Video & Transcript Research : 'Judge Lex Schenck'

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TX

Texas 89th Regular

Delivery of Government Efficiency May 7th, 2025

Delivery of Government Efficiency

Transcript Highlights:
  • This bill protects the personal information of administrative law judges to help keep these judges safe
  • The State Office of Administrative Hearings is tasked with overseeing these judges and ensuring their
  • When a private citizen has a complaint about a state agency, that complaint is heard by a SOAH judge.
  • Criminal conduct by state licensees can pose threats to administrative law judges due to the severity
  • The bill amends the federal government code to include both current and former administrative law judges
TX

Texas 89th Regular

S/C on Family & Fiduciary Relationships May 5th, 2025

S/C on Family & Fiduciary Relationships

Transcript Highlights:
  • All right, thank you, Judge Herman. Any questions of Judge Herman? Show of vise, chair. Mr.
  • Thank you, Judge Herman. Any questions of Judge Herman, members?
  • Thank you, Judge Alvarez. Any questions for Judge Alvarez, members?
  • Our judges report that these judges are.
  • Anybody have any questions of Judge Herman? Thank you, Judge Hummer, for being here.
TX
Transcript Highlights:
  • appointment as visiting judges from eight years to six years, and prevent visiting judges from practicing
  • Currently, most uncontested probate cases are heard by the county judge.
  • to hear a contested case, the county judge is required to assign the case to a traveling judge.
  • There are only 12 counties with a permanent probate judge out of 254.
  • traveling probate judge, they will have to pay for it.
TX

Texas 89th Regular

Jurisprudence (Part I) Apr 9th, 2025

Jurisprudence

Transcript Highlights:
  • Judges from 8 years to 6 years prevent visiting judges from practicing in their assigned judicial region
  • Senate Bill 302 traveling probate judge reimbursement is a rural county.
  • to hear a contested case, the county judge is required to assign the case to a traveling judge.
  • So, um, it costs, local, there's only 12 counties with a permanent probate judge.
  • A traveling probate judge, they're going to have to pay it.
TX

Texas 89th Regular

Judiciary & Civil Jurisprudence Apr 23rd, 2025 at 10:04 am

Judiciary & Civil Jurisprudence

Transcript Highlights:
  • So does your bill say that the judge can't have an associate judge or a visiting judge that has, right
  • judges.
  • They said, judge is not elected. Judge had lifetime term.
  • The judge calls Judge, the Chair calls Judge Julie Couserac.
  • We've collected salaries for judges, retirement for judges.
Summary: The committee heard House Bill 4961, which would bar uninsured motorists from recovering non-economic damages after a collision. The author said the bill is intended to create incentives to maintain insurance and to address what he described as an unfair system for insured drivers. Texans for Lawsuit Reform and Texas Eagle Forum testified in support, while the Texas Trial Lawyers Association opposed it, warning the bill could also affect pedestrians, passengers, children, and others who did not choose whether a vehicle was insured. The bill author clarified that passengers would be included in the bill’s coverage. No vote was taken and the bill was left pending. House Bill 5570 would extend a legislative attorney CLE exemption to attorneys appointed by the governor and confirmed by the Senate to boards or commissions. The author said the measure is meant to ease time burdens and encourage service, and a witness supported it as a modest incentive for public service. A committee member noted a discrepancy in the number of affected attorneys, and the author agreed to verify the correct figure. The bill was left pending. The committee also heard House Bill 2969, which would restrict the State Bar from adopting rules or penalties that unreasonably burden attorneys’ religious exercise or free speech based on sincerely held beliefs. The author and several witnesses from Texas Values, Alliance Defending Freedom, and Cecilia Wood argued the bill protects lawyers of faith from an ABA model rule they described as a speech code. No one testified against the bill, and it was left pending. House Bill 4260, which would prohibit county judges and county commissioners from practicing law in courts over which they have jurisdiction, drew opposition from the County Judges and Commissioners Association, which argued existing ethics rules already address conflicts and that the bill would burden rural officials. The author said the bill was prompted by concerns about judges using their office to pressure others. The bill was left pending. House Bill 5134 would limit Rule 202 pre-suit depositions to people who have suffered or reasonably expect actual damages and would allow attorney’s fees against abusive petitioners. The author said the bill is aimed at preventing harassment and fishing expeditions, especially in family-law disputes. Questions focused on how the standard would work and how it differs from current law; the author said the main change is fee-shifting and a clearer legislative directive. The bill was left pending. House Bill 3095, a committee substitute version of a similar uninsured-motorist bill, would bar uninsured motorists from recovering non-economic damages and limit economic recovery, with several exceptions. Trial lawyers argued it was unconstitutional because it capped economic damages and could unfairly affect innocent drivers, pedestrians, and older people who no longer drive. The author acknowledged constitutional concerns and said the bill would need further work; the committee withdrew the substitute and left the bill pending. Finally, House Bill 4388 would require all judges, including county judges who perform administrative duties, to remain subject to the Code of Judicial Conduct. Supporters said some elected judges avoid accountability by relinquishing judicial functions, while opponents argued the bill is too rigid and unnecessary because existing remedies already exist. House Bill 3964 would limit public nuisance claims to their historical role and bar such claims against lawful conduct, conduct already covered by other remedies, and products. The author and supporters said the bill is meant to prevent courts from using public nuisance to make policy, while opponents argued it would eliminate useful remedies and could affect local actions against environmental or product-related harms. The author said the bill would not affect statutory nuisance claims, private nuisance claims, or other causes of action, and would be amended to clarify some provisions. The bill was left pending.
TX

