Texas 2025 - 89th Regular

Texas House Bill HJR140 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R14165 AMF-D
2	2	By: Holt H.J.R. No. 140
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7	7	A JOINT RESOLUTION
8	8	proposing a constitutional amendment regarding the membership of
9	9	the State Commission on Judicial Conduct and the authority of the
10	10	commission and the Texas Supreme Court to more effectively sanction
11	11	judges and justices for judicial misconduct.
12	12	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 1-a, Article V, Texas Constitution, is
14	14	amended by amending Subdivisions (2), (3), and (8) and adding
15	15	Subdivisions (2-a) and (2-b) to read as follows:
16	16	(2) The State Commission on Judicial Conduct consists
17	17	of the following nine [thirteen (13)] members[, to wit]:
18	18	(i) four individuals who serve as a Justice or
19	19	Judge [one (1) Justice] of the Court of Criminal Appeals, a Court of
20	20	Appeals, a District Court, a County Court at Law, a Constitutional
21	21	County Court, a Municipal Court, or a Justice Court, two of whom are
22	22	appointed by the Supreme Court with advice and consent of the Senate
23	23	and two of whom are appointed by the Court of Criminal Appeals with
24	24	the advice and consent of the Senate; and
25	25	(ii) [one (1) District Judge; (iii) two (2)
26	26	members of the State Bar, who have respectively practiced as such
27	27	for over ten (10) consecutive years next preceding their selection;
28	28	(iv)] five [(5)] citizens appointed by the Governor with advice and
29	29	consent of the Senate, who are each at least 30 [thirty (30)] years
30	30	of age, may be [not] licensed to practice law, and do not hold a [nor
31	31	holding any] salaried public office or employment. [; (v) one (1)
32	32	Justice of the Peace; (vi) one (1) Judge of a Municipal Court;]
33	33	(2-a) A [(vii) one (1) Judge of a County Court at Law;
34	34	and (viii) one (1) Judge of a Constitutional County Court;
35	35	provided that no] person may not be appointed [shall be] or remain a
36	36	member of the Commission[,] who does not maintain physical
37	37	residence within this State[,] or who has [shall have] ceased to
38	38	retain the qualifications above specified for that person's
39	39	appointment.
40	40	(2-b) A person appointed under Subsection (2)(i) of
41	41	this Section [respective class of membership, and provided that a
42	42	Commissioner of class (i), (ii), (iii), (vii), or (viii)] may not be
43	43	a judge or justice [reside or hold a judgeship] in the same type of
44	44	court [of appeals district] as another member of the Commission.
45	45	[Commissioners of classes (i), (ii), (vii), and (viii) above shall
46	46	be chosen by the Supreme Court with advice and consent of the
47	47	Senate, those of class (iii) by the Board of Directors of the State
48	48	Bar under regulations to be prescribed by the Supreme Court with
49	49	advice and consent of the Senate, those of class (iv) by appointment
50	50	of the Governor with advice and consent of the Senate, and the
51	51	commissioners of classes (v) and (vi) by appointment of the Supreme
52	52	Court as provided by law, with the advice and consent of the
53	53	Senate.]
54	54	(3) The regular term of office of Commissioners shall
55	55	be six [(6)] years[; but the initial members of each of classes (i),
56	56	(ii) and (iii) shall respectively be chosen for terms of four (4)
57	57	and six (6) years, and the initial members of class (iiii) for
58	58	respective terms of two (2), four (4) and six (6) years]. Interim
59	59	vacancies shall be filled in the same manner as vacancies due to
60	60	expiration of a full term, but only for the unexpired portion of the
61	61	term in question. Commissioners may succeed themselves in office
62	62	only if the commissioner has [having] served less than three [(3)]
63	63	consecutive years.
