By: Huffman, Nichols S.J.R. No. 42
(In the Senate - Filed March 4, 2013; March 12, 2013, read
first time and referred to Committee on Jurisprudence;
April 17, 2013, reported favorably by the following vote: Yeas 5,
Nays 0; April 17, 2013, sent to printer.)
SENATE JOINT RESOLUTION
proposing a constitutional amendment relating to the sanctions that
may be assessed against a judge or justice following a formal
proceeding instituted by the State Commission on Judicial Conduct.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (8), Section 1-a, Article V, Texas
Constitution, is amended to read as follows:
(8) After such investigation as it deems necessary,
the Commission may in its discretion issue a private or public
admonition, warning, reprimand, or requirement that the person
obtain additional training or education, or if the Commission
determines that the situation merits such action, it may institute
formal proceedings and order a formal hearing to be held before it
concerning [the public censure, removal, or retirement of] a person
holding an office or position specified in Subsection (6) of this
Section, or it may in its discretion request the Supreme Court to
appoint an active or retired District Judge or Justice of a Court of
Appeals, or retired Judge or Justice of the Court of Criminal
Appeals or the Supreme Court, as a Master to hear and take evidence
in the [any such] matter, and to report thereon to the Commission.
The Master shall have all the power of a District Judge in the
enforcement of orders pertaining to witnesses, evidence, and
procedure. If, after formal hearing, or after considering the
record and report of a Master, the Commission finds good cause
therefor, it shall issue an order of public admonition, warning,
reprimand, censure, or requirement that the person holding an
office or position specified in Subsection (6) of this Section
obtain additional training or education, or it shall recommend to a
review tribunal the removal or retirement, as the case may be, of
the person [in question holding an office or position specified in
Subsection (6) of this Section] and shall thereupon file with the
tribunal the entire record before the Commission.
SECTION 2. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 83rd Legislature,
Regular Session, 2013, relating to the sanctions that may be
assessed against a judge or justice following a formal proceeding
instituted by the State Commission on Judicial Conduct.
(b) The amendment to Section 1-a(8), Article V, of this
constitution takes effect January 1, 2014, and applies only to a
formal proceeding instituted by the State Commission on Judicial
Conduct on or after that date.
(c) This temporary provision expires January 1, 2016.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 5, 2013.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment relating to the
sanctions that may be assessed against a judge or justice following
a formal proceeding instituted by the State Commission on Judicial
Conduct."
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