Texas 2023 - 88th Regular

Texas Senate Bill SB21 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R27278 TSS-F
2	2	By: Huffman, et al. S.B. No. 21
3	3	(Leach)
4	4	Substitute the following for S.B. No. 21: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the discipline of judges by the State Commission on
10	10	Judicial Conduct and the legislature.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 33.001(b), Government Code, is amended
13	13	to read as follows:
14	14	(b) For purposes of Section 1-a, Article V, Texas
15	15	Constitution, "wilful or persistent conduct that is clearly
16	16	inconsistent with the proper performance of a judge's duties"
17	17	includes:
18	18	(1) wilful, persistent, and unjustifiable failure to
19	19	timely execute the business of the court, considering the quantity
20	20	and complexity of the business;
21	21	(2) wilful violation of a provision of the Texas penal
22	22	statutes or the Code of Judicial Conduct;
23	23	(3) persistent or wilful violation of the rules
24	24	promulgated by the supreme court;
25	25	(4) incompetence in the performance of the duties of
26	26	the office;
27	27	(5) failure to cooperate with the commission; [or]
28	28	(6) violation of any provision of a voluntary
29	29	agreement to resign from judicial office in lieu of disciplinary
30	30	action by the commission; or
31	31	(7) persistent or wilful violation of Article 17.15,
32	32	Code of Criminal Procedure.
33	33	SECTION 2. Section 33.0212, Government Code, is amended to
34	34	read as follows:
35	35	Sec. 33.0212. REPORT AND RECOMMENDATIONS ON FILED
36	36	COMPLAINTS. (a) As soon as practicable after a complaint is filed
37	37	with the commission, commission staff shall conduct a preliminary
38	38	investigation of the filed complaint and draft recommendations for
39	39	commission action.
40	40	(a-1) On completion of the preliminary investigation and
41	41	submission of recommendations under Subsection (a), commission
42	42	staff shall provide to the judge who is the subject of the complaint
43	43	written notice of:
44	44	(1) the complaint, the results of the preliminary
45	45	investigation, and the commission staff's recommendations for
46	46	commission action regarding the complaint; and
47	47	(2) the judge's right to attend each commission
48	48	meeting at which the complaint is included in the report filed with
49	49	the commission members under Subsection (a-2).
50	50	(a-2) Not later than the 10th business day before a
51	51	scheduled commission meeting [120th day after the date a complaint
52	52	is filed with the commission], commission staff shall prepare and
53	53	file with each member of the commission a report detailing:
54	54	(1) each complaint for which a preliminary
55	55	investigation has been conducted under Subsection (a) but for which
56	56	the investigation report has not been finalized under Subsection
57	57	(b);
58	58	(2) the results of the preliminary investigation of
59	59	the complaint; and
60	60	(3) the commission staff's recommendations for
61	61	commission action regarding the complaint.
62	62	(b) Not later than the 120th [90th] day following the date
63	63	of the first commission meeting at which a complaint is included in
64	64	the report filed with the commission under Subsection (a-2) [staff
65	65	files with the commission the report required by Subsection (a)],
66	66	the commission shall finalize the investigation report and
67	67	determine any action to be taken regarding the complaint,
68	68	including:
69	69	(1) a public sanction;
70	70	(2) a private sanction;
71	71	(3) a suspension;
72	72	(4) an order of education;
73	73	(5) an acceptance of resignation in lieu of
74	74	discipline;
75	75	(6) a dismissal; or
76	76	(7) an initiation of formal proceedings.
77	77	(b-1) After the commission meeting at which an
78	78	investigation report is finalized and an action is determined under
79	79	Subsection (b), the commission shall provide to the judge who is the
80	80	subject of a complaint:
81	81	(1) written notice of the action to be taken regarding
82	82	the complaint not more than five business days after the commission
83	83	meeting; and
84	84	(2) as the commission determines appropriate,
85	85	published notice of the action to be taken by posting the notice on
86	86	the commission's Internet website not more than seven business days
87	87	after the commission meeting.
