| 1 | 1 | | 85R12312 SRS-F |
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| 2 | 2 | | By: Cain H.B. No. 3135 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of the State Commission on Judicial |
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| 8 | 8 | | Conduct to discipline judges. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 33.001, Government Code, is amended by |
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| 11 | 11 | | amending Subsection (b) and adding Subsection (e) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (b) For purposes of Section 1-a, Article V, Texas |
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| 14 | 14 | | Constitution, "wilful or persistent conduct that is clearly |
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| 15 | 15 | | inconsistent with the proper performance of a judge's duties" |
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| 16 | 16 | | includes: |
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| 17 | 17 | | (1) wilful, persistent, and unjustifiable failure to |
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| 18 | 18 | | timely execute the business of the court, considering the quantity |
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| 19 | 19 | | and complexity of the business; |
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| 20 | 20 | | (2) wilful violation of a provision of the Texas penal |
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| 21 | 21 | | statutes or the Code of Judicial Conduct; |
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| 22 | 22 | | (3) except as provided by Subsection (e), persistent |
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| 23 | 23 | | or wilful violation of the rules promulgated by the supreme court, |
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| 24 | 24 | | including a canon of the Code of Judicial Conduct; |
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| 25 | 25 | | (4) incompetence in the performance of the duties of |
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| 26 | 26 | | the office; |
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| 27 | 27 | | (5) except as provided by Subsection (e), failure to |
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| 28 | 28 | | cooperate with the commission; or |
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| 29 | 29 | | (6) violation of any provision of a voluntary |
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| 30 | 30 | | agreement to resign from judicial office in lieu of disciplinary |
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| 31 | 31 | | action by the commission. |
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| 32 | 32 | | (e) For purposes of this chapter and Section 1-a(6), Article |
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| 33 | 33 | | V, Texas Constitution, a judge is not subject to any disciplinary |
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| 34 | 34 | | action, investigation, censure, or sanction for criticizing or |
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| 35 | 35 | | refusing to follow an action or ruling of a federal court. A |
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| 36 | 36 | | judge's criticism of or refusal to follow an action or ruling of a |
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| 37 | 37 | | federal court is considered the judge's right to freedom of speech, |
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| 38 | 38 | | protected under Section 8, Article I, Texas Constitution. |
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| 39 | 39 | | SECTION 2. The changes in law made by this Act apply only to |
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| 40 | 40 | | an allegation of judicial misconduct received by the State |
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| 41 | 41 | | Commission on Judicial Conduct on or after the effective date of |
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| 42 | 42 | | this Act, regardless of whether the conduct or act that is the |
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| 43 | 43 | | subject of the allegation occurred or was committed before, on, or |
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| 44 | 44 | | after the effective date of this Act. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2017. |
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