Bill Text: TX SB21 | 2023-2024 | 88th Legislature | Comm Sub

Bill Title: Relating to the discipline of judges by the State Commission on Judicial Conduct and the legislature.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2023-05-23 - Postponed 6/1/23 10:00 AM [SB21 Detail]

Download: Texas-2023-SB21-Comm_Sub.html
  88R27278 TSS-F
 
  By: Huffman, et al. S.B. No. 21
 
  (Leach)
 
  Substitute the following for S.B. No. 21:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the discipline of judges by the State Commission on
  Judicial Conduct and the legislature.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 33.001(b), Government Code, is amended
  to read as follows:
         (b)  For purposes of Section 1-a, Article V, Texas
  Constitution, "wilful or persistent conduct that is clearly
  inconsistent with the proper performance of a judge's duties"
  includes:
               (1)  wilful, persistent, and unjustifiable failure to
  timely execute the business of the court, considering the quantity
  and complexity of the business;
               (2)  wilful violation of a provision of the Texas penal
  statutes or the Code of Judicial Conduct;
               (3)  persistent or wilful violation of the rules
  promulgated by the supreme court;
               (4)  incompetence in the performance of the duties of
  the office;
               (5)  failure to cooperate with the commission; [or]
               (6)  violation of any provision of a voluntary
  agreement to resign from judicial office in lieu of disciplinary
  action by the commission; or
               (7)  persistent or wilful violation of Article 17.15,
  Code of Criminal Procedure.
         SECTION 2.  Section 33.0212, Government Code, is amended to
  read as follows:
         Sec. 33.0212.  REPORT AND RECOMMENDATIONS ON FILED
  COMPLAINTS. (a)  As soon as practicable after a complaint is filed
  with the commission, commission staff shall conduct a preliminary
  investigation of the filed complaint and draft recommendations for
  commission action.
         (a-1)  On completion of the preliminary investigation and
  submission of recommendations under Subsection (a), commission
  staff shall provide to the judge who is the subject of the complaint
  written notice of:
               (1)  the complaint, the results of the preliminary
  investigation, and the commission staff's recommendations for
  commission action regarding the complaint; and
               (2)  the judge's right to attend each commission
  meeting at which the complaint is included in the report filed with
  the commission members under Subsection (a-2). 
         (a-2)  Not later than the 10th business day before a
  scheduled commission meeting [120th day after the date a complaint
  is filed with the commission], commission staff shall prepare and
  file with each member of the commission a report detailing:
               (1)  each complaint for which a preliminary
  investigation has been conducted under Subsection (a) but for which
  the investigation report has not been finalized under Subsection
  (b);
               (2)  the results of the preliminary investigation of
  the complaint; and
               (3)  the commission staff's recommendations for
  commission action regarding the complaint.
         (b)  Not later than the 120th [90th] day following the date
  of the first commission meeting at which a complaint is included in
  the report filed with the commission under Subsection (a-2) [staff
  files with the commission the report required by Subsection (a)],
  the commission shall finalize the investigation report and
  determine any action to be taken regarding the complaint,
  including:
               (1)  a public sanction;
               (2)  a private sanction;
               (3)  a suspension;
               (4)  an order of education;
               (5)  an acceptance of resignation in lieu of
  discipline;
               (6)  a dismissal; or
               (7)  an initiation of formal proceedings.
         (b-1)  After the commission meeting at which an
  investigation report is finalized and an action is determined under
  Subsection (b), the commission shall provide to the judge who is the
  subject of a complaint: 
               (1)  written notice of the action to be taken regarding
  the complaint not more than five business days after the commission
  meeting; and
               (2)  as the commission determines appropriate,
  published notice of the action to be taken by posting the notice on
  the commission's Internet website not more than seven business days
  after the commission meeting.
         (c)  If, because of extenuating circumstances, the
  commission [staff] is unable to finalize an investigation report
  and determine the action to be taken regarding a complaint under
  Subsection (b) [provide an investigation report and recommendation
  to the commission] before the 120th day following the date of the
  first [the complaint was filed with the] commission meeting at
  which a complaint is included in the report filed with the
  commission under Subsection (a-2), the commission may order an
  extension [the staff shall notify the commission and propose the
  number of days required for the commission and commission staff to
  complete the investigation report and recommendations and finalize
  the complaint.  The staff may request an extension] of not more
  than 240 [270] days from the date of the first [the complaint was
  filed with the] commission meeting at which a complaint is included
  in the report filed with the commission under Subsection
  (a-2). [The commission shall finalize the complaint not later than
  the 270th day following the date the complaint was filed with the
  commission.]
         (d)  [The executive director may request that the
  chairperson grant an additional 120 days to the time provided under
  Subsection (c) for the commission and commission staff to complete
  the investigation report and recommendations and finalize the
  complaint.
         [(e)]  If the commission orders an extension of time under
  Subsection (c) [chairperson grants additional time under
  Subsection (d)], the commission must timely inform the legislature
  of the extension.  The commission may not disclose to the
  legislature any confidential information regarding the complaint.
         SECTION 3.  Section 33.0213, Government Code, is amended to
  read as follows:
         Sec. 33.0213.  NOTIFICATION OF LAW ENFORCEMENT AGENCY
  INVESTIGATION. On notice by any law enforcement agency
  investigating an action for which a complaint has been filed with
  the commission, the commission:
               (1)  may place the commission's complaint file on hold
  and decline any further investigation that would jeopardize the law
  enforcement agency's investigation; or
               (2)  shall [. The commission may] continue an