Texas 89th Regular

Judiciary & Civil Jurisprudence Apr 23rd, 2025 at 10:04 am

Judiciary & Civil Jurisprudence

Transcript Highlights:
  • So does your bill say that the judge can’t have an associate judge or a visiting judge that has, right
  • It also helps judges.
  • judges.
  • They said judges are not elected. Judges have lifetime tenure.
  • We've collected salaries for judges, retirement for judges.
Summary: The committee heard testimony on several bills affecting civil practice, judicial conduct, and attorney regulation. HB 4961 and the similar HB 3095 would bar uninsured motorists from recovering non-economic damages after a collision, with HB 3095 also addressing certain exceptions and limiting economic damages in some cases. Supporters said the measures would encourage insurance coverage and fairness for insured drivers, while opponents argued they would unfairly punish injured people who were not responsible for the lack of insurance, including pedestrians, passengers, children, and others. HB 3095 drew constitutional concerns from witnesses, and the committee later withdrew the committee substitute and left the bill pending; HB 4961 was also left pending after questions about its scope, including passengers. HB 5570 would expand a continuing legal education exemption to attorneys appointed by the governor and confirmed by the Senate who serve on boards or commissions. The author and witness said the bill would free up time for public service while still requiring ethics training. A committee member raised a discrepancy in the number of attorneys covered, and the bill was left pending. HB 2969 would prohibit the State Bar from adopting rules or penalties that unreasonably burden attorneys’ religious exercise or free speech, especially in relation to sincerely held religious beliefs. Supporters framed it as a protection for lawyers of faith against an ABA-style speech code, while no one testified in opposition; the bill was left pending. HB 4260 would prohibit county judges and county commissioners from practicing law in courts over which they have jurisdiction. The author described it as an ethics measure to avoid conflicts of interest, but county officials and the County Judges and Commissioners Association opposed it, saying existing ethics rules already address conflicts and that the bill would impose hardships, especially in rural counties. The bill was left pending. HB 4388 would require all judges, including those who serve only in administrative roles, to remain subject to the Code of Judicial Conduct; supporters said some judges avoid discipline by relinquishing judicial functions, while opponents said the bill was unnecessary and could burden county judges who serve as administrators. It was also left pending. The committee also heard HB 5134, which would limit Rule 202 pre-suit depositions to people who have suffered or reasonably expect to suffer actual damages and allow attorney’s fees against abusive petitioners. The author said the bill would curb harassment and fishing expeditions, but members questioned how the standard would work in practice; the bill was left pending. Finally, HB 3964 would narrow common-law public nuisance claims by barring suits over lawful conduct, conduct already addressed by other remedies, and products, while preserving other causes of action. Supporters said the bill would prevent regulation through litigation and protect legislative authority; opponents said it would eliminate important remedies and that no Texas abuse had been shown. The author indicated he would revise the bill, and it was left pending.
TX

