By: Zaffirini S.B. No. 1763
A BILL TO BE ENTITLED
AN ACT
relating to the procedures of the State Commission on Judicial
Conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.005(b), Government Code, is amended
to read as follows:
(b) The report must include:
(1) an explanation of the role of the commission;
(2) annual statistical information for the preceding
fiscal year, including:
(A) the number of complaints received by the
commission alleging judicial misconduct or disability;
(B) the number of complaints dismissed without
commission action other than investigation because the evidence did
not support the allegation or appearance of judicial misconduct or
disability;
(C) the number of complaints dismissed without
commission action other than investigation because the facts
alleged did not constitute judicial misconduct or disability;
(D) the number of complaints dismissed without
commission action other than investigation because the allegation
or appearance of judicial misconduct or disability was determined
to be unfounded or frivolous;
(E) the number of complaints filed with the
commission for a year or longer for which the commission has not
issued a tentative decision;
(F) the number of cases that have been referred
to law enforcement;
(G) the number of each type of judicial
misconduct or disability that resulted in sanction or censure of a
judge; and
(H) [(F)] examples of improper judicial conduct;
(3) an explanation of the commission's processes; and
(4) changes the commission considers necessary in its
rules or the applicable statutes or constitutional provisions.
SECTION 2. Section 33.008, Government Code, is amended to
read as follows:
Sec. 33.008. JUDICIAL MISCONDUCT INFORMATION. (a) The
commission shall routinely provide to entities that provide
education to judges information relating to judicial misconduct
resulting in sanctions or orders of additional education issued by
the commission. The commission shall categorize the information by
level of judge and type of misconduct.
(b) The commission shall provide online access, without
providing confidential information, to a nonfrivolous complaint's
status, including whether the complaint:
(1) is under investigation;
(2) is under commission consideration; or
(3) has been adjudicated.
(c) The commission shall include on its website a statement
informing the public that complainants are not required to maintain
confidentiality with regard to their complaints.
SECTION 3. Section 33.0211(b), Government Code, is amended
to read as follows:
(b) The commission, [at least quarterly] until final
disposition of the complaint, shall notify the person filing the
complaint of a change of [the] status in [of] the investigation of
the complaint unless the notice would jeopardize an undercover
investigation.
SECTION 4. Subchapter B, Chapter 33, Government Code, is
amended by adding Sections 33.02115 and 33.02116 to read as
follows:
Sec. 33.02115. SANCTION GUIDELINES. The commission shall
publish guidelines to provide for a sanction to be proportional to
the misconduct.
Sec. 33.02116. TIME FRAME. The commission shall establish
guidelines outlining when the commission should take action on a
complaint. The time frame must allow the executive director to
approve an extension of a deadline due to extenuating
circumstances, including a necessity for further investigation.
SECTION 5. This Act takes effect September 1, 2017.