2647 AMH CARR AYAL 4

HB 2647 - H AMD

By Representative Carrell

     On page 1, beginning on line 6, after "tempore" strike all material through "judge" on line 9, and insert the following:  "((, who must be a member of the bar, agreed upon in writing by the parties litigant, or their attorneys of record, approved by the court, and sworn to try the case; and his)) either: (1) With the agreement of the parties if the judge pro tempore is a member of the bar, is agreed upon in writing by the parties litigant or their attorneys of record, and is approved by the court and sworn to try the case; or (2) Without the agreement of the parties if the judge pro tempore is a sitting elected judge and is acting as a judge pro tempore pursuant to supreme court rule.  The supreme court rule must require assignments of judges pro tempore based on the judges= experience and must provide for the right, exercisable once during a case, to a change of judge pro tempore.  Such right shall be in addition to any other rights provided by law"

EFFECT: (1) Specifically states that a judge pro tempore can be appointed without the consent of the parties; and (2) sets out the requirement that the supreme court rule consider the experience of the judge pro tempore, and give a litigant the right to exercise one change of judge pro tempore, in addition to an affidavit of prejudice, during a case.