Texas 2013 - 83rd Regular

Texas Senate Bill SB209

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 

Caption

Relating to the functions and operation of the State Commission on Judicial Conduct.

Impact

The bill aims to improve the efficiency and transparency of the State Commission on Judicial Conduct, which has oversight over judicial behavior and discipline. By mandating annual public meetings for public comment on the commission's operations, it enhances stakeholder engagement and accountability. Additionally, SB209 allows for a more structured review of commission operations, thus enabling the commission to assess its efficiency and adapt procedural rules as necessary, potentially leading to better management of judicial misconduct cases.

Summary

SB209 pertains to the functions and operation of the State Commission on Judicial Conduct in Texas. The bill introduces several amendments to the Government Code that enhance the processes through which the commission reviews and sanctions judges. One significant change is the establishment of a review process for judges who receive sanctions, ensuring they have recourse to challenge decisions made against them. This review is structured to provide a trial de novo for sanctions related to informal proceedings, promoting fairness in the adjudication of judicial conduct cases.

Contention

Notably, while the bill seeks to bolster judicial accountability and provide a framework for judge reviews, it may face scrutiny over the balance of power and the practical implications for judicial independence. Critics might argue that frequent reviews and public hearings could lead to politicization of the commission’s decisions or pressure on judges, challenging the integrity of the judiciary. Furthermore, the provisions regarding confidentiality during commission proceedings ensure that sensitive information is protected, yet transparency advocates may call for cautious oversight to avoid shielding misconduct from public scrutiny.

Companion Bills

TX SJR42

Enabling for Proposing a constitutional amendment relating to expanding the types of sanctions that may be assessed against a judge or justice following a formal proceeding instituted by the State Commission on Judicial Conduct.

TX HB1885

Identical Relating to the functions and operation of the State Commission on Judicial Conduct.

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