RULES OF JUDICIAL ADMINISTRATION
RULE ___. VISITING JUDGE PEER REVIEW.
____ Definitions. In this rule:
(a) Peer Review Committee means a committee established under Section _______ of this rule.
(b) Presiding Judge means the presiding judge of an administrative judicial region.
(c) Visiting Judge means a retired or former judge who is eligible for assignment under Section 74.055, Government Code.
____ Peer Review Committee.
(a) Membership. The presiding judge must appoint at least five persons to serve as members of a peer review committee. The peer review committee's membership must adhere to a ratio of 2/5 active judges, 2/5 citizen members who are members of the State Bar of Texas, and 1/5 citizen members who are not licensed to practice law.
(b) Terms. A member of the peer review committee serves a term of two years. The presiding judge may re-appoint a person to the committee whose term has expired.
(c) Expenses. A member of the peer review committee may not receive compensation for service on the committee. The presiding judge may use regional funds to reimburse a member for actual and necessary expenses incurred in the performance of committee duties under this rule.
(d) Rules and Procedures. The presiding judge may promulgate rules and procedures that are reasonably necessary to comply with this rule including procedures for obtaining comments about the performance of a visiting judge. The presiding judge may delegate to the peer review committee the authority to adopt procedures that are reasonably necessary for the performance of the committee's duties under this rule.
____ Duties of Peer Review Committee.
(a) Biennial Review. The peer review committee must conduct a biennial review of the performance of each visiting judge who is eligible for assignment in the region. For purposes of this rule, a visiting judge is subject to review as follows:
(1) for a judge whose last year of active service ended in an even-numbered year, the next even-numbered year and every two years afterward; or
(2) for a judge whose last year of active service ended in an odd-numbered year, the next odd-numbered year and every two years afterward.
(b) Considerations. The peer review committee must consider the following factors in evaluating the visiting judge's performance:
(1) the visiting judge's temperament and demeanor;
(2) the visiting judge's mental and perceptual capacity;
(3) the visiting judge's knowledge of law and procedure; and
(4) any other factor that may be relevant in evaluating judicial performance.
(c) Written comments or other information. In considering the factors in Subsection (b), the peer review committee must consider information submitted by:
(1) the presiding judge;
(2) any sitting judge in whose court the visiting judge's services were performed;
(3) any member of the bar who has participated in a case before the visiting judge;
(4) court staff and personnel who have worked with the visiting judge during the visiting judge's assignment; and
(5) any public citizen who resides in the region where the visiting judge is assigned or has formerly presided.
(d) Response by Visiting Judge. Before the peer review committee makes an unfavorable recommendation to the presiding judge, the committee must notify the visiting judge in writing and give the visiting judge an opportunity to respond to its proposed recommendation. The committee shall simultaneously forward a copy of the written notice to the presiding judge. The peer review committee may not reveal the name of any person who submits comments or other evaluative information under this rule.
(e) Committee Recommendation. Not later than the 30th day after the peer review committee completes its review, the committee must make a written recommendation to the presiding judge stating only whether the visiting judge should or should not continue to be assigned by the presiding judge. The committee must provide additional information to the presiding judge upon request of the presiding judge. Upon receipt of the recommendation, the presiding judge must forward copies of the recommendation to the administrative director of the Office of Court Administration and to the visiting judge. The administrative director shall retain a copy of a recommendation that is issued to the presiding judge for public inspection.
____ Reconsideration by Committee.
(a) Request for Reconsideration. A visiting judge who receives a recommendation that the visiting judge not continue to be assigned may submit a written request for reconsideration by the peer review committee not earlier than the 180th day after the date that the committee issued its recommendation.
(b) Amendment of Recommendation. If at any time the peer review committee determines that a recommendation submitted under this rule should be amended, the committee shall send the amended recommendation to the presiding judge. The presiding judge shall promptly forward a copy of the committee's amended recommendation to the visiting judge and to the administrative director of the Office of Court Administration. The administrative director shall retain a copy of the amended recommendation for public inspection.
____ Confidentiality.
(a) Except as otherwise provided by this rule or by statute, all written and oral communications made to a peer review committee and the records and proceedings of the peer review committee are confidential.
(b) For purposes of Rule 12, Rules of Judicial Administration, information that is collected in connection with a peer review committee's evaluation of a visiting judge's performance is not a judicial record.