By: Toth H.B. No. 5008
A BILL TO BE ENTITLED
AN ACT
relating to conduct of and complaints against current and former
judges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 33.0212 and 33.0213, Government Code,
are amended to read as follows:
Sec. 33.0212. REPORT AND RECOMMENDATIONS ON FILED
COMPLAINTS. (a) As soon as practicable after a complaint is filed
with the commission, commission staff shall conduct a preliminary
investigation of the filed complaint and draft recommendations for
commission action.
(a-1) On completion of the preliminary investigation and
submission of recommendations under Subsection (a), commission
staff shall provide to the judge who is the subject of the complaint
written notice of:
(1) the complaint, the results of the preliminary
investigation, and the commission staff's recommendations for
commission action regarding the complaint; and
(2) the judge's right to attend each commission
meeting at which the complaint is included in the report filed with
the commission members under Subsection (a-2).
(a-2) Not later than the 10th business day before a
scheduled commission meeting [120th day after the date a complaint
is filed with the commission], commission staff shall prepare and
file with each member of the commission a report detailing:
(1) each complaint for which a preliminary
investigation has been conducted under Subsection (a) but for which
the investigation report has not been finalized under Subsection
(b);
(2) the results of the preliminary investigation of
the complaint; and
(3) the commission staff's recommendations for
commission action regarding the complaint.
(b) Not later than the 120th [90th] day following the date
of the first commission meeting at which a complaint is included in
the report filed with the commission under Subsection (a-2) [staff
files with the commission the report required by Subsection (a)],
the commission shall finalize the investigation report and
determine any action to be taken regarding the complaint,
including:
(1) a public sanction;
(2) a private sanction;
(3) a suspension;
(4) an order of education;
(5) an acceptance of resignation in lieu of
discipline;
(6) a dismissal; or
(7) an initiation of formal proceedings.
(b-1) After the commission meeting at which an
investigation report is finalized and an action is determined under
Subsection (b), the commission shall provide to the judge who is the
subject of a complaint:
(1) written notice of the action to be taken regarding
the complaint not more than 48 hours after the commission meeting;
and
(2) as the commission determines appropriate, notice
of the action to be taken published on the commission's Internet
website not more than 72 hours after the commission meeting.
(c) If, because of extenuating circumstances, the
commission [staff] is unable to finalize an investigation report
and determine the action to be taken regarding a complaint under
Subsection (b) [provide an investigation report and recommendation
to the commission] before the 120th day following the date of the
first [the complaint was filed with the] commission meeting at
which a complaint is included in the report filed with the
commission under Subsection (a-2), the commission may order an
extension[, the staff shall notify the commission and propose the
number of days required for the commission and commission staff to
complete the investigation report and recommendations and finalize
the complaint. The staff may request an extension] of not more than
240 [270] days from the date of the first [the complaint was filed
with the] commission meeting at which a complaint is included in the
report filed with the commission under Subsection (a-2). [The
commission shall finalize the complaint not later than the 270th
day following the date the complaint was filed with the
commission.]
(d) [The executive director may request that the
chairperson grant an additional 120 days to the time provided under
Subsection (c) for the commission and commission staff to complete
the investigation report and recommendations and finalize the
complaint.
[(e)] If the commission orders an extension of time under
Subsection (c) [chairperson grants additional time under
Subsection (d)], the commission must timely inform the legislature
of the extension. The commission may not disclose to the
legislature any confidential information regarding the complaint.
SECTION 2. Section 33.001(b), Government Code, is amended
to read as follows:
(b) For purposes of Section 1-a, Article V, Texas
Constitution, "wilful or persistent conduct that is clearly
inconsistent with the proper performance of a judge's duties"
includes:
(1) wilful, persistent, and unjustifiable failure to
timely execute the business of the court, considering the quantity
and complexity of the business;
(2) wilful violation of a provision of the Texas penal
statutes or the Code of Judicial Conduct;
(3) persistent or wilful violation of the rules
promulgated by the supreme court;
(4) incompetence in the performance of the duties of
the office;
(5) failure to cooperate with the commission; [or]
(6) violation of any provision of a voluntary
agreement to resign from judicial office in lieu of disciplinary
action by the commission; or
(7) persistent or wilful violation of Article 17.15,
Code of Criminal Procedure.
