Legislation for the Courts

In 2003, Judge Atkinson was asked to chair the newly-formed Criminal Justice Legislative Committee of the Judicial Section of the State Bar of Texas. Legislators were contemplating significant changes in sentencing laws, driven by a desire to best utilize the resources available to the Texas Department of Criminal Justice.

While those issues were policy matters to be decided by the legislative and executive branches of government (the third branch, the judiciary is there to follow those laws, not to create them), the Texas judiciary's leadership wanted to ensure that judges were involved in telling policymakers how proposed initiatives might affect justice in the courtroom. Members of the State Senate and House did receive input from the judiciary regarding these matters, and Judge Atkinson testified at hearings to offer input and answer questions.

Another area of immediate concern to the Texas judiciary involved judicial liability for acts that judges were mandated by legislation to perform, specifically, their duties relative to establishing Community Supervision and Corrections departments. House Bill 1326, which established Judicial Immunity and legal protections when exercising certain, defined duties, was crafted, passed by both chambers and signed by the Governor during the 79th Legislative Session, in 2005.

Judge Atkinson and the Criminal Justice Legislative Committee brought together various players, including the Attorney General's office, the Criminal Justice Assistance Division of the Texas Department of Criminal Justice, and others to work on this project.

In the spring of 2005, Senator John Cornyn sought to address the issue with federal legislation, the purpose also being the protection of judges from lawsuits arising from the performance of lawful, mandated, administrative duties. His Bill amends Chapter 21 of Title 28 of the United State Code.

Senator Cornyn, a former Texas judge, in his floor statement introducing the Bill, said the following, to be recorded in the Congressional Record:

This legislation was drafted with the support of two Texas judges -- the Honorable Dean Rucker, who presides over the 318th Court in Midland, who chairs the Judicial Section of the State Bar of Texas, and the former chairman, the Honorable Mark Atkinson of the Harris County Criminal Court. I want to thank them both for their service to Texas and for their help with this legislation, and I ask unanimous consent that their letter be entered into the record at the close of my remarks.

See also: Judge Mark Atkinson and Judicial Education

Leadership Roles and Awards

Creative Sentencing

Young Offenders

Biographical Sketch