Texas 2023 - 88th Regular

Texas House Bill HB5008 Compare Versions

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Version 2 (New)

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1	1	By: Toth H.B. No. 5008
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to conduct of and complaints against current and former
7	7	judges.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 33.0212 and 33.0213, Government Code,
10	10	are amended to read as follows:
11	11	Sec. 33.0212. REPORT AND RECOMMENDATIONS ON FILED
12	12	COMPLAINTS. (a) As soon as practicable after a complaint is filed
13	13	with the commission, commission staff shall conduct a preliminary
14	14	investigation of the filed complaint and draft recommendations for
15	15	commission action.
16	16	(a-1) On completion of the preliminary investigation and
17	17	submission of recommendations under Subsection (a), commission
18	18	staff shall provide to the judge who is the subject of the complaint
19	19	written notice of:
20	20	(1) the complaint, the results of the preliminary
21	21	investigation, and the commission staff's recommendations for
22	22	commission action regarding the complaint; and
23	23	(2) the judge's right to attend each commission
24	24	meeting at which the complaint is included in the report filed with
25	25	the commission members under Subsection (a-2).
26	26	(a-2) Not later than the 10th business day before a
27	27	scheduled commission meeting [120th day after the date a complaint
28	28	is filed with the commission], commission staff shall prepare and
29	29	file with each member of the commission a report detailing:
30	30	(1) each complaint for which a preliminary
31	31	investigation has been conducted under Subsection (a) but for which
32	32	the investigation report has not been finalized under Subsection
33	33	(b);
34	34	(2) the results of the preliminary investigation of
35	35	the complaint; and
36	36	(3) the commission staff's recommendations for
37	37	commission action regarding the complaint.
38	38	(b) Not later than the 120th [90th] day following the date
39	39	of the first commission meeting at which a complaint is included in
40	40	the report filed with the commission under Subsection (a-2) [staff
41	41	files with the commission the report required by Subsection (a)],
42	42	the commission shall finalize the investigation report and
43	43	determine any action to be taken regarding the complaint,
44	44	including:
45	45	(1) a public sanction;
46	46	(2) a private sanction;
47	47	(3) a suspension;
48	48	(4) an order of education;
49	49	(5) an acceptance of resignation in lieu of
50	50	discipline;
51	51	(6) a dismissal; or
52	52	(7) an initiation of formal proceedings.
53	53	(b-1) After the commission meeting at which an
54	54	investigation report is finalized and an action is determined under
55	55	Subsection (b), the commission shall provide to the judge who is the
56	56	subject of a complaint:
57	57	(1) written notice of the action to be taken regarding
58	58	the complaint not more than 48 hours after the commission meeting;
59	59	and
60	60	(2) as the commission determines appropriate, notice
61	61	of the action to be taken published on the commission's Internet
62	62	website not more than 72 hours after the commission meeting.
63	63	(c) If, because of extenuating circumstances, the
64	64	commission [staff] is unable to finalize an investigation report
65	65	and determine the action to be taken regarding a complaint under
66	66	Subsection (b) [provide an investigation report and recommendation
67	67	to the commission] before the 120th day following the date of the
68	68	first [the complaint was filed with the] commission meeting at
69	69	which a complaint is included in the report filed with the
70	70	commission under Subsection (a-2), the commission may order an
71	71	extension[, the staff shall notify the commission and propose the
72	72	number of days required for the commission and commission staff to
73	73	complete the investigation report and recommendations and finalize
74	74	the complaint. The staff may request an extension] of not more than
75	75	240 [270] days from the date of the first [the complaint was filed
76	76	with the] commission meeting at which a complaint is included in the
77	77	report filed with the commission under Subsection (a-2). [The
78	78	commission shall finalize the complaint not later than the 270th
79	79	day following the date the complaint was filed with the
80	80	commission.]
81	81	(d) [The executive director may request that the
82	82	chairperson grant an additional 120 days to the time provided under
83	83	Subsection (c) for the commission and commission staff to complete
84	84	the investigation report and recommendations and finalize the
85	85	complaint.
86	86	[(e)] If the commission orders an extension of time under
87	87	Subsection (c) [chairperson grants additional time under
88	88	Subsection (d)], the commission must timely inform the legislature
89	89	of the extension. The commission may not disclose to the
90	90	legislature any confidential information regarding the complaint.
91	91	SECTION 2. Section 33.001(b), Government Code, is amended
92	92	to read as follows:
93	93	(b) For purposes of Section 1-a, Article V, Texas
94	94	Constitution, "wilful or persistent conduct that is clearly
95	95	inconsistent with the proper performance of a judge's duties"
96	96	includes:
97	97	(1) wilful, persistent, and unjustifiable failure to
98	98	timely execute the business of the court, considering the quantity
99	99	and complexity of the business;
100	100	(2) wilful violation of a provision of the Texas penal
101	101	statutes or the Code of Judicial Conduct;
102	102	(3) persistent or wilful violation of the rules
103	103	promulgated by the supreme court;
104	104	(4) incompetence in the performance of the duties of
105	105	the office;
106	106	(5) failure to cooperate with the commission; [or]
107	107	(6) violation of any provision of a voluntary
108	108	agreement to resign from judicial office in lieu of disciplinary
