Texas Government Code

§ 22.228 — SPECIAL COMMISSIONER

GV § 22.228Title 2. JUDICIAL BRANCH · Part A. COURTS · Ch. 22. APPELLATE COURTS · Art. C. COURTS OF APPEALS

Statute text

(a)The other justices of a court of appeals shall certify to the governor the following facts when they occur:

(1)a justice of the court of appeals is totally disabled to discharge any of the duties of his office because of physical or mental illness that probably is permanent, has remained in that condition continuously for at least one year, and probably will continue to be incapacitated by the illness for the balance of his term of office; or

(2)a justice of the court of appeals has been called or ordered into the active military service of the United States.

(b)On receipt of a certificate that a justice is disabled or on active military service, the governor shall investigate and verify the facts contained in the certificate. If the governor determines that the appointment of a special commissioner is necessary, he promptly shall appoint a special commissioner who has the qualifications of a member of a court of appeals to assist the court.

(c)A special commissioner may sit with the court, hear arguments on submitted cases, and write opinions on the cases if directed to do so by the court. When the opinion of a special commissioner is adopted by the court of appeals, it becomes the opinion of the court.

(d)A special commissioner appointed by the governor shall receive the same compensation as a regular justice of the courts of appeals.

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Legislative history

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.