ORDER NO. 24097 APPROVRL OF ORDER ESTABLISHING AP'P'ELLATE JUDICIAL SYSTEM On this the 28th day of July 1997, upon motion made by Commissioner- Baldwin, seconded by Commissioner Lackey, the Court unanimously approved by a vote of 3-0-0, to appr^ove the Or^der Establishing Rppellate Judicial System. ORDER ESTABLISHING ARPELLATE JUDICIAL SYSTEM WHEREAS, the Texas Legislature in 1997 amended Subchapter^ C, Chapter 22, of the Texas Government code by adding Section 22.2051 effective September 1, 1997;and WHEREAS, section 22.2051 requires the commissioners court of each county in the Fourth Court of Repeals District to establish an appellate .judicial system to:(1) assist the Four^th Co~_ir•t of Appeals in the processing of appeals filed with the co~_irt of appeals fr^om the county courts, county courts, co~_inty courts at law, pr^o bate courts, and district courts;and (2> defr^ay costs and expenses inc~_~r^r^ed by the county under section 22.205 of the Texas Government Code;and WHEREAS, the Commissioner^s Court of Ker^r^ County desires to establish an appellate .judicial system in accor'dance with section 22.2051; NOW, THEREFORE, BE IT: RESOLVED by the Commissioner^s Co~_irt of Kerr County, that pursuant to section 22.2051 of the Texas Government Code, an appellate .j~_~dicial system is hereby established to:(1) assist the Fourth Cour^t of Appeals in the processing of appeals filed with the court of appeals from the co~_~nty cour^t s, co~_inty co~_~rts at l.aw, probate co~_~rts, and district courts;and (2) defray costs and expenses incurred by the county under sect 22.205 of the Texas Government Code;and FURTHER RESOLVED, that a co~_ir^t costs fee is her^eby set in the amount of X5.00 for each civil s~_iite filed in county court, county cour^t at law, probate courts, and distr^ict court in Kerr County, excluding suits filed by the co~_~nty or^ suits for delinquent taxes;and FURTHER RESOLVED, that the cour^t costs fee shall be taxed, collected, and paid as other court costs in a suit ;and FURTHER RESOLVED, that in accordance with section 22.2051(d> of the Texas Gover^nment Code, the clerks of the district cour^ts and county courts of Kerr^ County are hereby directed to collect the court costs fee and pay it to the county officer who per'far^ms the co~_~nty treasurer's functions;and FURTHER RESOLVED, that the county officer who performs the county treasurer's functions is hereby directed to deposit such court costs Fees in a separate appellate .judicial system fund;and FURTHER RESOLVED, that the fees deposited in the appellate .judicial system fund shall be used to assist the Fourth Court of Appeals and for• no other purpose;and FURTHER RE50LVED, that management of the appellate judicial system fund is vested in the chief .justice of the Four^th Court of Appeals in accordance with section E~.EOSltf> of the texas Government Code;and FURTHER RE50LVED, that monies deposited in the appellate judicial system fund shall be forwarded or disbursed in accor^dance with the management plan developed by the chief justice of the Four^th Court of Repeals;and FURTHER RESOLVED, that the county officer who performs the county treasurer's functions is hereby authorized to take all action necessary to implement the appellate .judicial system Band in accordance with the management plan developed by the chief .justice of the Fo~..irth Court of Appeals and section 2,'-_'.2Q~51 of the Texas Government Code. ADOPTED this 8th day of .7u1y, 1997. /s/Robert R. /t/Robert A. County Judge, Densnn Denson Kerr County, Texas /sIH.A. Paldwin Cammissioner•, Precinct 1 /s/Jonathan Letz Commissioner, Precinct 3 /s/T. H. Lackey Commissioner, Precinct '2 ------------------------ Commissioner, Precinct 4 PHIL HARDBERGER CHIEF IUSTICE TOM RICKHOFF ALMA LOPEZ CATHERINE STONE PAUL W. GREEN SARAH B. DUNCAN KAREN ANGELINI IUSTICES Honorable Robert A. Denson Kerr County Judge 700 Main Street Kemille, Texas 78028 Dear Judge Denson: PTE OF s"~j'\~ x r COURT OF APPEALS FOURTH COURT OF APPEALS DISTRICT BEXAR COUNTY IUSTICE CENTER, SUITE 3200 300 LXJLORUSA SAN ANTONIO, TEXAS 79205.3037 July 8, 1997 HERB SCHAEFER CLERK TELEPHONE (210) 220.2635 FACSIMILE NO. (Z10) 220.3762 1~~ 19, ~- ~- For many years the Fourth Court of Appeals district has been the only metropolitan appeals district in Texas that has not had the benefit of a $5 fee on all district and county court civil filings for the use of the appellate court. This past legislative session, the Legislature saw fit to pass a $5 fee for the Fourth Court of Appeals 1 am attaching a copy of the statute as passed and signed into law. The legislation provides for the Fourth Court to decide how much money that we need, but "not more than $5." The money, once collected by the district and county clerks, is to be forwarded to our court of appeals on a monthly basis. After aself-assessment of our needs, our court has decided that we need the full $5 because of gross salary inadequacies for our staff and briefing attorneys compared with the prvate mzrket and other courts of appeals. This will bring us in l:re with Houston, Dallas, and Fort ~~'orth, all of whom are collecting $5. We hope that all of our counties, including yours, will be benefitted by the $5 fee. The truth is we have not been able to keep any of our attorneys more than two or three years because we have been unable to pay an adequate salary. With increased salaries, we should be able to attract and retain a high quality of attorney. Increased attorneys' salaries are not our only need. Some of the monies will be used for continuing legal education for both judges and attorneys, and other money will be used in developing a more advanced technical system to better serve all of our counties. We would appreciate, as I am sure the members of the Legislature would appreciate, your placing this on your commissioners' court agenda within the next thirty days so that we may begin collecting the $5, as the statute provides, for cases being filed after September 1. I am attaching, for July 8, 1997 Page Two your convenience, a proposed form order for the commissioners' court. Of course, should you wish to modify it, please do so. Should there be any questions regarding the collection and forwarding of these fees to our court, please feel free to call the clerk of our court, Herb Schaefer, or myself. I know that this is added paperwork for the district and county clerks, and our entire court is most appreciative of this extra effort. Ultimately, I feel that we will all gain by this new legislation. Sincerely, i .