed by the Supreme Court in the area of judicial administration.

a. Administrative Matters (Chapter 71, Government Code). The Texas Judicial Council was created in 1929 by the 41^st Legislature to continually study and report on the organization and practices of the Texas judicial system. The council examines the work accomplished by the courts and submits recommendations for improvement of the system to the Legislature, the Governor, and the Supreme Court. The ex officio members of the council are:

(1) the Chief Justice of the Supreme Court;

(2) the Presiding Judge of the Court of Criminal Appeals;

(3) the chair of the Senate Jurisprudence Committee;

(4) one member of the Senate, appointed by the lieutenant governor;

(5) the chair of the House Judicial Affairs Committee;

(6) one member of the House of Representatives, appointed by the Speaker of the House;

(7) two justices of the courts of appeals designated by the Chief Justice of the Supreme Court;

(8) two district judges designated by the Chief Justice of the Supreme Court;

(9) two judges of county courts, statutory county, or statutory probate courts designated by the Chief Justice of the Supreme Court;

(10) two justice of the peace designated by the Chief Justice of the Supreme Court; and

(11) two municipal court judges designated by the Chief Justice of the Supreme Court.

The Governor appoints six citizen members to the council, three of which must be members of the State Bar of Texas and two of which must be non-lawyers. Citizen members serve staggered six-year terms. The Chief Justice of the Supreme Court and the Presiding Judge of the Court of Criminal Appeals are members of the council as long as they hold their offices. The Chief Justice serves as chair and the Presiding Judge serves as vice-chair of the council. All judicial appointees to the council serve staggered four-year terms. Legislative council members serve at the pleasure of the appointing authority.

b. Duties (Sections 71.031-71.035). The duties assigned to the council include:

(1) continually studying the organization, rules, procedures and practice, work accomplished, results, and uniformity of the discretionary powers of the state courts and methods for their improvement;

(2) receiving and considering advice from judges, public officials, members of the bar, and citizens concerning remedies for faults in the administration of justice;

(3) designing methods for simplifying judicial procedure, expediting court business, and better administering justice

(4) filing a detailed annual report with the Governor and the Supreme Court on council activities, information from the council study, and council recommendations;

(5) investigating and reporting on a matter concerning the administration of justice that the Supreme Court or the Legislature refers to the council; and

(6) gathering judicial statistics and other pertinent information from court officials of this state; and prescribing procedures, definitions of terms, and forms for supplying that information.

a. Administrative Matters (Chapter 77, Government Code). The Judicial Committee on Information Technology is charged with developing and overseeing the design and implementation of a coordinated statewide computer communication network and comprehensive justice information system. The committee operates under the direction and supervision of the Chief Justice of the Supreme Court. The 15 members of the committee are appointed by the Chief Justice and are representative of appellate court judges, appellate courts clerks, district court judges, county court judges, statutory probate judges, justices of the peace, municipal court judges, district attorneys, court reporters, court administrators, district or county clerks, members of the Legislature, attorneys, and the general public. A member of the Office of Court Administration (OCA) serves as a nonvoting member, and OCA provides staff support for the committee.

b. Duties (Section 77.031, Government Code). The duties assigned to the committee include:

(1) developing programs to implement the information technology recommendations from Texas Commission on Judicial Efficiency;

(2) establishing minimum standards for voice storage and retrieval services, including voice messaging and electronic mail services, local area networks, Internet access, electronic data interchange, data dictionaries, and other technological needs of the judicial system;

(3) developing a coordinated statewide computer and communication network that links all courts in Texas;

(4) researching the possible uses of existing computer and communication networks developed by other state agencies;

(5) establishing minimum standards for electronically based document system and recommending rules relating to the electronic filing of documents with courts;

(6) instituting security guidelines for controlling access to and protecting the integrity and confidentiality of information available in electronic form;

(7) creating a state judicial system web page for use on the Internet accessible to the public for a reasonable access fee set by the supreme court after consultation with the committee;

(8) establishing minimum standards for an internal computer and communication network available only to court staff;

(9) recommending pilot programs relating to new technologies as applied to the judicial system;

(10) recommending training and technical assistance programs for users of the coordinated statewide computer and communication network;

(11) developing funding priorities regarding the various technological needs of the judicial system; and

(12) recommending distributions to courts from the judicial technology account in the judicial fund.

c. Judicial Technology Account (Section 77.032). The committee administers the Judicial Technology Account, which is used only to support committee approved programs and to provide technological support for the judiciary. The committee files an annual report to the Legislative Budget Board showing disbursements from the account and the purpose for each disbursement.

a. Local Rules (Rule 1, Rules of Appellate Procedure). Each court of appeals is empowered to make and amend rules governing its practice that are not inconsistent with the Rules of Appellate Procedure.

