Texas 2025 - 89th Regular

Texas Senate Bill SJR27 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Huffman, Zaffirini S.J.R. No. 27
2		-	SENATE JOINT RESOLUTION
	1	+	By: Huffman S.J.R. No. 27
	2	+	(In the Senate - Filed December 2, 2024; February 3, 2025,
	3	+	read first time and referred to Committee on State Affairs;
	4	+	April 7, 2025, reported favorably by the following vote: Yeas 9,
	5	+	Nays 0; April 7, 2025, sent to printer.)
	6	+	Click here to see the committee vote
3	7
4	8
5		-
6		-
	9	+	SENATE JOINT RESOLUTION
7	10		proposing a constitutional amendment regarding the membership of
8	11		the State Commission on Judicial Conduct and the authority of the
9	12		commission and the Texas Supreme Court to more effectively sanction
10	13		judges and justices for judicial misconduct.
11	14		BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	15		SECTION 1. Section 1-a, Article V, Texas Constitution, is
13	16		amended by amending Subdivisions (2), (3), and (8) and adding
14		-	Subdivisions (2-a)~~, (2-b),~~ and (2-c) to read as follows:
	17	+	Subdivisions (2-a) and (2-b) to read as follows:
15	18		(2) The State Commission on Judicial Conduct consists
16	19		of the following 13 [thirteen (13)] members[, to wit]:
17		-	(i) four individuals who serve as a Justice or
18		-	Judge [one (1) Justice] of a Court of Appeals, a District Court, a
19		-	County Court at Law, or a Constitutional County Court and are
20		-	appointed by the Supreme Court with advice and consent of the
21		-	Senate;
22		-	(ii) seven [one (1) District Judge; (iii) two
23		-	(2) members of the State Bar, who have respectively practiced as
24		-	such for over ten (10) consecutive years next preceding their
25		-	selection; (iv) five (5)] citizens appointed by the Governor with
26		-	advice and consent of the Senate, who are each at least 30 [thirty
27		-	(30)] years of age and do not hold a[, not licensed to practice law
28		-	nor holding any] salaried public office or employment; and
29		-	(iii) two judicial officers, one who serves as a
30		-	[(v) one (1)] Justice of the Peace and one who serves as a[;
31		-	(vi) one (1)] Judge of a Municipal Court, appointed by the Supreme
32		-	Court with the advice and consent of the Senate.
	20	+	(i) two individuals who serve as a Justice or
	21	+	Judge [one (1) Justice] of the Court of Criminal Appeals, a Court of
	22	+	Appeals, a District Court, a County Court at Law, or a
	23	+	Constitutional County Court and are appointed by the Supreme Court
	24	+	with advice and consent of the Senate;
	25	+	(ii) [one (1) District Judge; (iii)] two [(2)]
	26	+	members of the State Bar appointed by the Board of Directors of the
	27	+	State Bar under rules prescribed by the Supreme Court with advice
	28	+	and consent of the Senate, who have each respectively practiced as
	29	+	such for over 10 [ten (10)] consecutive years next preceding their
	30	+	selection;
	31	+	(iii) seven [(iv) five (5)] citizens appointed by
	32	+	the Governor with advice and consent of the Senate, who are each at
	33	+	least 30 [thirty (30)] years of age, are not licensed to practice
	34	+	law, and do not hold a [nor holding any] salaried public office or
	35	+	employment; and
	36	+	(iv) two individuals who serve as a [(v) one (1)]
	37	+	Justice of the Peace or a[; (vi) one (1)] Judge of a Municipal
	38	+	Court appointed by the Supreme Court with the advice and consent of
	39	+	the Senate.
33	40		(2-a) A[; (vii) one (1) Judge of a County Court at Law;
34	41		and (viii) one (1) Judge of a Constitutional County Court; provided
35		-	that no] person shall not be appointed or remain a member of the
36		-	Commission if the person[, who] does not maintain physical
37		-	residence within this State[,] or has [who shall have] ceased to
38		-	retain the qualifications [above] specified in Subsection (2) of
39		-	this Section for that person's appointment.
