Texas House Bill HB1761

Texas 2025 - 89th Regular

• Filed: 1/7/25

Caption

Relating to the discipline of judges by the State Commission on Judicial Conduct, notice of certain reprimands, judicial compensation and related retirement benefits, and the reporting of certain judicial transparency information; authorizing an administrative penalty.

Impact

If passed, HB1761 would significantly impact the existing framework for judicial conduct and accountability by imposing clearer definitions and stricter enforcement mechanisms. The bill would amend sections of the Government Code to include specific actions deemed as misconduct, such as failure to meet statutory deadlines and wilful violations of legal provisions. Furthermore, the bill emphasizes the importance of reporting and maintaining records on complaints and disciplinary actions, which promotes greater transparency within the judicial system.

Summary

House Bill 1761 addresses the discipline of judges by the State Commission on Judicial Conduct in Texas. The bill expands the definitions of misconduct and incompetence for judges, making provisions for wilful or persistent conduct that undermines the proper execution of their duties. It introduces stricter measures regarding how judges are reprimanded, including required notifications of sanctions to various governmental leaders and entities, thereby enhancing transparency in judicial accountability. Additionally, it authorizes administrative penalties for those who file false complaints against judges, aiming to deter frivolous claims.

Contention

Notable points of contention surrounding the bill may include the balance it seeks to strike between ensuring judicial accountability and protecting judges from potential harassment through false complaints. Critics might argue that the measures against false complaints could risk dissuading valid allegations from being reported. Additionally, the requirement for extensive reporting and notification of reprimands could be seen as an excessive burden on the commission and potentially infringe on the confidentiality of judicial proceedings. The discussions around this bill will likely reflect differing opinions on judicial independence and public accountability.

Texas Constitutional Statutes Affected

Government Code

• Chapter 33. State Commission On Judicial Conduct
  • Section: New Section
  • Section: 0212

• Chapter 72. Office Of Court Administration
  • Section: New Section

• Chapter 659. Compensation
  • Section: 012

• Chapter 665. Impeachment And Removal
  • Section: 052

• Chapter 834. Benefits
  • Section: 102