a. Appointment of Regional Presiding Judges (Section 74.005, Government Code). The Governor, with the advice and consent of the Senate, is to appoint one judge in each administrative region as presiding judge of the region.

b. Authority of Presiding Judge (Section 74.047, Government Code). A presiding judge is empowered to perform the acts necessary to carry out the provisions of Chapter 74 of the Texas Government Code and to improve the management of the court system and the administration of justice.

c. Duties of Presiding Judge (Section 74.046, Government Code). The presiding judge is responsible for:

(1) ensure the promulgation of regional rules of administration within policies and guidelines set by the Supreme Court;

(2) advise local judges on case management and auxiliary court services;

(3) recommend to the Chief Justice of the Supreme Court the need for judicial assignment 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 of the Texas Government Code;

(6) implement and execute any rules adopted by the Supreme Court under Chapter 74 of the Texas Government Code;

(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.

d. Meetings of Presiding Judges (Section, 74.001, Government Code). The Chief Justice of the Supreme Court is to call and preside over at least one annual meeting of the presiding judges of the administrative judicial regions to:

(1) study the conditions of dockets to determine the need for the assignment of judges;

(2) compare the regional and local rules of court to achieve the uniformity of rules that is practicable and consistent with local conditions;

(3) consider uniformity in the administration of Chapter 74 of the Texas Government Code in the various administrative regions; and

(4) promote more effective administration of justice.

e. Council of Judges Meeting (Section 74.048, Government Code and Rule 3a, Rules of Civil Procedure). The presiding judge is to call at least one annual meeting of the district and statutory county court judges in the administrative judicial region. The purposes of the meeting(s) are consultation and counseling concerning the state of dockets of the courts and to arrange for disposition of pending cases. The Council of Judges is empowered to adopt:

(1) regional rules of administration within policies and guidelines set be the Supreme Court;

(2) rules to regulate and facilitate the order of trials and the record keeping in the counties in the region in which judges are sent from one region to another to aid in the disposition of cases; and

(3) other rules necessary to the practical operation of Chapter 74 of the Texas Government Code.

f. Assignment of Judges (Section 74.056, Government Code). A presiding judge is authorized to assign active, retired, and former district and county court at law judges to trial courts in the administrative judicial region as visiting judges.

NOTE: In Attorney General Letter Opinion LO-90-74, the authors conclude that the presiding judge of an administrative judicial region may assign a statutory, or county-court-at-law, judge in his region to hear any district court case, provided that the various requirements of Chapter 74 of the Texas Government Code are met.

In contrast, when the judges of constitutional county courts, statutory county courts, justice courts, and small claims courts transfer cases to another court, a case may not be transferred unless it is within the jurisdiction of the court to which it is transferred. Similarly, when the judges of those courts exchange benches and courtrooms with each other without transferring a case, a judge may not sit or act in a case unless it is within the jurisdiction of his court. (Section 74.121, Government Code).

g. Recusal or Disqualification of Judges (Rule 18a, Rules of Civil Procedure). Upon the filing of a motion to recuse, a judge must either recuse himself or request the presiding judge of the administrative judicial region to assign a judge to hear the motion. If a judge declines to recuse himself, he must forward, in either original form or certified copy, to the presiding judge of the administrative judicial region, an order of referral, the motion, and all opposing and concurring statements. The presiding judge of the administrative judicial region must immediately set a hearing before himself or some other judge designated by him, must cause notice of the hearing to be given to all parties, and must make such other orders as justice may require. If the motion to recuse is granted, the order is not reviewable, and the presiding judge shall assign another judge to sit in the case.

h. Judicial Districts Board (Article 5, Section 7a, Constitution; Section 24.942 and 24.943, Government Code). The presiding judges of the administrative judicial regions serve as members of the Judicial Districts Board which is directed to study the number of cases pending and number of judges available in the various areas of the State and submit reports to the Legislature on the need for the redistricting of judicial districts.

i. Child Support Enforcement

(1) Child Support and Court Management Account (Section 21.007, Government Code). The presiding judges of the administrative judicial regions are directed to administer the Child Support and Court Management Account of the Judicial Fund.

(2) Appointment of Title IV-D Masters (Sections 201.101 and 201.108, Family Code). The presiding judge of each administrative judicial region is empowered to appoint masters to ensure compliance with federal and state requirements for the expedited process of child support enforcement cases.

(3) Monitoring Child Support Enforcement Cases (Section 201.109, Family Code). The presiding judge of each administrative judicial region is directed to monitor the processing of child support enforcement cases in his region to ensure compliance with federal and state law.

 

a. Local Administrative Judges. There are two levels of local administrative judges:

(1) Local Administrative District Judge (Section 74.091, Government Code). In each county, there is a local administrative district judge. In a county with two or more district courts the judges of those courts are directed to elect a district judge as local administrative judge. In a county with only one district judge, the district judge serves as the local administrative judge.

