Annual Report 1997

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 72.001. Definitions.

In this chapter:

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

(2) "Director" means the administrative director of the courts appointed as provided by this chapter.

(3) "Office" means the Office of Court Administration of the Texas Judicial System.

(4) "Trial court" means any tribunal forming a part of the judiciary, except the supreme court, the court of criminal appeals, and the courts of appeals, but does not include the commissioners court of a county

Sec. 72.002. Effect on Jurisdiction or Judicial Discretion.

This chapter or a rule adopted by the supreme court under Section 74.024 does not authorize:

(1) a judge to act in a case over which his court would not have potential jurisdiction under the Texas Constitution or other state law; or

(2) an infringement of the judicial discretion of a judge in the trying of a case properly before his court.

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS

Sec. 72.011. Office of Court Administration.

(a) The office of court administration is an agency of the state and operates under the direction and supervision of the supreme court and the chief justice of the supreme court.

(b) The office shall exercise the powers and perform the duties or functions imposed on the office by this chapter or the supreme court.

Sec. 72.012. Director.

(a) The director shall:

(1) implement this chapter and direct the operations of the office of court administration; and
(2) as an additional duty of his office, serve as the executive director of the Texas Judicial Council.

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

SUBCHAPTER C. POWERS AND DUTIES

Sec. 72.021. Budget; Expenditures.

(a) The director shall prepare and submit an estimated budget for the appropriation of funds necessary for the maintenance and operation of the judicial system.

(b) The director shall study and recommend expenditures and savings of funds appropriated for the maintenance and operation of the judicial system.

Sec. 72.022. Personnel.

(a) The director, with the approval of the chief justice of the supreme court, shall employ the personnel needed to administer the office, including personnel needed for the Texas Judicial Council.

(b) The office shall provide staff functions necessary for the efficient operation of the Texas Judicial Council.

Sec. 72.023. Consultation and Assistance.

(a) The director shall assist the justices and judges in discharging their administrative duties.

(b) The director shall consult with the regional presiding judges and local administrative judges and assist them in discharging duties imposed by law or by a rule adopted by the supreme court.

(1) court clerks;
(2) other court officers or employees; and
(3) clerks or other officers or employees of offices related to and serving a court.

(d) The director, to provide for uniform administration of the courts and efficient administration of justice, shall consult with and make recommendations to administrators and coordinators of the courts.

Sec. 72.024. Methods; Recommendations.

(a) The director shall examine the judicial dockets, practices, and procedures of the courts and the administrative and business methods or systems used in the office of a clerk of a court or in an office related to and serving a court.

(b) The director shall recommend:

(1) a necessary improvement to a method or system;
(2) a form or other document used to record judicial business; or
(3) any other change that will promote the efficient administration of justice.

Sec. 72.025. Annual Report.

(a) The director shall prepare an annual report of the activities of the office.

(b) The report must be published in the annual report of the Texas Judicial Council.

Sec. 72.026. Rules.

The director, under the supervision of the chief justice, shall implement a rule of administration or other rules adopted by the supreme court for the efficient administration of justice.

Sec. 72.027. Additional Duties.

The supreme court or the chief justice of the supreme court may assign the director duties in addition to those imposed by this chapter.

Sec. 72.028. Gifts, Grants, and Donations.

(a) Except as provided by Subsection (b), the office may request, accept, and administer gifts, grants, and donations from any source to carry out the purposes of this chapter.

(b) The office may not request, accept, or administer a gift, grant, or donation from a law firm, an attorney, an employee of a law firm or attorney, or the spouse of an attorney or of an employee of a law firm or an attorney.

(c) In this section, "law firm" means a partnership, limited liability partnership, or professional corporation organized for the private practice of law.

SUBCHAPTER D. JUDICIAL LAW CLERK AND STAFF ATTORNEY RECRUITMENT

Sec. 72.041. Diversity.

The judges of the supreme court, court of criminal appeals, and courts of appeals shall encourage the recruitment of judicial law clerks and staff attorneys that reflect the gender, racial, and ethnic diversity of this state.

