Video & Transcript Research : 'statutory judge'

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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

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 Senate Bill 1335, relating to decedents’ estates, would remove outdated references to a clerk’s certificate, allow courts to remove personal representatives on their own motion with notice by qualified delivery method, and add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.
TX

Texas 89th Regular

Jurisprudence Mar 26th, 2025

Jurisprudence

Transcript Highlights:
  • I'm Guy Herman, statutory probate court judge here in Travis County.
  • I happen to be the presiding statutory probate court judge.
  • like the rest of the statutory probate court judges?'
  • And I send out a lot of statutory probate court judges to these rural counties because they ask me to
  • Any questions for Judge Herman? Dean, anything? Thank you, Judge. Thank you, Judge.
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.
TX

Texas 89th Regular

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

S/C on Family & Fiduciary Relationships

Transcript Highlights:
  • I'm Guy Herman, presiding statutory probate court judge, and I want to thank our representative for working
  • The chair calls Judge Guy Herman, who has testified. for the bill representing the statutory probate
  • Statutory probate court judges, which are in the large. Ten largest metropolitan areas.
  • Chair calls Judge Guy Hermann, who is testifying. or the bill, and representing the statutory probate
  • Chair calls Judge Guy Herman. and the Texas statutory probate courts and testifying for them. bill. get
TX
Transcript Highlights:
  • Judge Herman. Oh Judge, I'm sorry we didn't have you on this one.
  • I'm Guy Herman statutory probate court judge here in Travis County.
  • I happen to be the presiding statutory probate court judge.
  • probate court judges.
  • And I send out a lot of statutory probate court judges to these rural counties because they ask. me to
TX

Texas 89th 2nd C.S.

Judiciary & Civil Jurisprudence May 14th, 2025

Judiciary & Civil Jurisprudence

Transcript Highlights:
  • Chair calls Guy Herman, Judge Herman, and Ed Heimlich. Mr. Herman, Judge Herman, and Ed Heimlich.
  • Judge Herman, I have you here on behalf of the statutory probate judges of Texas and yourself registered
  • I'm Guy Herman, presiding statutory probate court judge here in the state of Texas. Thank you.
  • Okay, thank you, Judge. Members, any questions for Judge Herman?
  • , statutory county court judges, associate judges, master referees, and magistrate judges.
Bills: SB1015, SB2933
Summary: The Committee on Judiciary and Civil Jurisprudence heard testimony on Senate Bill 1015, which would clarify that the comptroller is responsible for distributing excess judicial fund payments back to statutory probate courts. Judge Guy Herman testified in support, saying the bill would help ensure probate courts receive funding they are entitled to, while Ed Heimlich testified against the bill with broad criticism of probate courts and judicial practices. The committee then heard Senate Bill 2933, which would add elder abuse training to required judicial education for several categories of judges and judicial officers; Dr. Bruce Hargrave supported the bill, citing the prevalence and underreporting of elder abuse and the need for judges to recognize warning signs. No votes were taken on either of those bills, and SB 2933 was left pending. The committee then reconsidered Senate Bill 38, an eviction-related bill, and Vice Chair Hayes described two agreed floor amendments: one limiting the summary disposition procedure to forcible entry and detainer cases involving squatters, and another requiring a notice to pay rent or vacate for tenants who had been timely payers but missed a payment. After discussion, the committee voted 6-4 to report SB 38 without amendments. The committee also adopted or advanced a series of other bills and resolutions, including SB 293, SB 1141, SB 1448, SB 1536, SB 1558, SB 1838, SB 1940, SB 2127, SB 53, SB 251, SB 311, SB 387, SB 441 (with a substitute), SB 1164, SB 1335, SB 1574 (with a substitute), SB 1719, SB 1760, SB 1839, SB 1923 (with a substitute), SB 2807, and SJR 27 (with a substitute). Most measures were reported favorably on largely party-line or near-unanimous votes, with a few close votes on SB 942, SB 311, SB 2807, and SJR 27. SB 942, relating to retroactive child support beginning at conception, initially failed 5-5 but was reconsidered and then passed 6-5. The committee adjourned after completing its agenda.
TX

Texas 89th Regular

Judiciary & Civil Jurisprudence May 14th, 2025

Judiciary & Civil Jurisprudence

Transcript Highlights:
  • Judge Herman, I have you here on behalf of the statutory probate judges of Texas and yourself registered
  • I'm Guy Herman, presiding statutory probate court judge here in the state of Texas. Thank you.
  • Guy Herman, presiding statutory probate court judge here in the state of Texas.
  • Okay, thank you, Judge. Members, any questions for Judge Herman?
  • , statutory county court judges, associate judges, master referees, and magistrate judges.
Bills: SB1015, SB2933
TX

Texas 89th Regular

Judiciary & Civil Jurisprudence Apr 2nd, 2025

Judiciary & Civil Jurisprudence

Transcript Highlights:
  • I see that you've found the three-judge panel.
  • I have a lot of support from Judge Cliff Brown.
  • I think two hours for judges is important, because we had judges that wanted to be here today.
  • But they can't because they're judging.
  • retired judges come in.
TX

Texas 89th Regular

Judiciary & Civil Jurisprudence Apr 2nd, 2025

Judiciary & Civil Jurisprudence

Transcript Highlights:
  • However, the judge judge decided to take my rights away in specific terms.
  • Judge Herman, I've got you here on behalf of the Statutory.
  • It's presiding statutory probate court judge to send a statutory probate court judge to hear probate
  • probate court judges to hear statutory probate type cases, but to...
  • Thank you, Judge.
US
Transcript Highlights:
  • I'm confident that Judge Vaden and Mr.
  • As a judge on the U.S.
  • I think the judge laid it out perfectly.
  • My first question is going to be for Judge Vaden.
  • might come before me as a judge is good or bad.
Summary: The meeting focused on the nominations of Judge Stephen Alexander Vaden for Deputy Secretary of Agriculture and Mr. Tyler Clarkson for General Counsel at the USDA. Members expressed concerns regarding the challenges farmers and ranchers face, especially in navigating the impacts of recent tariffs imposed by the President. Significant attention was given to how these nominations could influence agriculture policy and support rural communities amidst economic uncertainty. The committee emphasized the necessity for strong leadership in the USDA to advocate for farmer needs and ensure the proper implementation of assistance programs.
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