(2) Local Administrative Statutory County Court Judge (Section 74.0911, Government Code). In each county that has a statutory county court, there is a local administrative statutory county court judge. In a county with two or more statutory county courts, the judges of those courts are directed to elect a statutory county court judge as local administrative statutory county court judge. In a county with only one statutory county court, the statutory county court judge serves as the local administrative statutory county court judge.

b. Duties of Local Administrative Judge (Section 74.092, Government Code). A local administrative judge, for the courts for which the judge serves as local administrative judge, is empowered to:

(1) implement and execute the local rules of administration, including the assignment, docketing, transfer, and hearing of cases;

(2) appoint any special or standing committees necessary or desirable for court management;

(3) promulgate local rules of administration if the other judges do not act by a majority vote;

(4) recommend to the regional presiding judge any needs for assignment from outside the county to dispose of court caseloads;

(5) supervise the expeditious movement of court caseloads;

(6) provide the Supreme Court and the Office of Court Administration requested statistical and management information;

(7) set the hours and places for holding court in the county;

(8) supervise the employment and performance of nonjudicial personnel;

(9) supervise the budget and fiscal matters of the local court;

(10) coordinate and cooperate with any other local administrative judge in the district in the assignment of cases in the courts' concurrent jurisdiction; and

(11) perform other duties as may be directed by the Chief Justice or a regional presiding judge.

a. Local Rules (Rule 3a, Rules of Civil Procedure). Each district court and each county court at law is empowered to make and amend certain local rules governing practice before it, subject to the approval of the Supreme Court.

b. Local Rules of Administration (Section 74.093, Government Code). The district and statutory county court judges in each county are empowered to adopt, by majority vote, local rules of administration. The rules must provide for:

(1) assignment, docketing, transfer, and hearing cases;

(2) designation of court divisions or branches responsible for certain matters;

(3) holding court at least once a week in the county unless in the opinion of the local administrative judge sessions at other intervals will result in more efficient court administration;

(4) fair and equitable division of caseloads; and

(5) plans for judicial vacation, sick leave, attendance at educational programs, and similar matters.

Also, the rules may provide for any other matter necessary to carry out Chapter 74 of the Texas Government Code.

a. Election of Presiding Judge of the Statutory Probate Courts (Section 25.0022(b), Government Code). The judges of the statutory probate courts are directed to elect from their number a presiding judge of the statutory probate courts.

b. Authority of Presiding Judge (Section 25.0022(v), Government Code). The presiding judge is empowered to perform the acts necessary to carry out the provisions of Section 25.002 of the Texas Government Code and to improve the management of the statutory probate courts and the administration of justice.

c. Assignment of Judges (Section 25.0022(j), Government Code). A judge or a retired judge of a statutory probate court may be assigned by the presiding judge as provided in Section 25.0022 of the Texas Government Code.

d. Meetings of the Statutory Probate Judges (Sections 25.0022(k), (l) and (m), Government Code). The presiding judge is to call and preside over at one annual meeting of the judges of the statutory probate courts to:

(1) study the statistics reflecting the condition of the dockets of the probate courts to determine the need for the assignment of judges; and

(2) compare the local rules of court to achieve the uniformity of rules that is practical and consistent with local conditions.

The presiding judge may call and convene additional meetings as are necessary for the promotion of the orderly and efficient administration of justice.

e. Assistant Presiding Judge (Section 25.002(h), Government Code). The presiding judge is empowered to appoint an assistant presiding judge of the statutory probate courts. The assistant presiding judge may assign probate judges and perform the duties of the presiding judge in the absence of the presiding judge, as provided in Section 25.0022 of the Texas Government Code.

a. Local Rules (Rule 3a, Rules of Civil Procedure). Each statutory probate court is empowered to make and amend certain local rules governing practice before it, subject to the approval of the Supreme Court.

a. Local Rules (Rule 3a, Rules of Civil Procedure). Each constitutional county court is empowered to make and amend certain local rules governing practice before it, subject to the approval of the Supreme Court.

a. Civil Matters (Rules 523-591, Rules of Civil Procedure). Rules 523 to 591 of the Rules of Civil Procedure govern the practice of civil matters in the justice courts.

b. Small Claims (Chapter 28, Government Code). Chapter 28 of the Texas Government Code governs the practice in small claims matters.

c. Criminal Matters (Chapter 45, Code of Criminal Procedure). Chapter 45 of the Code of Criminal Procedure governs the practice of criminal matters in the justice courts.

a. Municipal Court Cases (Chapter 45, Code of Criminal Procedure). Chapter 45 of the Code of Criminal Procedure governs the practice in the municipal courts.

b. Local Rules (Section 30.501, Government Code). The municipal courts of record are authorized to make and enforce all rules of practice and procedure necessary to expedite the trial of cases before the court that are not inconsistent with general law.