Texas 89th Regular

Judiciary & Civil Jurisprudence Apr 23rd, 2025

Judiciary & Civil Jurisprudence

Transcript Highlights:
  • JPs are used in visiting judges that are also candidates against sitting judges.
  • This judge has 24/7 security, and so the...
  • We've talked a lot in this committee about paying judges more, compensating judges more.
  • Appreciate it, Judge.
  • And the fact is, many times, judges, unlike this judge that I respect, do not keep a close leash on receivers
TX

Texas 89th Regular

Jurisprudence Apr 9th, 2025

Jurisprudence

Transcript Highlights:
  • appointment as visiting judges from eight years to six years, prevent visiting judges from practicing
  • Currently, most uncontested probate cases are heard by the county judge.
  • case, the county judge is required to assign the case to a traveling judge.
  • There's only 12 counties with a permanent probate judge. Out of 2,154, there's a...
  • Only 12 counties with a permanent probate judge.
Summary: The committee heard several probate, family law, judicial, property, and contract-related bills. Senate Bill 1335, relating to decedents’ estates, would remove outdated references to a clerk’s certificate, allow courts to remove personal representatives on their own motion with notice by qualified delivery method, and add independent administrators to provisions that referenced only independent executors; an estate-planning attorney testified in support, and the bill was left pending. Senate Bill 1760, concerning guardianship transfer fees and procedures, was described as setting a $45 filing fee for transferred guardianship cases and clarifying completion and dismissal procedures; it received no testimony and was left pending. Senate Bill 2127 would shorten the eligibility period for retired judges to serve as visiting judges from eight years to six, restrict practice in their assigned region for two years, and require conflict-related certification; it also was left pending without testimony. Senate Bill 302 would shift the cost of a traveling probate judge to the requesting estate or parties rather than the county; one witness registered in favor, no one testified, and the bill was left pending. The committee then considered a committee substitute for Senate Bill 252, which would clarify the parental presumption in conservatorship cases, require non-parents seeking relief against a parent to file an affidavit showing significant impairment to the child if relief is denied, require courts to state specific findings when overcoming the presumption, confirm the clear-and-convincing standard, and clarify that agreed prior orders do not defeat the presumption. The substitute was explained as consensus language from a work group, public testimony was reopened, and the bill was left pending. Senate Bill 1734, on deed fraud, would create a streamlined ex parte process for property owners to have fraudulent deeds declared void, modeled on the fraudulent lien statute; county clerk and title association representatives testified that it would provide a low-cost self-help remedy for a growing problem, and the bill was left pending subject to the chair. Senate Bill 1975 would prevent Texas contractors from being forced to litigate disputes in foreign jurisdictions and require disputes to be handled in the county where the project is located; it was presented as a repeat of a previously vetoed bill and was left pending. Finally, the committee took up a substitute for Senate Bill 1940, concerning transfer-on-death style beneficiary designations for manufactured homes. The substitute would allow one or more beneficiaries instead of only one, transfer the interest to surviving designated beneficiaries who survive by 120 hours, extend the application period for transfer to 365 days, void the designation if not timely filed, and require mailing by certified or registered mail with return receipt requested. The substitute was adopted without objection. The committee then recessed subject to the call of the chair.
AL

Alabama 2026 1st Special Session

Alabama House Boards, Agencies and Commissions Committee Feb 4th, 2026

Boards, Agencies and Commissions

Transcript Highlights:
  • We're allowing retired judges and clerks to participate on the board.
  • We're allowing retired judges and clerks to participate on the board. >> Any questions of the members
  • There seem to be some improvement in the communication with the circuit judges or... >> Yeah, correct
  • <00:09:10.480> or >> with the circuit judges or >> with the circuit judges or
  • you're involving some retired judges. you're involving some retired judges.
Bills: HB150
AL

