GOVERNMENT CODE
CHAPTER 72. OFFICE OF COURT ADMINISTRATION
SUBCHAPTER A. GENERAL PROVISIONS
§ 72.001. DEFINITIONS. In this chapter:
(1) "Court" means any tribunal forming a part of the
judiciary.
(2) "Director" means the administrative director of
the courts appointed as provided by this chapter.
(3) "Office" means the Office of Court Administration
of the Texas Judicial System.
(4) "Trial court" means any tribunal forming a part of
the judiciary, except the supreme court, the court of criminal
appeals, and the courts of appeals, but does not include the
commissioners court of a county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.83(a), eff. Sept. 1, 1987.
§ 72.002. EFFECT ON JUDICIAL DISCRETION. This chapter
or a rule adopted by the supreme court under Section 74.024 does not
authorize an infringement of the judicial discretion of a judge in
the trying of a case properly before his court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.84(a), eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 646, § 5, eff. Aug. 28, 1989.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
§ 72.011. OFFICE OF COURT ADMINISTRATION. (a) The
office of court administration is an agency of the state and
operates under the direction and supervision of the supreme court
and the chief justice of the supreme court.
(b) The office shall exercise the powers and perform the
duties or functions imposed on the office by this chapter or the
supreme court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.85(a), eff. Sept. 1, 1987.
§ 72.012. DIRECTOR. (a) The director shall:
(1) implement this chapter and direct the operations
of the office of court administration; and
(2) as an additional duty of his office, serve as the
executive director of the Texas Judicial Council.
(b) The director shall devote full time to his official
duties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.86(a), eff. Sept. 1, 1987.
SUBCHAPTER C. POWERS AND DUTIES
§ 72.021. BUDGET; EXPENDITURES. (a) The director
shall prepare and submit an estimated budget for the appropriation
of funds necessary for the maintenance and operation of the
judicial system.
(b) The director shall study and recommend expenditures and
savings of funds appropriated for the maintenance and operation of
the judicial system.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.87(a), eff. Sept. 1, 1987.
§ 72.022. PERSONNEL. (a) The director, with the
approval of the chief justice of the supreme court, shall employ the
personnel needed to administer the office, including personnel
needed for the Texas Judicial Council.
(b) The office shall provide staff functions necessary for
the efficient operation of the Texas Judicial Council.
(c) This chapter does not limit the authority of a court to
appoint clerical personnel.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 72.023. CONSULTATION AND ASSISTANCE. (a) The
director shall assist the justices and judges in discharging their
administrative duties.
(b) The director shall consult with the regional presiding
judges and local administrative judges and assist them in
discharging duties imposed by law or by a rule adopted by the
supreme court.
(c) The director, to provide for the efficient
administration of justice, shall consult with and assist:
(1) court clerks;
(2) other court officers or employees; and
(3) clerks or other officers or employees of offices
related to and serving a court.
(d) The director, to provide for uniform administration of
the courts and efficient administration of justice, shall consult
with and make recommendations to administrators and coordinators of
the courts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.88(a), eff. Sept. 1, 1987.
§ 72.024. METHODS; RECOMMENDATIONS. (a) The director
shall examine the judicial dockets, practices, and procedures of
the courts and the administrative and business methods or systems
used in the office of a clerk of a court or in an office related to
and serving a court.
(b) The director shall recommend:
(1) a necessary improvement to a method or system;
(2) a form or other document used to record judicial
business; or
(3) any other change that will promote the efficient
administration of justice.
(c) The director shall recommend to the supreme court
appropriate means to implement this chapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.89(a), eff. Sept. 1, 1987.
§ 72.025. ANNUAL REPORT. (a) The director shall
prepare an annual report of the activities of the office.
(b) The report must be published in the annual report of the
Texas Judicial Council.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 72.026. RULES. The director, under the supervision of
the chief justice, shall implement a rule of administration or
other rules adopted by the supreme court for the efficient
administration of justice.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.90(a), eff. Sept. 1, 1987.
§ 72.027. ADDITIONAL DUTIES. The supreme court or the
chief justice of the supreme court may assign the director duties in
addition to those imposed by this chapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.91(a), eff. Sept. 1, 1987.
§ 72.028. GIFTS, GRANTS, AND DONATIONS. (a) Except as
provided by Subsection (b), the office may request, accept, and
administer gifts, grants, and donations from any source to carry
out the purposes of this chapter.
(b) The office may not request, accept, or administer a
gift, grant, or donation from a law firm, an attorney, an employee
of a law firm or attorney, or the spouse of an attorney or of an
employee of a law firm or an attorney.
(c) In this section, "law firm" means a partnership, limited
liability partnership, or professional corporation organized for
the private practice of law.
