This section lets parties or county judges arrange for a qualified person to handle a case or serve as a temporary justice when a justice of the peace is unavailable, and it limits what the temporary justice may do.
Sec. 27.055. SPECIAL AND TEMPORARY JUSTICES. (a) If a justice of the peace is disqualified from a civil case, is sick, or is absent from the precinct, the parties may agree on a person to try the case. If the parties fail to agree at the first term of the court after service is perfected, the county judge shall, on application of the justice or either party, appoint a qualified person to try the case. The disqualification, absence, or illness of the justice and the selection by agreement or appointment of another person to try the case shall be noted on the docket of the justice. (b) If a justice is temporarily unable to perform official duties because of absence, recusal, illness, injury, or other disability, the county judge, on the judge's own motion or at the request of the justice of the peace, may appoint a qualified person to serve as temporary justice for the duration of the absence of the justice of the peace from the bench. The commissioners court shall compensate the temporary justice by the day, week, or month in an amount equal to the compensation of the regular justice. If the temporary justice is also serving as a justice of the peace in another justice precinct in the county, the commissioners court may authorize reimbursement for the mileage expenses incurred in performing the official duties of the temporary justice's appointment, notwithstanding Chapter 152, Local Government Code. A temporary justice has all the rights and powers of the justice of the peace while serving in that capacity but may not make personnel decisions about, or significant changes in, the justice of the peace's office. (c) In this section, "qualified person" means a person who has served as a justice of the peace, county judge, or the judge of a county court at law for not less than four years and who has not been convicted of a criminal offense that involves moral turpitude. (d) A person appointed under Subsection (b) or (f) may reside in a county other than the county in which the person is appointed as a temporary justice of the peace. (e) The county judge may appoint any qualified voter under Section 11.002, Election Code, who has experience and knowledge relevant to judicial or justice court processes and procedures and is approved by the county judge and a justice of the peace in the county, to serve as a temporary justice of the peace if the judge cannot find a qualified person who agrees to serve under this section. (f) In a county that has a population of more than 800,000 and that has not more than five justices of the peace, the county judge may appoint a qualified person to serve as a temporary justice of the peace to hold court when necessary to dispose of accumulated business in the precinct. The county judge may designate the local administrative statutory county court judge to act on behalf of the county judge in making the appointment under this subsection. (g) This subsection applies to a county with a population of at least 135,000 but not more than 145,000, with territory less than 940 square miles that includes a state park, and with not more than two justice precincts provided that at least one of the precincts contains all or part of a municipality with a population of at least 195,000 but not more than 205,000. The county judge of a county to which this subsection applies may appoint a qualified person to serve as a temporary justice of the peace for the precinct within which a municipality or part of a municipality is located to hold court and perform the duties of the justice when necessary to dispose of accumulated business in the precinct. Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 716, Sec. 1, eff. Sept. 1, 1995. Amended by: Acts 2005, 79th Leg., Ch. 1326 (H.B. 3519), Sec. 1, eff. September 1, 2005. Acts 2015, 84th Leg., R.S., Ch. 1182 (S.B. 1139), Sec. 7.01, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 236 (H.B. 431), Sec. 1, eff. May 29, 2017. Acts 2019, 86th Leg., R.S., Ch. 1151 (H.B. 3081), Sec. 1, eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 343 (H.B. 2430), Sec. 1, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 35, eff. September 1, 2023.