Alabama 2025 Regular Session

Alabama House Judiciary Committee Apr 16th, 2025

Judiciary

Transcript Highlights:
  • I want you to know that I put a tie on for you today, Judge. I recognize it, Mr.
  • , or district judge in the name of the department.
  • Testimony is given through an administrative law judge. Well, that's if there's a hearing.
  • There's not an arbitrator there, whether it be an administrative judge or a judge saying, "I hear your
  • Thank you, Judge. I appreciate it. Oh, you're more than welcome, Miss Lans.
TX
Transcript Highlights:
  • Call up Jordan Parr, who's our LBB presenter, and Presiding Judge David Schenck and Judge David Newell
  • Call up Jordan Parr, who's our LBB presenter, and Presiding Judge David Schenck and Judge David Newell
  • David Schenck and Judge David Newell, Chair of the Judicial and Court Personnel Training Fund.
  • I am Presiding Judge David Schenck. I am four days senior to Chief Justice Blacklock.
  • I am Presiding Judge David Schenck. I am four days senior to Chief Justice Blacklock.
Bills: SB 1
Summary: The Senate Finance Committee convened for its first hearing of the 89th regular session, confirmed a quorum, adopted committee rules by a 15-0 vote, and began review of Senate Bill 1, the state budget for fiscal years 2026-27. Chair Huffman outlined the committee’s organization, introduced staff, and described the budget as conservative and focused on one-time investments. She highlighted major SB 1 priorities including property tax relief, full funding for public education formulas, teacher pay, school safety, border security, Medicaid growth, dementia research, energy and water infrastructure, transportation, wildfire suppression, and other capital and public safety needs. Comptroller Glenn Hager presented the biennial revenue estimate, saying the state has $194.6 billion available for general-purpose spending in 2026-27, with a projected $23.8 billion ending balance from the current biennium. He cautioned that revenue growth is returning to more normal levels and that lawmakers should avoid committing short-term surpluses to ongoing expenses. He also explained that the Economic Stabilization Fund is projected to hit its constitutional cap, meaning an estimated $5.6 billion in severance tax and related revenue would remain in general revenue in the upcoming biennium rather than flow into the fund. Senators discussed whether to raise or rename the fund and the implications of keeping more severance-tax revenue in general revenue. The Legislative Budget Board then gave an overview of SB 1 and the budget’s major funding changes. LBB staff explained that the bill is essentially flat at $332.9 billion in all funds, but includes large method-of-finance shifts and major property tax relief. They detailed how prior property tax relief enacted in the 88th Legislature grew from an estimated $18 billion to $22.7 billion because of higher property values and hold-harmless provisions, and said SB 1 continues that relief with a total of $51 billion in ongoing and new property tax support. Members asked extensive questions about the automatic growth in school tax compression, the constitutional homestead exemption, COVID-era federal funding, Medicaid assumptions, and the sunset of the non-homestead circuit breaker. No additional votes or final budget actions were taken beyond adoption of the committee rules.
TX

