| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to the procedures of the State Commission on Judicial |
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| 6 | 8 | | Conduct. |
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| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 10 | | SECTION 1. Section 33.005(b), Government Code, is amended |
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| 9 | 11 | | to read as follows: |
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| 10 | 12 | | (b) The report must include: |
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| 11 | 13 | | (1) an explanation of the role of the commission; |
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| 12 | 14 | | (2) annual statistical information for the preceding |
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| 13 | 15 | | fiscal year, including: |
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| 14 | 16 | | (A) the number of complaints received by the |
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| 15 | 17 | | commission alleging judicial misconduct or disability; |
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| 16 | 18 | | (B) the number of complaints dismissed without |
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| 17 | 19 | | commission action other than investigation because the evidence did |
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| 18 | 20 | | not support the allegation or appearance of judicial misconduct or |
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| 19 | 21 | | disability; |
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| 20 | 22 | | (C) the number of complaints dismissed without |
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| 21 | 23 | | commission action other than investigation because the facts |
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| 22 | 24 | | alleged did not constitute judicial misconduct or disability; |
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| 23 | 25 | | (D) the number of complaints dismissed without |
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| 24 | 26 | | commission action other than investigation because the allegation |
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| 25 | 27 | | or appearance of judicial misconduct or disability was determined |
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| 26 | 28 | | to be unfounded or frivolous; |
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| 27 | 29 | | (E) the number of complaints pending with the |
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| 28 | 30 | | commission for a year or more for which the commission has not |
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| 29 | 31 | | issued a tentative decision; |
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| 30 | 32 | | (F) the number of complaints referred to law |
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| 31 | 33 | | enforcement; |
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| 32 | 34 | | (G) the number of each type of judicial |
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| 33 | 35 | | misconduct or disability that resulted in sanction or censure of a |
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| 34 | 36 | | judge; and |
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| 35 | 37 | | (H) [(F)] examples of improper judicial conduct; |
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| 36 | 38 | | (3) an explanation of the commission's processes; and |
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| 37 | 39 | | (4) changes the commission considers necessary in its |
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| 38 | 40 | | rules or the applicable statutes or constitutional provisions. |
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| 39 | 41 | | SECTION 2. Section 33.0211(b), Government Code, is amended |
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| 40 | 42 | | to read as follows: |
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| 41 | 43 | | (b) The commission, [at least quarterly] until final |
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| 42 | 44 | | disposition of the complaint, shall notify the person filing the |
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| 43 | 45 | | complaint of any change in the status of the complaint |
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| 44 | 46 | | investigation unless the notice would jeopardize an undercover |
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| 45 | 47 | | investigation. |
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| 46 | 48 | | SECTION 3. Subchapter B, Chapter 33, Government Code, is |
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| 47 | 49 | | amended by adding Sections 33.02114, 33.02115, and 33.02116 to read |
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| 48 | 50 | | as follows: |
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| 49 | 51 | | Sec. 33.02114. COMPLAINT INFORMATION ON COMMISSION |
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| 50 | 52 | | WEBSITE. (a) The commission shall maintain on the commission's |
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| 51 | 53 | | Internet website information written in plain language on: |
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| 52 | 54 | | (1) the steps for filing a complaint with the |
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| 53 | 55 | | commission; |
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| 54 | 56 | | (2) the complaint process, including a clear and |
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| 55 | 57 | | concise description of the process from filing to disposition; |
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| 56 | 58 | | (3) confidentiality, including a statement that a |
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| 57 | 59 | | complainant is not required to maintain confidentiality of the |
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| 58 | 60 | | complaint filed by the complainant; and |
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| 59 | 61 | | (4) each complaint resulting in the imposition of a |
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| 60 | 62 | | public sanction. |
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| 61 | 63 | | (b) The commission may not include on the commission's |
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| 62 | 64 | | Internet website any confidential complaint information. |
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| 63 | 65 | | Sec. 33.02115. SANCTION GUIDELINES. The commission shall |
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| 64 | 66 | | establish guidelines for the imposition of a sanction to ensure |
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| 65 | 67 | | each sanction imposed is proportional to the judicial misconduct. |
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| 66 | 68 | | Sec. 33.02116. COMPLAINT SCHEDULE. The commission shall |
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| 67 | 69 | | establish a schedule outlining times for commission action on a |
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| 68 | 70 | | complaint. The schedule must allow the executive director to |
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| 69 | 71 | | approve an extension of time for complaint disposition due to |
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| 70 | 72 | | extenuating circumstances, including a need for further |
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| 71 | 73 | | investigation. |
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| 72 | 74 | | SECTION 4. This Act takes effect September 1, 2019. |
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