Texas 2023 - 88th Regular

Texas Senate Bill SB1931 Compare Versions

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1	1	By: Zaffirini S.B. No. 1931
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a complaint filed with and sanctions issued by the State
7	7	Commission on Judicial Conduct.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 33.0212, Government Code, is amended to
10	10	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
75	75	than 240 [270] days from the date of the first [the complaint was
76	76	filed with the] commission meeting at which a complaint is included
77	77	in the report filed with the commission under Subsection
78	78	(a-2). [The commission shall finalize the complaint not later than
79	79	the 270th 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 33.034(a), Government Code, is amended
92	92	to read as follows:
93	93	(a) A judge who receives from the commission a public
94	94	sanction or censure issued by the commission under Section 1-a(8),
95	95	Article V, Texas Constitution, or any other type of public
96	96	sanction, including a public admonition or warning, is entitled to
97	97	a review of the commission's decision as provided by this section.
98	98	This section does not apply to a decision by the commission to
99	99	institute formal proceedings.
100	100	SECTION 3. Section 33.037, Government Code, is amended to
101	101	read as follows:
102	102	Sec. 33.037. SUSPENSION PENDING APPEAL OR FORMAL
103	103	PROCEEDINGS. (a) If a judge who is convicted of a felony or a
104	104	misdemeanor involving official misconduct appeals the conviction,
105	105	the commission shall suspend the judge from office without pay
106	106	pending final disposition of the appeal.
107	107	(b) If the commission has initiated formal proceedings
108	108	against a judge, 10 days after the appointment of a special master,
109	109	the commission shall suspend the judge from office without pay
110	110	pending final disposition of the formal proceedings unless the
111	111	special master determines the suspension is not warranted.
112	112	SECTION 4. Section 33.041, Government Code, is amended to
113	113	read as follows:
114	114	Sec. 33.041. LEGISLATIVE REPORT. (a) The commission
115	115	shall prepare a report for the 89th [88th] Legislature regarding
116	116	any statutory changes that would further improve the commission's
117	117	effectiveness, efficiency, and transparency in filing,
118	118	investigating, and processing any complaint filed with the
119	119	commission.
120	120	(b) This section expires September 1, 2025 [2023].
121	121	SECTION 5. Section 74.055(c), Government Code, is amended
122	122	to read as follows:
123	123	(c) To be eligible to be named on the list, a retired or
124	124	former judge must:
125	125	(1) have served as an active judge for at least 96
126	126	months in a district, statutory probate, statutory county, or
127	127	appellate court;
128	128	(2) have developed substantial experience in the
129	129	judge's area of specialty;
130	130	(3) not have been removed from office;
131	131	(4) certify under oath to the presiding judge, on a
132	132	form prescribed by the state board of regional judges, that:
133	133	(A) the judge has never been either:
134	134	(i) publicly reprimanded or censured by the
135	135	State Commission on Judicial Conduct; or
136	136	(ii) publicly reprimanded, sanctioned, or
137	137	censured, or any combination of those punishments, more than once,
138	138	unless the reprimand, sanction, or censure has been reviewed and
139	139	rescinded by a special court of review under Section 33.034; and
140	140	(B) the judge:
141	141	(i) did not resign or retire from office
142	142	after the State Commission on Judicial Conduct notified the judge
143	143	of the commencement of a full investigation into an allegation or
144	144	appearance of misconduct or disability of the judge as provided in
145	145	Section 33.022 and before the final disposition of that
146	146	investigation; or
147	147	(ii) if the judge did resign from office
148	148	under circumstances described by Subparagraph (i), was not publicly
149	149	reprimanded or censured as a result of the investigation;
150	150	(5) annually demonstrate that the judge has completed
151	151	in the past state fiscal year the educational requirements for
152	152	active district, statutory probate, and statutory county court
153	153	judges; and
154	154	(6) certify to the presiding judge a willingness not
155	155	to appear and plead as an attorney in any court in this state for a
156	156	period of two years.
157	157	SECTION 6. Section 33.0212, Government Code, as amended by
158	158	this Act, applies only to a complaint filed with the State
159	159	Commission on Judicial Conduct on or after the effective date of
160	160	this Act. A complaint filed before the effective date of this Act is
161	161	governed by the law in effect on the date the complaint was filed,
162	162	and the former law is continued in effect for that purpose.
163	163	SECTION 7. Section 33.037, Government Code, as amended by
164	164	this Act, applies only to a special master appointed to hear a
165	165	formal proceeding on or after the effective date of this Act.
166	166	SECTION 8. A former or retired judge on a list maintained by
167	167	a presiding judge under Section 74.055(a), Government Code, who is
168	168	ineligible to be named on the list under Section 74.055(c),
169	169	Government Code, as amended by this Act, shall be struck from the
170	170	list on the effective date of this Act and may not be assigned to any
171	171	court on or after the effective date of this Act.
172	172	SECTION 9. This Act takes effect September 1, 2023.