Texas 89th Regular

Jurisprudence Mar 26th, 2025

Jurisprudence

Transcript Highlights:
  • Judge Herman? Oh, Judge, I'm sorry we didn't have you on this one. Well, come on.
  • , I mean, sue the judge for gross negligence.
  • Any questions for Judge Herman? Dean, anything? Thank you, Judge. Thank you, Judge.
  • But after speaking with Judge Herman and the probate judges, they did need the original will to go with
  • But after speaking with Judge Herman and the probate judges, they did need the original will to go with
Summary: The Senate Committee on Jurisprudence heard several family-law and probate bills. Senate Bill 2052 would codify a rebuttable presumption that a parent acts in the best interest of a child and require clear and convincing evidence to overcome that presumption in disputes involving non-parents; the author and several witnesses supported the bill as a clarification of existing case law, while one witness suggested refining the modification language. Public testimony was closed and the bill was left pending. The committee also heard Senate Bill 1923, which would allow child support to follow a child placed temporarily with kin or fictive kin under a parental child safety placement or authorization agreement; the bill’s author and a grandparent caregiver testified in support, while one witness suggested the Attorney General could handle the change administratively. That bill was also left pending. Senate Bill 1838 would standardize fee schedules and compensation rules for attorneys ad litem and related court-appointed counsel in DFPS child-protection cases. The author said the bill would clarify unclear current law, and witnesses from the Texas Indigent Defense Commission and family-defense bar supported it, though one asked that expert-witness expenses be expressly included. Senate Bill 387 would raise the bond requirement for county judges handling guardianship proceedings to at least $500,000; the author described it as a refiling of a prior bill that passed unanimously but was vetoed, and a statutory probate judge testified in support. Senate Bill 1839 would require original or paper wills to be delivered to the transferee court when probate proceedings are transferred; the committee substitute broadened the delivery methods, and the district clerk witness supported the change. All three bills were left pending. The committee also took up Senate Bill 1536, which had previously been voted out with the wrong committee substitute; members reconsidered the vote, adopted the corrected substitute, and then voted 3-0 to report the bill favorably to the full Senate, with local and contested calendar certification. Finally, Senate Bill 1940 would create a transfer-on-death mechanism for manufactured homes classified as personal property, similar to existing tools for real property and vehicles; the author and an estate-planning attorney testified that it would streamline transfers and reduce probate costs. A non-substantive committee substitute was still being prepared, and the bill was left pending.
FL

Florida 2025 Regular Session

February 4, 2025 - 12:30 PM

Transcript Highlights:
  • The benefit to the consumer is they're having— ...having an administrative law judge, a judge, review
  • Is that judge here in Tallahassee, or is that— Mr. Chair, you're recognized. Thank you, Chair.
  • There's not very many judges. Thank you, Mr. Chair. Thank you.
  • There's not very many judges. Thank you, Mr. Chair. Thank you.
  • We don't think we're—there's not enough judges, Representative Hart, to send as very many cases over
Summary: The Insurance and Banking Subcommittee received a lengthy presentation from Citizens Property Insurance Corporation CEO Tim Serio, with Insurance Commissioner Michael Yaworski also answering questions. Serio reviewed Citizens’ role as Florida’s insurer of last resort, its statutory funding structure, eligibility rules, depopulation program, reinsurance obligations, and the surcharge/emergency assessment mechanisms that can be used if Citizens runs a deficit. He emphasized that recent legislative reforms, combined with lower litigation and improved market conditions, have helped the private market recover and reduced Citizens’ policy count from a peak of about 1.41 million in 2023 to 936,182 at the end of 2024, with a projected drop to about 771,000 by the end of 2025. He also said the reforms reduced Citizens’ rate need and helped avoid an emergency assessment after the 2024 storms. Members asked about Citizens’ rate increases, why Citizens still seeks higher rates despite lower litigation, how the 20% eligibility threshold works, whether Citizens should be wind-only, and whether the state or federal government could help with deficits. Serio explained that Citizens is still charging below actuarially sound rates in most areas, that rate filings reflect reduced litigation and lower reinsurance exposure, and that assessments on all Florida property policyholders are the reason Citizens tries to build surplus and depopulate. He said the depopulation program is working better than in the past, with less than 2% of takeout policies returning to Citizens, and that the Office of Insurance Regulation has been vetting takeout companies more carefully. A substantial portion of the discussion focused on claims handling after Debby, Helene, and Milton, including flood-versus-wind disputes and Citizens’ use of the Division of Administrative Hearings for some claim disputes. Serio said Citizens had received 76,625 claims from the three storms and had paid nearly $823 million in indemnity and expenses as of January 7, 2025. He said many closed-without-payment claims were either below deductible, withdrawn, duplicate, or flood-only, and that Citizens had asked its internal audit function to independently review the claims data and denials. He also described Citizens’ storm outreach, catastrophe response centers, managed-repair program, and claim review process, and said the corporation remains focused on paying valid claims while minimizing the risk of assessments on the broader Florida market.