Texas 2009 - 81st Regular

Texas Senate Bill SB1436 Compare Versions

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Old	New	Differences
1	1	S.B. No. 1436
2	2
3	3
4	4	AN ACT
5	5	relating to the appeal of a censure issued by the State Commission
6	6	on Judicial Conduct.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subdivision (11), Section 33.001, Government
9	9	Code, is amended to read as follows:
10	10	(11) "Special court of review" means a panel of three
11	11	justices of the courts of appeal selected by lot by the chief
12	12	justice of the supreme court on petition to review a censure or
13	13	sanction issued by the commission under Section 1-a(8), Article V,
14	14	Texas Constitution.
15	15	SECTION 2. Section 33.034, Government Code, is amended by
16	16	amending Subsections (a), (d), (e), (f), and (g) and adding
17	17	Subsection (e-1) to read as follows:
18	18	(a) A judge who receives from the commission any type of
19	19	sanction, or a censure issued by the commission under Section
20	20	1-a(8), Article V, Texas Constitution, is entitled to a review of
21	21	the commission's decision as provided by this section. This
22	22	section does not apply to a decision by the commission to institute
23	23	formal proceedings.
24	24	(d) Within 15 days after the appointment of the court of
25	25	review, the commission shall file with the clerk a charging
26	26	document that includes, as applicable, a copy of the censure or
27	27	sanction issued and any additional charges to be considered by the
28	28	court of review [in the de novo proceeding]. The charging document
29	29	is public on its filing with the clerk. On receipt of the filing of
30	30	the charging document, the clerk shall send the charging document
31	31	to the judge who is the subject of the document and to each justice
32	32	on the court of review.
33	33	(e) The review by the court under this section:
34	34	(1) of a censure is a review of the record of the
35	35	proceedings that resulted in the censure and is based on the law and
36	36	facts that were presented in the proceedings and any additional
37	37	evidence that the court in its discretion may, for good cause shown,
38	38	permit; and
39	39	(2) of a sanction is by trial de novo as that term is
40	40	used in the appeal of cases from justice to county court.
41	41	(e-1) Any hearings of the court shall be public and shall be
42	42	held at the location determined by the court. Any evidence
43	43	introduced during a hearing, including papers, records, documents,
44	44	and pleadings filed with the clerk in the proceedings, is public.
45	45	(f) Except as otherwise provided by this section, the
46	46	procedure for the review of a sanction is governed to the extent
47	47	practicable by the rules of law, evidence, and procedure that apply
48	48	to the trial of civil actions generally.
49	49	(g) A judge is not entitled to a trial by jury in a review of
50	50	a sanction under this section.
51	51	SECTION 3. The change in law made by this Act applies only
52	52	to a censure issued by the State Commission on Judicial Conduct
53	53	under Subdivision (8), Section 1-a, Article V, Texas Constitution,
54	54	on or after the effective date of this Act. A censure issued before
55	55	the effective date of this Act is governed by the law in effect on
56	56	the date the censure was issued, and the former law is continued in
57	57	effect for that purpose.
58	58	SECTION 4. This Act takes effect immediately if it receives
59	59	a vote of two-thirds of all the members elected to each house, as
60	60	provided by Section 39, Article III, Texas Constitution. If this
61	61	Act does not receive the vote necessary for immediate effect, this
62	62	Act takes effect September 1, 2009.
63	63	______________________________ ______________________________
64	64	President of the Senate Speaker of the House
65	65	I hereby certify that S.B. No. 1436 passed the Senate on
66	66	April 16, 2009, by the following vote: Yeas 31, Nays 0.
67	67	______________________________
68	68	Secretary of the Senate
69	69	I hereby certify that S.B. No. 1436 passed the House on
70	70	May 27, 2009, by the following vote: Yeas 148, Nays 0, one
71	71	present not voting.
72	72	______________________________
73	73	Chief Clerk of the House
74	74	Approved:
75	75	______________________________
76	76	Date
77	77	______________________________
78	78	Governor