| 3 | 2 | | |
|---|
| 4 | 3 | | |
|---|
| 5 | 4 | | A BILL TO BE ENTITLED |
|---|
| 6 | 5 | | AN ACT |
|---|
| 7 | 6 | | relating to the procedures of the State Commission on Judicial |
|---|
| 8 | 7 | | Conduct. |
|---|
| 9 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 9 | | SECTION 1. Section 33.005(b), Government Code, is amended |
|---|
| 11 | 10 | | to read as follows: |
|---|
| 12 | 11 | | (b) The report must include: |
|---|
| 13 | 12 | | (1) an explanation of the role of the commission; |
|---|
| 14 | 13 | | (2) annual statistical information for the preceding |
|---|
| 15 | 14 | | fiscal year, including: |
|---|
| 16 | 15 | | (A) the number of complaints received by the |
|---|
| 17 | 16 | | commission alleging judicial misconduct or disability; |
|---|
| 18 | 17 | | (B) the number of complaints dismissed without |
|---|
| 19 | 18 | | commission action other than investigation because the evidence did |
|---|
| 20 | 19 | | not support the allegation or appearance of judicial misconduct or |
|---|
| 21 | 20 | | disability; |
|---|
| 22 | 21 | | (C) the number of complaints dismissed without |
|---|
| 23 | 22 | | commission action other than investigation because the facts |
|---|
| 24 | 23 | | alleged did not constitute judicial misconduct or disability; |
|---|
| 25 | 24 | | (D) the number of complaints dismissed without |
|---|
| 26 | 25 | | commission action other than investigation because the allegation |
|---|
| 27 | 26 | | or appearance of judicial misconduct or disability was determined |
|---|
| 28 | 27 | | to be unfounded or frivolous; |
|---|
| 29 | 28 | | (E) the number of complaints before the |
|---|
| 30 | 29 | | commission that have been pending for a year or longer for which the |
|---|
| 31 | 30 | | commission has not issued a tentative decision; |
|---|
| 32 | 31 | | (F) the number of complaints that have been |
|---|
| 33 | 32 | | referred to law enforcement; |
|---|
| 34 | 33 | | (G) the number of each type of judicial |
|---|
| 35 | 34 | | misconduct or disability that resulted in sanction or censure of a |
|---|
| 36 | 35 | | judge; and |
|---|
| 37 | 36 | | (H) [(F)] examples of improper judicial conduct; |
|---|
| 38 | 37 | | (3) an explanation of the commission's processes; and |
|---|
| 39 | 38 | | (4) changes the commission considers necessary in its |
|---|
| 40 | 39 | | rules or the applicable statutes or constitutional provisions. |
|---|
| 41 | 40 | | SECTION 2. Section 33.008, Government Code, is amended to |
|---|
| 42 | 41 | | read as follows: |
|---|
| 43 | 42 | | Sec. 33.008. JUDICIAL MISCONDUCT INFORMATION. (a) The |
|---|
| 44 | 43 | | commission shall routinely provide to entities that provide |
|---|
| 45 | 44 | | education to judges information relating to judicial misconduct |
|---|
| 46 | 45 | | resulting in sanctions or orders of additional education issued by |
|---|
| 47 | 46 | | the commission. The commission shall categorize the information by |
|---|
| 48 | 47 | | level of judge and type of misconduct. |
|---|
| 49 | 48 | | (b) The commission shall provide online access, without |
|---|
| 50 | 49 | | providing any confidential information, to information about each |
|---|
| 51 | 50 | | adjudicated complaint that resulted in a sanction being issued. |
|---|
| 52 | 51 | | The information provided must include the judge's name and whether |
|---|
| 53 | 52 | | the complaint resulted in a: |
|---|
| 54 | 53 | | (1) public sanction; or |
|---|
| 55 | 54 | | (2) private sanction. |
|---|
| 56 | 55 | | (c) The commission shall post on the commission's Internet |
|---|
| 57 | 56 | | website a statement that a complainant is not required to maintain |
|---|
| 58 | 57 | | confidentiality of a complaint filed by the complainant. |
|---|
| 59 | 58 | | SECTION 3. Section 33.0211(b), Government Code, is amended |
|---|
| 60 | 59 | | to read as follows: |
|---|
| 61 | 60 | | (b) The commission, [at least quarterly] until final |
|---|
| 62 | 61 | | disposition of the complaint, shall notify the person filing the |
|---|
| 63 | 62 | | complaint of any change in the status of the investigation of the |
|---|
| 64 | 63 | | complaint unless the notice would jeopardize an undercover |
|---|
| 65 | 64 | | investigation. |
|---|
| 66 | 65 | | SECTION 4. Subchapter B, Chapter 33, Government Code, is |
|---|
| 67 | 66 | | amended by adding Sections 33.02115 and 33.02116 to read as |
|---|
| 68 | 67 | | follows: |
|---|
| 69 | 68 | | Sec. 33.02115. SANCTION GUIDELINES. The commission shall |
|---|
| 70 | 69 | | establish guidelines to provide for a sanction to be proportional |
|---|
| 71 | 70 | | to the misconduct. |
|---|
| 72 | 71 | | Sec. 33.02116. TIME FRAME. The commission shall establish |
|---|
| 73 | 72 | | a time frame outlining when the commission should take action on a |
|---|
| 74 | 73 | | complaint. The time frame must allow the executive director to |
|---|
| 75 | 74 | | approve an extension of a deadline due to extenuating |
|---|
| 76 | 75 | | circumstances, including a need for further investigation. |
|---|
| 77 | 76 | | SECTION 5. This Act takes effect September 1, 2017. |
|---|