Sec. 72.042. Demographic Census.

(a) The office shall annually publish a report regarding the demographic profile of the judicial law clerks and attorneys employed by the courts of this state.

(b) The office may request that a court provide demographic information to the office.

SUBCHAPTER E. COURT PERFORMANCE STANDARDS

Sec. 72.081. Rules.

The office shall adopt rules and forms for administering this subchapter and for obtaining information under this subchapter.

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.

Sec. 72.083. Trial Courts.

The office shall report the aggregate clearance rate of cases for the district courts. In this section, "clearance rate" means the number of cases disposed of by the district courts divided by the number of cases added to the dockets of the district courts.

Sec. 72.084. Court of Appeals.

A court of appeals shall annually report to the office:

(1) the number of cases filed with the court during the reporting year;

(2) the number of cases disposed of by the court during the reporting year;

(3) for active cases on the docket of the court on the reporting date, the average number of days from the date of submission of the case to the court until the reporting date; and

(4) for each case disposed of during the reporting year by the court, the number of days from the date of submission of the case to the court until the date of disposition of the case by the court.

Sec. 72.085. Court of Criminal Appeals.

The court of criminal appeals shall annually report to the office:

(1) the number of cases filed with the court during the reporting year involving:

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

(2) the number of cases disposed of by the court during the reporting year involving:

(A) capital punishment;

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

(3) the average number of days from the date a case was filed with the court until the reporting date, for each active case on the docket of the court on the reporting date involving:

(A) capital punishment;

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

(4) the average number of days from the date a case was filed with the court until the date the case was disposed of by the court, for each case disposed of during the reporting year by the court involving:

(A) capital punishment;

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

Sec. 72.086. Supreme Court.

(a) The supreme court shall annually report to the office:

(1) the number of cases filed with the court during the reporting year;
(2) the number of cases disposed of by the court during the reporting year;
(3) for the active cases on the docket of the court on the reporting date, the average number of days from the date a case was filed with the court until the reporting date; and
(4) for the cases disposed of during the reporting year by the court, the average number of days from the date a case was filed with the court until the date of release of the court's opinion for the case or the date the case was otherwise disposed of by the court.

(b) For cases on the docket of the court during the reporting year, the supreme court shall annually report to the office:

(1) the average number of days from the date a case is filed with the court until the date the court releases an order announcing its decision granting, overruling, denying, or dismissing an application, petition, or motion;
(2) the average number of days from the date of the granting of an application, petition, or motion until the date of oral argument of the case;
(3) the average number of days from the date of the oral argument of the case until the date the court issues a signed opinion and judgment for the case; and
(4) the average number of days from the date of filing of a case with the court until the date of the release of a per curiam opinion.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 71.001. Definitions.

In this chapter:

(1) "Chair" means the chair of the council.

(2) "Council" means the Texas Judicial Council.

Sec. 71.002. Sunset Provisions.

The council is subject to the Texas Sunset Act (Chapter 325). Unless continued in existence as provided by that Act, the council is abolished and this chapter expires effective September 1, 2001.

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS

Sec. 71.011. Number and Classes of Members.

The Texas Judicial Council is an agency of the state composed of 16 ex officio and six appointive members.

Sec. 71.012. Ex Officio Members.

The ex officio members 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 justices 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.

Sec. 71.013. Terms of Ex Officio Members; Delegation of Functions.

(a) 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 those offices.

(b) Except as provided by Subsection (a), all members of the judiciary appointed to the council serve staggered terms of four years with the term of one member from each judicial group expiring on February 1 of each odd-number year.

(c) A legislative member whose membership in the legislature ceases continues as a member of the council at the pleasure of the appointing authority.

(d) A vacancy in a judicial membership must be filled for the unexpired term in the same manner as the original appointment.

(e) A judicial or legislative member of the council serves until his successor is chosen and has qualified.

