89R6039 AMF-D
By: Huffman S.J.R. No. 27
A JOINT RESOLUTION
proposing a constitutional amendment regarding the membership of
the State Commission on Judicial Conduct and the authority of the
commission and the Texas Supreme Court to more effectively sanction
judges and justices for judicial misconduct.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1-a, Article V, Texas Constitution, is
amended by amending Subdivisions (2), (3), and (8) and adding
Subdivisions (2-a) and (2-b) to read as follows:
(2) The State Commission on Judicial Conduct consists
of the following 13 [thirteen (13)] members[, to wit]:
(i) two individuals who serve as a Justice or
Judge [one (1) Justice] of the Court of Criminal Appeals, a Court of
Appeals, a District Court, a County Court at Law, or a
Constitutional County Court and are appointed by the Supreme Court
with advice and consent of the Senate;
(ii) [one (1) District Judge; (iii)] two [(2)]
members of the State Bar appointed by the Board of Directors of the
State Bar under rules prescribed by the Supreme Court with advice
and consent of the Senate, who have each respectively practiced as
such for over 10 [ten (10)] consecutive years next preceding their
selection;
(iii) seven [(iv) five (5)] citizens appointed by
the Governor with advice and consent of the Senate, who are each at
least 30 [thirty (30)] years of age, are not licensed to practice
law, and do not hold a [nor holding any] salaried public office or
employment; and
(iv) two individuals who serve as a [(v) one (1)]
Justice of the Peace or a[; (vi) one (1)] Judge of a Municipal
Court appointed by the Supreme Court with the advice and consent of
the Senate.
(2-a) A [; (vii) one (1) Judge of a County Court at
Law; and (viii) one (1) Judge of a Constitutional County Court;
provided that no] person may not be appointed [shall be] or remain a
member of the Commission[,] who does not maintain physical
residence within this State[,] or who has [shall have] ceased to
retain the qualifications above specified for that person's
appointment.
(2-b) A person appointed under Subsection (2)(i) of
this Section [respective class of membership, and provided that a
Commissioner of class (i), (ii), (iii), (vii), or (viii)] may not be
a judge or justice [reside or hold a judgeship] in the same type of
court [of appeals district] as another member of the Commission.
[Commissioners of classes (i), (ii), (vii), and (viii) above shall
be chosen by the Supreme Court with advice and consent of the
Senate, those of class (iii) by the Board of Directors of the State
Bar under regulations to be prescribed by the Supreme Court with
advice and consent of the Senate, those of class (iv) by appointment
of the Governor with advice and consent of the Senate, and the
commissioners of classes (v) and (vi) by appointment of the Supreme
Court as provided by law, with the advice and consent of the
Senate.]
(3) The regular term of office of Commissioners shall
be six [(6)] years[; but the initial members of each of classes (i),
(ii) and (iii) shall respectively be chosen for terms of four (4)
and six (6) years, and the initial members of class (iiii) for
respective terms of two (2), four (4) and six (6) years]. Interim
vacancies shall be filled in the same manner as vacancies due to
expiration of a full term, but only for the unexpired portion of the
term in question. Commissioners may succeed themselves in office
only if the commissioner has [having] served less than three [(3)]
consecutive years.
(8) After such investigation as it deems necessary,
the Commission may in its discretion issue a [private or] public
admonition, warning, reprimand, or requirement that the person
obtain additional training or education, or if the Commission
determines that the situation merits such action, it may institute
formal proceedings and order a formal hearing to be held before it
concerning a person holding an office or position specified in
Subsection (6) of this Section, or it may in its discretion request
the Supreme Court to appoint an active or retired District Judge or
Justice of a Court of Appeals, or retired Judge or Justice of the
Court of Criminal Appeals or the Supreme Court, as a Master to hear
and take evidence in the matter, and to report thereon to the
Commission. The Master shall have all the power of a District Judge
in the enforcement of orders pertaining to witnesses, evidence, and
procedure. If, after formal hearing, or after considering the
record and report of a Master, the Commission finds good cause
therefor, it shall issue an order of public admonition, warning,
reprimand, censure, or requirement that the person holding an
office or position specified in Subsection (6) of this Section
obtain additional training or education[, or it shall recommend to
a review tribunal the removal or retirement, as the case may be, of
the person and shall thereupon file with the tribunal the entire
record before the Commission].
SECTION 2. Section 1-a(6)(A), Article V, Texas
Constitution, is amended to read as follows:
(6) A. Any Justice or Judge of the courts established
by this Constitution or created by the Legislature as provided in
Section 1, Article V, of this Constitution, may, subject to the
other provisions hereof, be removed from office for willful or
persistent violation of rules promulgated by the Supreme Court of
Texas, incompetence in performing the duties of the office, willful
violation of the Code of Judicial Conduct, or willful or persistent
conduct that is clearly inconsistent with the proper performance of
the person's [his] duties or casts public discredit upon the
judiciary or administration of justice. Any person holding such
office may be disciplined or censured, in lieu of removal from
office, as provided by this section. Any person holding an office
specified in this subsection shall [may] be suspended from office
with or without pay by the Commission immediately on being indicted
by a State or Federal grand jury for a felony offense or charged
with a misdemeanor involving official misconduct. On the filing of
a sworn complaint charging a person holding such office with
willful or persistent violation of rules promulgated by the Supreme
Court of Texas, incompetence in performing the duties of the
office, willful violation of the Code of Judicial Conduct, or
willful and persistent conduct that is clearly inconsistent with
the proper performance of the person's [his] duties or casts public
discredit on the judiciary or on the administration of justice, the
Commission, after giving the person notice and an opportunity to
appear and be heard before the Commission, may recommend to the
Supreme Court the suspension of such person from office with or
without pay. The Supreme Court, after considering the record of
such appearance and the recommendation of the Commission, may
suspend the person from office with or without pay, pending final
disposition of the charge.
SECTION 3. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 89th Legislature,
Regular Session, 2025, regarding the membership of the State
Commission on Judicial Conduct and the authority of the commission
and the Texas Supreme Court to more effectively sanction judges and
justices for judicial misconduct. The constitutional amendment
takes effect January 1, 2026.
(b) Unless otherwise removed as provided by law, the
commissioners of the State Commission on Judicial Conduct serving
on the date the amendment described by Subsection (a) of this
section is approved by the voters as shown by the official canvass
of returns shall continue in office as the members of the State
Commission on Judicial Conduct under the former law that governed
the composition of the State Commission on Judicial Conduct, and
the former law is continued in effect for that purpose. New
commissioners of the State Commission on Judicial Conduct shall be
chosen as vacancies occur.
(c) This temporary provision expires January 1, 2031.
SECTION 4. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 4, 2025.
The ballot shall be printed to provide for voting for or against the
proposition: "The constitutional amendment regarding the
membership of the State Commission on Judicial Conduct and the
authority of the commission and the Texas Supreme Court to more
effectively sanction judges and justices for judicial misconduct."