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. | ||
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| 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; [ |
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| (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 [ |
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| 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 [ |
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| of the first commission meeting at which a complaint is included in | ||
| the report filed with the commission under Subsection (a-2) [ |
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| 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 [ |
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| and determine the action to be taken regarding a complaint under | ||
| Subsection (b) [ |
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| first [ |
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| which a complaint is included in the report filed with the | ||
| commission under Subsection (a-2), the commission may order an | ||
| extension [ |
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| than 240 [ |
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| in the report filed with the commission under Subsection | ||
| (a-2). [ |
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| (d) [ |
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| [ |
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| Subsection (c) [ |
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| 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 [ |
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| 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 [ |
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| 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 [ |
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| 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) [ |
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| (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; [ |
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| (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. | ||
