By: Zaffirini S.B. No. 467
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 pending with the
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 pending with the
commission for a year or more for which the commission has not
issued a tentative decision;
(F) the number of complaints referred to law
enforcement;
(G) the number of complaints deferred pending
criminal investigation;
(H) the number of each type of judicial
misconduct or disability that resulted in sanction or censure of a
judge; and
(I) [(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 33.0211(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 any change in the status of the complaint
investigation unless the notice would jeopardize an undercover
investigation.
SECTION 3. Subchapter B, Chapter 33, Government Code, is
amended by adding Sections 33.02114, 33.02115, and 33.02116 to read
as follows:
Sec. 33.02114. COMPLAINT INFORMATION ON COMMISSION
WEBSITE. (a) The commission shall maintain on the commission's
Internet website information on each written complaint filed with
the commission. The information must be in plain language and
include:
(1) instructions on the steps for filing a complaint
with the commission;
(2) a clear and concise description of the complaint
process, from filing to disposition;
(3) a statement that a complainant is not required to
maintain confidentiality of the complaint filed by the complainant;
(4) an index of pending complaint investigations
searchable by complaint number that includes the date the complaint
is received by the commission and the status of the investigation or
review; and
(5) information on each complaint resulting in the
imposition of a public sanction.
(b) The commission may not include on the commission's
Internet website any confidential complaint information.
Sec. 33.02115. SANCTION GUIDELINES. The commission shall
establish guidelines for the imposition of a sanction to ensure
each sanction imposed is proportional to the judicial misconduct.
Sec. 33.02116. COMPLAINT SCHEDULE. The commission shall
establish a schedule outlining times for commission action on a
complaint. The schedule must allow the executive director to
approve an extension of time for complaint disposition due to
extenuating circumstances, including a need for further
investigation.
SECTION 4. This Act takes effect September 1, 2019.