88	88	(c) If, because of extenuating circumstances, the
89	89	commission [staff] is unable to finalize an investigation report
90	90	and determine the action to be taken regarding a complaint under
91	91	Subsection (b) [provide an investigation report and recommendation
92	92	to the commission] before the 120th day following the date of the
93	93	first [the complaint was filed with the] commission meeting at
94	94	which a complaint is included in the report filed with the
95	95	commission under Subsection (a-2), the commission may order an
96	96	extension [the staff shall notify the commission and propose the
97	97	number of days required for the commission and commission staff to
98	98	complete the investigation report and recommendations and finalize
99	99	the complaint. The staff may request an extension] of not more
100	100	than 240 [270] days from the date of the first [the complaint was
101	101	filed with the] commission meeting at which a complaint is included
102	102	in the report filed with the commission under Subsection
103	103	(a-2). [The commission shall finalize the complaint not later than
104	104	the 270th day following the date the complaint was filed with the
105	105	commission.]
106	106	(d) [The executive director may request that the
107	107	chairperson grant an additional 120 days to the time provided under
108	108	Subsection (c) for the commission and commission staff to complete
109	109	the investigation report and recommendations and finalize the
110	110	complaint.
111	111	[(e)] If the commission orders an extension of time under
112	112	Subsection (c) [chairperson grants additional time under
113	113	Subsection (d)], the commission must timely inform the legislature
114	114	of the extension. The commission may not disclose to the
115	115	legislature any confidential information regarding the complaint.
116	116	SECTION 3. Section 33.0213, Government Code, is amended to
117	117	read as follows:
118	118	Sec. 33.0213. NOTIFICATION OF LAW ENFORCEMENT AGENCY
119	119	INVESTIGATION. On notice by any law enforcement agency
120	120	investigating an action for which a complaint has been filed with
121	121	the commission, the commission:
122	122	(1) may place the commission's complaint file on hold
123	123	and decline any further investigation that would jeopardize the law
124	124	enforcement agency's investigation; or
125	125	(2) shall [. The commission may] continue an
126	126	investigation that would not jeopardize a law enforcement
127	127	investigation regarding the conduct subject to the complaint and
128	128	may issue a censure or sanction based on the complaint.
129	129	SECTION 4. Section 33.034, Government Code, is amended by
130	130	amending Subsection (a) and adding Subsection (j) to read as
131	131	follows:
132	132	(a) A judge who receives from the commission a sanction or
133	133	censure issued by the commission under Section 1-a(8), Article V,
134	134	Texas Constitution, may request [or any other type of sanction is
135	135	entitled to] a review of the commission's decision as provided by
136	136	this section. This section does not apply to a decision by the
137	137	commission to institute formal proceedings.
138	138	(j) If the commission issues a public reprimand of a judge
139	139	based on the judge's persistent or wilful violation of Article
140	140	17.15, Code of Criminal Procedure, the commission shall send notice
141	141	of the reprimand to:
142	142	(1) the governor;
143	143	(2) the lieutenant governor;
144	144	(3) the speaker of the house of representatives;
145	145	(4) the presiding officers of each legislative
146	146	standing committee with jurisdiction over the judiciary;
147	147	(5) the chief justice of the supreme court;
148	148	(6) the Office of Court Administration of the Texas
149	149	Judicial System; and
150	150	(7) the presiding judge of the administrative judicial
151	151	region in which the court the reprimanded judge serves is located.
152	152	SECTION 5. Section 33.037, Government Code, is amended to
153	153	read as follows:
154	154	Sec. 33.037. SUSPENSION FROM OFFICE [PENDING APPEAL]. (a)
155	155	If a judge who is convicted of a felony or a misdemeanor involving
156	156	official misconduct appeals the conviction, the commission shall
157	157	suspend the judge from office without pay pending final disposition
158	158	of the appeal.
