By: Watson S.B. No. 1436
A BILL TO BE ENTITLED
AN ACT
relating to the appeal of a censure issued by the State Commission
on Judicial Conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (11), Section 33.001, Government
Code, is amended to read as follows:
(11) "Special court of review" means a panel of three
justices of the courts of appeal selected by lot by the chief
justice of the supreme court on petition to review a censure or
sanction issued by the commission under Section 1-a(8), Article V,
Texas Constitution.
SECTION 2. Section 33.034, Government Code, is amended by
amending Subsections (a), (d), (e), (f), and (g) and adding
Subsection (e-1) to read as follows:
(a) A judge who receives from the commission any type of
sanction, or a censure issued by the commission under Section
1-a(8), Article V, Texas Constitution, 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.
(d) Within 15 days after the appointment of the court of
review, the commission shall file with the clerk a charging
document that includes, as applicable, a copy of the censure or
sanction issued and any additional charges to be considered by the
court of review [in the de novo proceeding]. The charging document
is public on its filing with the clerk. On receipt of the filing of
the charging document, the clerk shall send the charging document
to the judge who is the subject of the document and to each justice
on the court of review.
(e) The review by the court under this section:
(1) of a censure is a review of the record of the
proceedings that resulted in the censure and is based on the law and
facts that were presented in the proceedings and any additional
evidence that the court in its discretion may, for good cause shown,
permit; and
(2) of a sanction is by trial de novo as that term is
used in the appeal of cases from justice to county court.
(e-1) Any hearings of the court shall be public and shall be
held at the location determined by the court. Any evidence
introduced during a hearing, including papers, records, documents,
and pleadings filed with the clerk in the proceedings, is public.
(f) Except as otherwise provided by this section, the
procedure for the review of a sanction is governed to the extent
practicable by the rules of law, evidence, and procedure that apply
to the trial of civil actions generally.
(g) A judge is not entitled to a trial by jury in a review of
a sanction under this section.
SECTION 3. The change in law made by this Act applies only
to a censure issued by the State Commission on Judicial Conduct
under Subdivision (8), Section 1-a, Article V, Texas Constitution,
on or after the effective date of this Act. A censure issued before
the effective date of this Act is governed by the law in effect on
the date the censure was issued, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.