Added by Acts 1997, 75th Leg., ch. 183, § 1, eff. Sept. 1, 1997.
SUBCHAPTER D. JUDICIAL LAW CLERK AND STAFF ATTORNEY RECRUITMENT
§ 72.041. DIVERSITY. The judges of the supreme court,
court of criminal appeals, and courts of appeals shall encourage
the recruitment of judicial law clerks and staff attorneys that
reflect the gender, racial, and ethnic diversity of this state.
Added by Acts 1997, 75th Leg., ch. 1327, § 2, eff. Sept. 1, 1997.
§ 72.042. DEMOGRAPHIC CENSUS. (a) The office shall
annually publish a report regarding the demographic profile of the
judicial law clerks and attorneys employed by the courts of this
state.
(b) The office may request that a court provide demographic
information to the office.
Added by Acts 1997, 75th Leg., ch. 1327, § 2, eff. Sept. 1, 1997.
SUBCHAPTER E. COURT PERFORMANCE STANDARDS
§ 72.081. RULES. The office shall adopt rules and forms
for administering this subchapter and for obtaining information
under this subchapter.
Added by Acts 1997, 75th Leg., ch. 1327, § 3, eff. Sept. 1, 1997.
§ 72.082. PERFORMANCE REPORT. The office shall
annually collect and publish a performance report of information
regarding the efficiency of the courts of this state.
Added by Acts 1997, 75th Leg., ch. 1327, § 3, eff. Sept. 1, 1997.
§ 72.083. TRIAL COURTS. The office shall report the
aggregate clearance rate of cases for the district courts. In this
section, "clearance rate" means the number of cases disposed of by
the district courts divided by the number of cases added to the
dockets of the district courts.
Added by Acts 1997, 75th Leg., ch. 1327, § 3, eff. Sept. 1, 1997.
§ 72.084. COURT OF APPEALS. A court of appeals shall
annually report to the office:
(1) the number of cases filed with the court during the
reporting year;
(2) the number of cases disposed of by the court during
the reporting year;
(3) for active cases on the docket of the court on the
reporting date, the average number of days from the date of
submission of the case to the court until the reporting date; and
(4) for each case disposed of during the reporting
year by the court, the number of days from the date of submission of
the case to the court until the date of disposition of the case by
the court.
Added by Acts 1997, 75th Leg., ch. 1327, § 3, eff. Sept. 1, 1997.
§ 72.085. COURT OF CRIMINAL APPEALS. The court of
criminal appeals shall annually report to the office:
(1) the number of cases filed with the court during the
reporting year involving:
(A) capital punishment;
(B) an application for writ of habeas corpus; or
(C) a petition for discretionary review;
(2) the number of cases disposed of by the court during
the reporting year involving:
(A) capital punishment;
(B) an application for writ of habeas corpus; or
(C) a petition for discretionary review;
(3) the average number of days from the date a case was
filed with the court until the reporting date, for each active case
on the docket of the court on the reporting date involving:
(A) capital punishment;
(B) an application for writ of habeas corpus; or
(C) a petition for discretionary review; and
(4) the average number of days from the date a case was
filed with the court until the date the case was disposed of by the
court, for each case disposed of during the reporting year by the
court involving:
(A) capital punishment;
(B) an application for writ of habeas corpus; or
(C) a petition for discretionary review.
Added by Acts 1997, 75th Leg., ch. 1327, § 3, eff. Sept. 1, 1997.
§ 72.086. SUPREME COURT. (a) The supreme court shall
annually report to the office:
(1) the number of cases filed with the court during the
reporting year;
(2) the number of cases disposed of by the court during
the reporting year;
(3) for the active cases on the docket of the court on
the reporting date, the average number of days from the date a case
was filed with the court until the reporting date; and
(4) for the cases disposed of during the reporting
year by the court, the average number of days from the date a case
was filed with the court until the date of release of the court's
opinion for the case or the date the case was otherwise disposed of
by the court.
(b) For cases on the docket of the court during the
reporting year, the supreme court shall annually report to the
office:
(1) the average number of days from the date a case is
filed with the court until the date the court releases an order
announcing its decision granting, overruling, denying, or
dismissing an application, petition, or motion;
(2) the average number of days from the date of the
granting of an application, petition, or motion until the date of
oral argument of the case;
(3) the average number of days from the date of the
oral argument of the case until the date the court issues a signed
opinion and judgment for the case; and
(4) the average number of days from the date of filing
of a case with the court until the date of the release of a per
curiam opinion.
Added by Acts 1997, 75th Leg., ch. 1327, § 3, eff. Sept. 1, 1997.