159	159	(b) Not later than the 21st day after the date the
160	160	commission initiates formal proceedings against a judge based on
161	161	the judge's persistent or wilful violation of Article 17.15, Code
162	162	of Criminal Procedure, the commission shall recommend to the
163	163	supreme court that the judge be suspended from office pursuant to
164	164	Section 1-a, Article V, Texas Constitution.
165	165	SECTION 6. Section 74.055(c), Government Code, is amended
166	166	to read as follows:
167	167	(c) To be eligible to be named on the list, a retired or
168	168	former judge must:
169	169	(1) have served as an active judge for at least 96
170	170	months in a district, statutory probate, statutory county, or
171	171	appellate court;
172	172	(2) have developed substantial experience in the
173	173	judge's area of specialty;
174	174	(3) not have been removed from office;
175	175	(4) certify under oath to the presiding judge, on a
176	176	form prescribed by the state board of regional judges, that:
177	177	(A) the judge has never been publicly reprimanded
178	178	or censured by the State Commission on Judicial Conduct, excluding
179	179	any reprimand or censure that was reviewed and rescinded by a
180	180	special court of review under Section 33.034;
181	181	(B) the judge has not received more than one of
182	182	any other type of public sanction, excluding any sanction that was
183	183	reviewed and rescinded by a special court of review under Section
184	184	33.034; and
185	185	(C) [(B)] the judge:
186	186	(i) did not resign or retire from office
187	187	after the State Commission on Judicial Conduct notified the judge
188	188	of the commencement of a full investigation into an allegation or
189	189	appearance of misconduct or disability of the judge as provided in
190	190	Section 33.022 and before the final disposition of that
191	191	investigation; or
192	192	(ii) if the judge did resign from office
193	193	under circumstances described by Subparagraph (i), was not publicly
194	194	reprimanded or censured as a result of the investigation;
195	195	(5) annually demonstrate that the judge has completed
196	196	in the past state fiscal year the educational requirements for
197	197	active district, statutory probate, and statutory county court
198	198	judges; and
199	199	(6) certify to the presiding judge a willingness not
200	200	to appear and plead as an attorney in any court in this state for a
201	201	period of two years.
202	202	SECTION 7. Section 665.052(b), Government Code, is amended
203	203	to read as follows:
204	204	(b) In this section, "incompetency" means:
205	205	(1) gross ignorance of official duties;
206	206	(2) gross carelessness in the discharge of official
207	207	duties; [or]
208	208	(3) inability or unfitness to discharge promptly and
209	209	properly official duties because of a serious physical or mental
210	210	defect that did not exist at the time of the officer's election; or
211	211	(4) persistent or wilful violation of Article 17.15,
212	212	Code of Criminal Procedure.
213	213	SECTION 8. As soon as practicable after the effective date
214	214	of this Act, the State Commission on Judicial Conduct shall adopt
215	215	rules to implement Section 33.001(b), Government Code, as amended
216	216	by this Act.
217	217	SECTION 9. Sections 33.001(b) and 665.052(b), Government
218	218	Code, as amended by this Act, apply only to an allegation of
219	219	judicial misconduct received by the State Commission on Judicial
220	220	Conduct or the legislature on or after the effective date of this
221	221	Act, regardless of whether the conduct or act that is the subject of
222	222	the allegation occurred or was committed before, on, or after the
223	223	effective date of this Act.
224	224	SECTION 10. A former or retired judge on a list maintained
225	225	by a presiding judge under Section 74.055(a), Government Code, who
226	226	is ineligible to be named on the list under Section 74.055(c),
227	227	Government Code, as amended by this Act, shall be struck from the
228	228	list on the effective date of this Act and may not be assigned to any
229	229	court on or after the effective date of this Act.
230	230	SECTION 11. This Act takes effect September 1, 2023.