SECTION 3. Section 33.034(a), Government Code, is amended
to read as follows:
(a) A judge who receives from the commission a public
sanction or censure issued by the commission under Section 1-a(8),
Article V, Texas Constitution, that would prohibit the judge from
service as a visiting judge [or any other type of sanction] is
entitled to a review of the commission's decision as provided by
this section. This section does not apply to a decision by the
commission to institute formal proceedings.
SECTION 4. Section 33.037, Government Code, is amended to
read as follows:
Sec. 33.037. SUSPENSION PENDING APPEAL OR FORMAL
PROCEEDINGS. (a) If a judge who is convicted of a felony or a
misdemeanor involving official misconduct appeals the conviction,
the commission shall suspend the judge from office without pay
pending final disposition of the appeal.
(b) If a judge is subject to formal proceedings under
Section 1-a(8), Article V, Texas Constitution, the commission shall
within 15 days following the appointment of a special master
suspend the judge from office without pay pending final disposition
unless the special master recommends otherwise.
(c) If the commission issues a public reprimand of a judge
under Section 1-a(8), Article V, Texas Constitution, for a
violation of Section 33.001(b)(7) or 665.052(b)(4), the reprimand
must include a 60-day suspension without pay.
(d) In the event of a suspension under Subsection (c), the
commission shall notify the governor, the lieutenant governor, the
speaker of the house of representatives, the presiding officers of
the standing committees of each house of the legislature with
applicable jurisdiction, and the comptroller of the suspension.
SECTION 5. Section 74.055(c), Government Code, is amended
to read as follows:
(c) To be eligible to be named on the list, a retired or
former judge must:
(1) have served as an active judge for at least 96
months in a district, statutory probate, statutory county, or
appellate court;
(2) have developed substantial experience in the
judge's area of specialty;
(3) not have been removed from office;
(4) certify under oath to the presiding judge, on a
form prescribed by the state board of regional judges, that:
(A) the judge has never been either:
(i) publicly reprimanded or censured by the
State Commission on Judicial Conduct; or
(ii) publicly reprimanded, sanctioned, or
censured, or any combination of those punishments, more than once,
unless the reprimand, sanction, or censure has been reviewed and
rescinded by a special court of review under Section 33.034; and
(B) the judge:
(i) did not resign or retire from office
after the State Commission on Judicial Conduct notified the judge
of the commencement of a full investigation into an allegation or
appearance of misconduct or disability of the judge as provided in
Section 33.022 and before the final disposition of that
investigation; or
(ii) if the judge did resign from office
under circumstances described by Subparagraph (i), was not publicly
reprimanded or censured as a result of the investigation;
(5) annually demonstrate that the judge has completed
in the past state fiscal year the educational requirements for
active district, statutory probate, and statutory county court
judges; and
(6) certify to the presiding judge a willingness not
to appear and plead as an attorney in any court in this state for a
period of two years.
SECTION 6. Section 665.052(b), Government Code, is amended
to read as follows:
(b) In this section, "incompetency" means:
(1) gross ignorance of official duties;
(2) gross carelessness in the discharge of official
duties; [or]
(3) inability or unfitness to discharge promptly and
properly official duties because of a serious physical or mental
defect that did not exist at the time of the officer's election; or
(4) persistent or wilful violation of Article 17.15,
Code of Criminal Procedure.
SECTION 7. As soon as practicable after the effective date
of this Act, the State Commission on Judicial Conduct shall adopt
rules to implement Section 33.001(b), Government Code, as amended
by this Act.
SECTION 8. The changes in law made by this Act apply only to
an allegation of judicial misconduct received by the State
Commission on Judicial Conduct or the legislature on or after the
effective date of this Act, regardless of whether the conduct or act
that is the subject of the allegation occurred or was committed
before, on, or after the effective date of this Act.
SECTION 9. Section 33.037, Government Code, as amended by
this Act, applies only to a special master appointed to hear a
formal proceeding on or after the effective date of this Act.
SECTION 10. A former or retired judge on a list maintained
by a presiding judge under Section 74.055(a), Government Code, who
is ineligible to be named on the list under Section 74.055(c),
Government Code, as amended by this Act, shall be struck from the
list on the effective date of this Act and may not be assigned to any
court on or after the effective date of this Act.
SECTION 11. This Act takes effect September 1, 2023.