109	109	action by the commission; or
110	110	(7) persistent or wilful violation of Article 17.15,
111	111	Code of Criminal Procedure.
112	112	SECTION 3. Section 33.034(a), Government Code, is amended
113	113	to read as follows:
114	114	(a) A judge who receives from the commission a public
115	115	sanction or censure issued by the commission under Section 1-a(8),
116	116	Article V, Texas Constitution, that would prohibit the judge from
117	117	service as a visiting judge [or any other type of sanction] is
118	118	entitled to a review of the commission's decision as provided by
119	119	this section. This section does not apply to a decision by the
120	120	commission to institute formal proceedings.
121	121	SECTION 4. Section 33.037, Government Code, is amended to
122	122	read as follows:
123	123	Sec. 33.037. SUSPENSION PENDING APPEAL OR FORMAL
124	124	PROCEEDINGS. (a) If a judge who is convicted of a felony or a
125	125	misdemeanor involving official misconduct appeals the conviction,
126	126	the commission shall suspend the judge from office without pay
127	127	pending final disposition of the appeal.
128	128	(b) If a judge is subject to formal proceedings under
129	129	Section 1-a(8), Article V, Texas Constitution, the commission shall
130	130	within 15 days following the appointment of a special master
131	131	suspend the judge from office without pay pending final disposition
132	132	unless the special master recommends otherwise.
133	133	(c) If the commission issues a public reprimand of a judge
134	134	under Section 1-a(8), Article V, Texas Constitution, for a
135	135	violation of Section 33.001(b)(7) or 665.052(b)(4), the reprimand
136	136	must include a 60-day suspension without pay.
137	137	(d) In the event of a suspension under Subsection (c), the
138	138	commission shall notify the governor, the lieutenant governor, the
139	139	speaker of the house of representatives, the presiding officers of
140	140	the standing committees of each house of the legislature with
141	141	applicable jurisdiction, and the comptroller of the suspension.
142	142	SECTION 5. Section 74.055(c), Government Code, is amended
143	143	to read as follows:
144	144	(c) To be eligible to be named on the list, a retired or
145	145	former judge must:
146	146	(1) have served as an active judge for at least 96
147	147	months in a district, statutory probate, statutory county, or
148	148	appellate court;
149	149	(2) have developed substantial experience in the
150	150	judge's area of specialty;
151	151	(3) not have been removed from office;
152	152	(4) certify under oath to the presiding judge, on a
153	153	form prescribed by the state board of regional judges, that:
154	154	(A) the judge has never been either:
155	155	(i) publicly reprimanded or censured by the
156	156	State Commission on Judicial Conduct; or
157	157	(ii) publicly reprimanded, sanctioned, or
158	158	censured, or any combination of those punishments, more than once,
159	159	unless the reprimand, sanction, or censure has been reviewed and
160	160	rescinded by a special court of review under Section 33.034; and
161	161	(B) the judge:
162	162	(i) did not resign or retire from office
163	163	after the State Commission on Judicial Conduct notified the judge
164	164	of the commencement of a full investigation into an allegation or
165	165	appearance of misconduct or disability of the judge as provided in
166	166	Section 33.022 and before the final disposition of that
167	167	investigation; or
168	168	(ii) if the judge did resign from office
169	169	under circumstances described by Subparagraph (i), was not publicly
170	170	reprimanded or censured as a result of the investigation;
171	171	(5) annually demonstrate that the judge has completed
172	172	in the past state fiscal year the educational requirements for
173	173	active district, statutory probate, and statutory county court
174	174	judges; and
175	175	(6) certify to the presiding judge a willingness not
176	176	to appear and plead as an attorney in any court in this state for a
177	177	period of two years.
178	178	SECTION 6. Section 665.052(b), Government Code, is amended
179	179	to read as follows:
180	180	(b) In this section, "incompetency" means:
181	181	(1) gross ignorance of official duties;
182	182	(2) gross carelessness in the discharge of official
183	183	duties; [or]
184	184	(3) inability or unfitness to discharge promptly and
185	185	properly official duties because of a serious physical or mental
186	186	defect that did not exist at the time of the officer's election; or
187	187	(4) persistent or wilful violation of Article 17.15,
188	188	Code of Criminal Procedure.
189	189	SECTION 7. As soon as practicable after the effective date
190	190	of this Act, the State Commission on Judicial Conduct shall adopt
191	191	rules to implement Section 33.001(b), Government Code, as amended
192	192	by this Act.
193	193	SECTION 8. The changes in law made by this Act apply only to
194	194	an allegation of judicial misconduct received by the State
195	195	Commission on Judicial Conduct or the legislature on or after the
196	196	effective date of this Act, regardless of whether the conduct or act
197	197	that is the subject of the allegation occurred or was committed
198	198	before, on, or after the effective date of this Act.
199	199	SECTION 9. Section 33.037, Government Code, as amended by
200	200	this Act, applies only to a special master appointed to hear a
201	201	formal proceeding on or after the effective date of this Act.
202	202	SECTION 10. A former or retired judge on a list maintained
203	203	by a presiding judge under Section 74.055(a), Government Code, who
204	204	is ineligible to be named on the list under Section 74.055(c),
205	205	Government Code, as amended by this Act, shall be struck from the
206	206	list on the effective date of this Act and may not be assigned to any
207	207	court on or after the effective date of this Act.
208	208	SECTION 11. This Act takes effect September 1, 2023.