64	64	(8) After such investigation as it deems necessary,
65	65	the Commission may in its discretion issue a [private or] public
66	66	admonition, warning, reprimand, or requirement that the person
67	67	obtain additional training or education, or if the Commission
68	68	determines that the situation merits such action, it may institute
69	69	formal proceedings and order a formal hearing to be held before it
70	70	concerning a person holding an office or position specified in
71	71	Subsection (6) of this Section, or it may in its discretion request
72	72	the Supreme Court to appoint an active or retired District Judge or
73	73	Justice of a Court of Appeals, or retired Judge or Justice of the
74	74	Court of Criminal Appeals or the Supreme Court, as a Master to hear
75	75	and take evidence in the matter, and to report thereon to the
76	76	Commission. The Master shall have all the power of a District Judge
77	77	in the enforcement of orders pertaining to witnesses, evidence, and
78	78	procedure. If, after formal hearing, or after considering the
79	79	record and report of a Master, the Commission finds good cause
80	80	therefor, it shall issue an order of public admonition, warning,
81	81	reprimand, censure, or requirement that the person holding an
82	82	office or position specified in Subsection (6) of this Section
83	83	obtain additional training or education[, or it shall recommend to
84	84	a review tribunal the removal or retirement, as the case may be, of
85	85	the person and shall thereupon file with the tribunal the entire
86	86	record before the Commission].
87	87	SECTION 2. Section 1-a(6)(A), Article V, Texas
88	88	Constitution, is amended to read as follows:
89	89	(6) A. Any Justice or Judge of the courts established
90	90	by this Constitution or created by the Legislature as provided in
91	91	Section 1, Article V, of this Constitution, may, subject to the
92	92	other provisions hereof, be removed from office for willful or
93	93	persistent violation of rules promulgated by the Supreme Court of
94	94	Texas, incompetence in performing the duties of the office, willful
95	95	violation of the Code of Judicial Conduct, or willful or persistent
96	96	conduct that is clearly inconsistent with the proper performance of
97	97	the person's [his] duties or casts public discredit upon the
98	98	judiciary or administration of justice. Any person holding such
99	99	office may be disciplined or censured, in lieu of removal from
100	100	office, as provided by this section. Any person holding an office
101	101	specified in this subsection shall [may] be suspended from office
102	102	with or without pay by the Commission immediately on being indicted
103	103	by a State or Federal grand jury for a felony offense or charged
104	104	with a misdemeanor involving official misconduct. On the filing of
105	105	a sworn complaint charging a person holding such office with
106	106	willful or persistent violation of rules promulgated by the Supreme
107	107	Court of Texas, incompetence in performing the duties of the
108	108	office, willful violation of the Code of Judicial Conduct, or
109	109	willful and persistent conduct that is clearly inconsistent with
110	110	the proper performance of the person's [his] duties or casts public
111	111	discredit on the judiciary or on the administration of justice, the
112	112	Commission, after giving the person notice and an opportunity to
113	113	appear and be heard before the Commission, may recommend to the
114	114	Supreme Court the suspension of such person from office with or
115	115	without pay. The Supreme Court, after considering the record of
116	116	such appearance and the recommendation of the Commission, may
117	117	suspend the person from office with or without pay, pending final
118	118	disposition of the charge.
119	119	SECTION 3. The following temporary provision is added to
120	120	the Texas Constitution:
121	121	TEMPORARY PROVISION. (a) This temporary provision applies
122	122	to the constitutional amendment proposed by the 89th Legislature,
123	123	Regular Session, 2025, regarding the membership of the State
124	124	Commission on Judicial Conduct and the authority of the commission
125	125	and the Texas Supreme Court to more effectively sanction judges and
126	126	justices for judicial misconduct. The constitutional amendment
127	127	takes effect January 1, 2026.
128	128	(b) Unless otherwise removed as provided by law, the
129	129	commissioners of the State Commission on Judicial Conduct serving
130	130	on the date the amendment described by Subsection (a) of this
131	131	section is approved by the voters as shown by the official canvass
132	132	of returns shall continue in office as the members of the State
133	133	Commission on Judicial Conduct under the former law that governed
134	134	the composition of the State Commission on Judicial Conduct, and
135	135	the former law is continued in effect for that purpose. New
136	136	commissioners of the State Commission on Judicial Conduct shall be
137	137	chosen as vacancies occur.
138	138	(c) This temporary provision expires January 1, 2031.
139	139	SECTION 4. This proposed constitutional amendment shall be
140	140	submitted to the voters at an election to be held November 4, 2025.
141	141	The ballot shall be printed to provide for voting for or against the
142	142	proposition: "The constitutional amendment regarding the
143	143	membership of the State Commission on Judicial Conduct and the
144	144	authority of the commission and the Texas Supreme Court to more
145	145	effectively sanction judges and justices for judicial misconduct."