Bill Text: TX SB1931 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to a complaint filed with and sanctions issued by the State Commission on Judicial Conduct.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-20 - Referred to State Affairs [SB1931 Detail]
Download: Texas-2023-SB1931-Introduced.html
By: Zaffirini | S.B. No. 1931 | |
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relating to a complaint filed with and sanctions issued by the State | ||
Commission on Judicial Conduct. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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 48 hours after the commission meeting; | ||
and | ||
(2) as the commission determines appropriate, notice | ||
of the action to be taken published on the commission's Internet | ||
website not more than 72 hours 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 2. Section 33.034(a), Government Code, is amended | ||
to read as follows: | ||
(a) A judge who receives from the commission a public | ||
sanction or censure issued by the commission under Section 1-a(8), | ||
Article V, Texas Constitution, or any other type of public | ||
sanction, including a public admonition or warning, 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. | ||
SECTION 3. Section 33.037, Government Code, is amended to | ||
read as follows: | ||
Sec. 33.037. SUSPENSION PENDING APPEAL OR FORMAL | ||
PROCEEDINGS. (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) If the commission has initiated formal proceedings | ||
against a judge, 10 days after the appointment of a special master, | ||
the commission shall suspend the judge from office without pay | ||
pending final disposition of the formal proceedings unless the | ||
special master determines the suspension is not warranted. | ||
SECTION 4. Section 33.041, Government Code, is amended to | ||
read as follows: | ||
Sec. 33.041. LEGISLATIVE REPORT. (a) The commission | ||
shall prepare a report for the 89th [ |
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any statutory changes that would further improve the commission's | ||
effectiveness, efficiency, and transparency in filing, | ||
investigating, and processing any complaint filed with the | ||
commission. | ||
(b) This section expires September 1, 2025 [ |
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SECTION 5. 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 either: | ||
(i) publicly reprimanded or censured by the | ||
State Commission on Judicial Conduct; or | ||
(ii) publicly reprimanded, sanctioned, or | ||
censured, or any combination of those punishments, more than once, | ||
unless the reprimand, sanction, or censure has been reviewed and | ||
rescinded by a special court of review under Section 33.034; and | ||
(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 6. Section 33.0212, Government Code, as amended by | ||
this Act, applies only to a complaint filed with the State | ||
Commission on Judicial Conduct on or after the effective date of | ||
this Act. A complaint filed before the effective date of this Act is | ||
governed by the law in effect on the date the complaint was filed, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 7. Section 33.037, Government Code, as amended by | ||
this Act, applies only to a special master appointed to hear a | ||
formal proceeding on or after the effective date of this Act. | ||
SECTION 8. 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 9. This Act takes effect September 1, 2023. |