(f) The chief justice of the supreme court and the presiding judge of the court of criminal appeals may each designate a member of his court to act in his stead under this chapter. The designated person serves at the will of the official who chose him for service.

Sec. 71.014. Citizen Members.

(a) The governor shall appoint the six citizen members on the council.

(b) A citizen member must be a resident citizen of the state. Three of the six citizen members must be members of the State Bar of Texas and two must be persons who are not licensed to practice law.

Sec. 71.015. Terms of Citizen Members.

(a) Citizen members serve for staggered terms of six years with two members' terms expiring on June 30 of each odd-numbered year.

(b) A vacancy in citizen membership is filled for the unexpired term by appointment by the governor.

Sec. 71.016. Meetings.

(a) The council shall meet at least once in each calendar year and may meet at other times as ordered by the council or under its authority.

(b) The council may meet at a place and time designated by it or under its authority.

Sec. 71.017. Quorum.

Eleven members of the council constitute a quorum.

Sec. 71.018. Officers; Committees.

(a) The chief justice of the supreme court shall serve as chair and the presiding judge of the court of criminal appeals shall serve as vice chair of the council. Other officers of the council shall be elected by the council.

(b) The council may prescribe the duties of an officer of the council.

(c) The council may appoint committees from its membership. It may prescribe the duties of and delegate powers under this chapter to a committee except as otherwise limited by this chapter.

(d) The chair may appoint committees for two-year terms that he considers necessary for the organization of the council.

Sec. 71.019. Rules.

The council may adopt rules expedient for the administration of its functions.

Sec. 71.020. Expenses.

(a) A member of the council may not receive compensation for service on the council.

(b) A member is entitled to reimbursement for actual and necessary expenses incurred in performing the duties of the council and approved for payment as provided by this section.

(c) The council, its officers, and its committees are entitled to reimbursement for the actual and necessary clerical expenses incurred in performing functions under this chapter and approved for payment as provided by this section.

(d) Before any expenses incurred by the council, its members or officers, or its committees may be paid, the chair of the council or the vice chair, if authorized by the chair in writing to do so, must approve a verified and itemized account of the expenses.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 71.031. Continuous Study.

The council continuously shall study the organization, rules, procedures and practice, work accomplished, results, and uniformity of the discretionary powers of the state courts and methods for their improvement.

Sec. 71.032. Receipt of Advice on Remedies.

The council shall receive and consider advice from judges, public officials, members of the bar, and citizens concerning remedies for faults in the administration of justice.

Sec. 71.033. Methods for Improvement.

The council shall design methods for simplifying judicial procedure, expediting the transaction of judicial business, and correcting faults in or improving the administration of justice.

Sec. 71.034. Reports; Investigations.

(a) The council shall file a complete detailed report with the governor and the supreme court before December 2 of each year on council activities, information from the council's study, and council recommendations.

(b) The council may file a supplemental report on council activities, findings, or recommendations at a time it considers advisable.

(c) The council shall investigate and report on a matter concerning the administration of justice that the supreme court or the legislature refers to the council.

(d) The yearly or supplemental reports of the council are public information and may be given to the press when filed.

Sec. 71.035. Statistics; Enforcement by Mandamus.

(a) The council shall gather judicial statistics and other pertinent information from the several state judges and other court officials of this state.

(b) The council may require a state justice, judge, clerk, or other court official, as an official duty, to comply with reasonable requirements for supplying statistics pertaining to the amount and character of the civil and criminal business transacted by the court or other information on the conduct, operation, or business of his court or the office of the clerk of his court that is within the scope of the functions of the council. If the official does not supply the information within a reasonable time after the request, he is presumed to have willfully refused the request. The council shall prescribe procedures, definitions of terms, and forms for supplying the statistics and other information.

(1) the district court of the county of residence of the respondent if the petition for mandamus is filed against a district clerk or a clerk, judge, or other official of a trial court other than a district court;
(2) the court of appeals for the court of appeals district in which the respondent resides if the petition for mandamus is filed against a district judge or a clerk of a court of appeals; or
(3) the supreme court in any other case.