  investigation that would not jeopardize a law enforcement
  investigation regarding the conduct subject to the complaint and
  may issue a censure or sanction based on the complaint.
         SECTION 4.  Section 33.034, Government Code, is amended by
  amending Subsection (a) and adding Subsection (j) to read as
  follows:
         (a)  A judge who receives from the commission a sanction or
  censure issued by the commission under Section 1-a(8), Article V,
  Texas Constitution, may request [or any other type of sanction is
  entitled to] a review of the commission's decision as provided by
  this section. This section does not apply to a decision by the
  commission to institute formal proceedings.
         (j)  If the commission issues a public reprimand of a judge
  based on the judge's persistent or wilful violation of Article
  17.15, Code of Criminal Procedure, the commission shall send notice
  of the reprimand to:
               (1)  the governor; 
               (2)  the lieutenant governor; 
               (3)  the speaker of the house of representatives; 
               (4)  the presiding officers of each legislative
  standing committee with jurisdiction over the judiciary;
               (5)  the chief justice of the supreme court;
               (6)  the Office of Court Administration of the Texas
  Judicial System; and
               (7)  the presiding judge of the administrative judicial
  region in which the court the reprimanded judge serves is located.
         SECTION 5.  Section 33.037, Government Code, is amended to
  read as follows:
         Sec. 33.037.  SUSPENSION FROM OFFICE [PENDING APPEAL]. (a)
  If a judge who is convicted of a felony or a misdemeanor involving
  official misconduct appeals the conviction, the commission shall
  suspend the judge from office without pay pending final disposition
  of the appeal.
         (b)  Not later than the 21st day after the date the
  commission initiates formal proceedings against a judge based on
  the judge's persistent or wilful violation of Article 17.15, Code
  of Criminal Procedure, the commission shall recommend to the
  supreme court that the judge be suspended from office pursuant to
  Section 1-a, Article V, Texas Constitution.
         SECTION 6.  Section 74.055(c), Government Code, is amended
  to read as follows:
         (c)  To be eligible to be named on the list, a retired or
  former judge must:
               (1)  have served as an active judge for at least 96
  months in a district, statutory probate, statutory county, or
  appellate court;
               (2)  have developed substantial experience in the
  judge's area of specialty;
               (3)  not have been removed from office;
               (4)  certify under oath to the presiding judge, on a
  form prescribed by the state board of regional judges, that:
                     (A)  the judge has never been publicly reprimanded
  or censured by the State Commission on Judicial Conduct, excluding
  any reprimand or censure that was reviewed and rescinded by a
  special court of review under Section 33.034;
                     (B)  the judge has not received more than one of
  any other type of public sanction, excluding any sanction that was
  reviewed and rescinded by a special court of review under Section
  33.034; and
                     (C) [(B)]  the judge:
                           (i)  did not resign or retire from office
  after the State Commission on Judicial Conduct notified the judge
  of the commencement of a full investigation into an allegation or
  appearance of misconduct or disability of the judge as provided in
  Section 33.022 and before the final disposition of that
  investigation; or
                           (ii)  if the judge did resign from office
  under circumstances described by Subparagraph (i), was not publicly
  reprimanded or censured as a result of the investigation;
               (5)  annually demonstrate that the judge has completed
  in the past state fiscal year the educational requirements for
  active district, statutory probate, and statutory county court
  judges; and
               (6)  certify to the presiding judge a willingness not
  to appear and plead as an attorney in any court in this state for a
  period of two years.
         SECTION 7.  Section 665.052(b), Government Code, is amended
  to read as follows:
         (b)  In this section, "incompetency" means:
               (1)  gross ignorance of official duties;
               (2)  gross carelessness in the discharge of official
  duties; [or]
               (3)  inability or unfitness to discharge promptly and
  properly official duties because of a serious physical or mental
  defect that did not exist at the time of the officer's election; or
               (4)  persistent or wilful violation of Article 17.15,
  Code of Criminal Procedure.
         SECTION 8.  As soon as practicable after the effective date
  of this Act, the State Commission on Judicial Conduct shall adopt
  rules to implement Section 33.001(b), Government Code, as amended
  by this Act.
         SECTION 9.  Sections 33.001(b) and 665.052(b), Government
  Code, as amended by this Act, apply only to  an allegation of
  judicial misconduct received by the State Commission on Judicial
  Conduct or the legislature on or after the effective date of this
  Act, regardless of whether the conduct or act that is the subject of
  the allegation occurred or was committed before, on, or after the
  effective date of this Act.
         SECTION 10.  A former or retired judge on a list maintained
  by a presiding judge under Section 74.055(a), Government Code, who
  is ineligible to be named on the list under Section 74.055(c),
  Government Code, as amended by this Act, shall be struck from the
  list on the effective date of this Act and may not be assigned to any
  court on or after the effective date of this Act.
         SECTION 11.  This Act takes effect September 1, 2023.

LegiScan Search

View Top 50 Searches

Select area of search.
Find an exact bill number.
Search bill text and data. [help]
Reset

LegiScan Trends

View Top 50 National

CA SB1243 Campaign contributions: agency officers.
PA HB2084 Further providing for definitions, for license application and for storage,...
PA SB1303 Further providing for definitions; and making editorial changes.
MI HB5938 Insurance: health insurers; methods of payments and reimbursements for...
US HB9764 Catching Up Family Caregivers Act of 2024
DE SB308 An Act To Amend Title 5 Of The Delaware Code Relating To The Uniform Special...
US SB5257 Ensuring Justice for Camp Lejeune Victims Act of 2024
US SB5067 Disaster Survivors Fairness Act of 2024
LA HB10 Provides for the rate of the state sales and use tax and provides for the...
AL HB17 Motor vehicles; prohibitions on the alteration of the height of the fender...
feedback