~ ~~ i ~ ' "Phil Hardberger, Chief Justice Fourth Court of Appeals PDH/vab Enclosures cc: Honorable Linda Uecker Kerc County District Clerk 700 Main Street Kemille, Texas 78028 cc: Honorable Patricia Dye Kerr County Clerk 700 Main Street Kerrville, Texas 78028-5389 SB 263 Enrolled version -Bill Text 1-1 1-2 1-3 1-4 1-5 1-6 1-7 1-8 1-9 1-10 1-11 1-12 1-13 1-19 1-15 1-16 1-17 1-18 1-19 1-20 1-21 1-22 1-23 2-1 2-2 2-3 2-4 2-5 2-6 2-7 2-8 2-9 2-10 2-11 2-12 2-13 2-14 2-15 2-16 2-17 2-18 HTTP://www. c a p ito 1. state.tx.us/tl0/75 r/b i I I texUSB 00263 F.HTM AN ACT relating to the creation of an appellate judicial system for the Fourth Court of Appeals District. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SECTION 1. Subchapter C, Chapter 22, Government amended by adding Section 22.2051 to read as follows: Sec. 22.2051. APPELLATE JUDICIAL SYSTEM. (a) als courts; and shall vest mana SECTION 2. This Act takes effect September 1, 1997. SECTION 3. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended. S.B. No. 263 President of the Senate Speaker of the House I hereby certify that S.B. No. 263 passed the Senate on February 19, 1997, by a viva-voce vote; April 23, 1997, Senate refused to concur in House amendment and requested appointment of Conference Committee; April 29, 1997, House granted request of the Senate; May 7, 1997, Senate adopted Conference Committee Report by a viva-voce vote. Secretary of the Senate I hereby certify that S.B. No. 263 passed the House, with amendments, on April 18, 1997, by a non-record vote; April 29, 1997, House granted request of the Senate for appointment of Conference Committee; May 6, 1997, House adopted Conference Committee Report by a non-record vote. Chief Clerk of the House Approved: Governor of anneals for the TEXAS: Code, is The in the (2) defray costs and expenses incurred by the county 1 ORDER ESTABLISHING APPELLATE iTJDI iAL Y TEM WHEREAS, the Texas Legislature in 1997 amended Subchapter C, Chapter 22, of the Texas Government Code by adding Section 22.2051 effective September 1, 1997; and WHEREAS, section 22.2051 requires the commissioners court of each county in the Fourth Court of Appeals District to establish an appellate judicial system to: (1) assist the Fourth Court of Appeals in the processing of appeals filed with the court of appeals from the county courts, county courts at law, probate courts, and district courts; and (2) defray costs and expenses incurred by the county under section 22.205 of the Texas Government Code; and WHEREAS, the Commissioners Court of Kerr County desires to establish an appellate judicial system in accordance with section 22.2051; NOW, THEREFORE, BE IT: RESOLVED by the Commissioners Court of Kerr County, that pursuant to section 22.2051 of the Texas Government Code, an appellate judicial system is hereby established to: (1) assist the Fourth Court of Appeals in the processing of appeals filed with the court of appeals from the county courts, county courts at law, probate courts, and district courts; and (2) defray costs and expenses incurred by the county under section 22.205 of the Texas Government Code; and FURTHER RESOLVED, that a court costs fee is hereby set in the amount of $5.00 for each civil suit filed in county court, county court at law, probate court, or district court in Kerr County, excluding suits filed by the county or suits for delinquent taxes; and FURTHER RESOLVED, that the court costs fee shall be taxed, collected, and paid as other court costs in a suit; and FURTHER RESOLVED, that in accordance with section 22.2051(d) of the Texas Government Code, the clerks of the district courts and county courts of Ken County are hereby directed to collect the court costs fee and pay it to the county officer who performs the county treasurer's functions; and FURTHER RESOLVED, that the county officer who performs the county treasurer's functions is hereby directed to deposit such court costs fees in a separate appellate judicial system fund; and FURTHER RESOLVED, that the fees deposited in the appellate judicial system fund shall be used to assist the Fourth Court of Appeals and for no other purpose; and , FURTHER RESOLVED, that management of the appellate judicial system fund is vested in the chief justice of the Fourth Court of Appeals in accordance with section 22.2051(f) of the Texas Government Code; and FURTHER RESOLVED, that monies deposited in the appellate judicial system fund shall be forwarded or disbursed in accordance with the management plan developed by the chief justice of the Fourth Court of Appeals; and FURTIIER RESOLVED, that the county officer who performs the county treasurer's functions is hereby authorized to take all action necessary to implement the appellate judicial system fund in accordance with the management plan developed by the chief justice of the Fourth Court of Appeals and section 22.2051 of the Texas Government Code. Adopted this 28~'ayof July 1997. ~ vY`1 A. Demon l/ Judge, Kerr County, Texas ~Y Commissio er, Precinct 2 Commissioner, Precinct 4 -2-