(d) Except as provided by this subsection, the attorney general shall file and prosecute an action for mandamus on behalf of the council if requested to do so in writing by the council. To be valid, the written request must be signed by the chair or by at least 11 members of the council. The attorney general may refuse to file an action if he certifies in writing that the action is without merit.

Sec. 71.036. Public Hearings.

(a) The council may appoint a committee of at least three members to hold a public hearing.

(b) The committee may:

(1) order the production of books or other documents;
(2) require a report from a state court, including a court that is not a court of record;
(3) administer oaths; or
(4) take testimony.

(c) An officer of the council, either prior to or while sitting at a hearing, or a member of the council sitting at a hearing may issue a subpoena or similar order to a prospective witness under his official signature.

(d) The subpoena or similar order may be served by registered or certified mail or by an adult person.

(e) If a witness fails to comply with a subpoena or similar order issued as provided by this section, the council or its committee holding the hearing may request in writing that a district judge of the county of residence of the witness enforce a subpoena or order as provided by this section, the district judge shall order compliance with the council's order by the same means that the judge may compel the appearance and testimony of witnesses in a trial in his own court.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 77.001. Definitions.

In this chapter:

(1) "Committee" means the Judicial Committee on Information Technology.

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

(3) "Internet" means the largest nonproprietary nonprofit cooperative public computer network, popularly known as the Internet.

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS

Sec. 77.011. Judicial Committee on Information Technology.

(a) The committee operates under the direction and supervision of the chief justice of the supreme court.

(b) The committee shall exercise the powers and perform the duties or functions imposed on the committee by this chapter or the supreme court.

Sec. 77.012. Members.

(a) The committee is composed of 15 members appointed by the chief justice of the supreme court.

(b) The chief justice of the supreme court, in making appointments to the committee, shall attempt to select members who are representative of, but not limited to, appellate court judges, appellate court 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. The members shall be selected based on their experience, expertise, or special interest in the use of technology in court. A representative from the Office of Court Administration of the Texas Judicial System shall serve as a nonvoting member of the committee.

(c) The chief justice of the supreme court shall designate the presiding officer of the committee. The presiding officer may form subcommittees as needed to accomplish the business of the committee.

(d) A person may not serve on the committee if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the business of the committee.

Sec. 77.013. Compensation.

A member of the committee is not entitled to compensation but is entitled to reimbursement of travel expenses incurred by the member while conducting the business of the committee, as provided in the General Appropriations Act.

Sec. 77.014. Staff.

The Office of Court Administration of the Texas Judicial System shall provide staff for the committee.

SUBCHAPTER C. POWERS AND DUTIES; FUNDING

Sec. 77.031. General Powers and Duties. The committee shall:

(1) develop programs to implement the recommendations of the Information Technology Task Force of the Texas Commission on Judicial Efficiency;

(2) develop 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) develop a coordinated statewide computer and communication network that is capable of linking all courts in this state;

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

(5) develop minimum standards for an electronically based document system to provide for the flow of information within the judicial system in electronic form and recommend rules relating to the electronic filing of documents with courts;

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

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

(9) recommend pilot programs relating to the testing and demonstration of new technologies as applied to the judicial system;

(10) recommend programs to provide training and technical assistance to users of the coordinated statewide computer and communication network;

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

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

Sec. 77.032. Judicial Technology Account.

(a) The judicial technology account is an account in the judicial fund administered by the committee.

(b) Money in the judicial technology account may only be used for the support of programs that are approved by the committee and that provide technological support for the judiciary. The comptroller may pay money from the account only on vouchers approved by the committee.

(c) The committee shall file a report with the Legislative Budget Board at the end of each fiscal year showing disbursements from the account and the purpose for each disbursement. All money expended is subject to audit by the comptroller and the state auditor.

(d) Money available from the judicial technology account may be supplemented by local or federal money and private or public grants.

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