	42	+	that no] person may not be appointed [shall be] or remain a member
	43	+	of the Commission[,] who does not maintain physical residence
	44	+	within this State[,] or who has [shall have] ceased to retain the
	45	+	qualifications above specified for that person's appointment.
40	46		(2-b) A person appointed under Subsection (2)(i) of
41	47		this Section [respective class of membership, and provided that a
42	48		Commissioner of class (i), (ii), (iii), (vii), or (viii)] may not be
43	49		a judge or justice [reside or hold a judgeship] in the same type of
44	50		court [of appeals district] as another member of the Commission.
45	51		[Commissioners of classes (i), (ii), (vii), and (viii) above shall
46	52		be chosen by the Supreme Court with advice and consent of the
47	53		Senate, those of class (iii) by the Board of Directors of the State
48	54		Bar under regulations to be prescribed by the Supreme Court with
49	55		advice and consent of the Senate, those of class (iv) by appointment
50	56		of the Governor with advice and consent of the Senate, and the
51	57		commissioners of classes (v) and (vi) by appointment of the Supreme
52	58		Court as provided by law, with the advice and consent of the
53	59		Senate.]
54		-	(2-c) Not more than two persons appointed under
55		-	Subsection (2)(ii) of this Section may be licensed to practice law.
56		-	A person licensed to practice law who is appointed under Subsection
57		-	(2)(ii) of this Section must have practiced law for at least 10
58		-	consecutive years preceding the person's appointment.
59	60		(3) The regular term of office of Commissioners shall
60	61		be six [(6)] years[; but the initial members of each of classes (i),
61	62		(ii) and (iii) shall respectively be chosen for terms of four (4)
62	63		and six (6) years, and the initial members of class (iiii) for
63	64		respective terms of two (2), four (4) and six (6) years]. Interim
64	65		vacancies shall be filled in the same manner as vacancies due to
65	66		expiration of a full term, but only for the unexpired portion of the
66	67		term in question. Commissioners may succeed themselves in office
67	68		only if the commissioner has [having] served less than three [(3)]
68	69		consecutive years.
69	70		(8) After such investigation as it deems necessary,
70	71		the Commission may in its discretion issue a [private or] public
71	72		admonition, warning, reprimand, or requirement that the person
72	73		obtain additional training or education, or if the Commission
73	74		determines that the situation merits such action, it may institute
74	75		formal proceedings and order a formal hearing to be held before it
75	76		concerning a person holding an office or position specified in
76	77		Subsection (6) of this Section, or it may in its discretion request
77	78		the Supreme Court to appoint an active or retired District Judge or
78	79		Justice of a Court of Appeals, or retired Judge or Justice of the
79	80		Court of Criminal Appeals or the Supreme Court, as a Master to hear
80	81		and take evidence in the matter, and to report thereon to the
81	82		Commission. The Master shall have all the power of a District Judge
82	83		in the enforcement of orders pertaining to witnesses, evidence, and
83	84		procedure. If, after formal hearing, or after considering the
84	85		record and report of a Master, the Commission finds good cause
85	86		therefor, it shall issue an order of public admonition, warning,
86	87		reprimand, censure, or requirement that the person holding an
87	88		office or position specified in Subsection (6) of this Section
88		-	obtain additional training or education, or it shall recommend to a
89		-	review tribunal the removal or retirement[, as the case may be,] of
90		-	the person and shall [thereupon] file with the tribunal the entire
91		-	record before the Commission.
	89	+	obtain additional training or education[, or it shall recommend to
	90	+	a review tribunal the removal or retirement, as the case may be, of
	91	+	the person and shall thereupon file with the tribunal the entire
	92	+	record before the Commission].
92	93		SECTION 2. Section 1-a(6)(A), Article V, Texas
93	94		Constitution, is amended to read as follows:
94	95		(6) A. Any Justice or Judge of the courts established
95	96		by this Constitution or created by the Legislature as provided in
96	97		Section 1, Article V, of this Constitution, may, subject to the
97	98		other provisions hereof, be removed from office for willful or
98	99		persistent violation of rules promulgated by the Supreme Court of
99	100		Texas, incompetence in performing the duties of the office, willful
100	101		violation of the Code of Judicial Conduct, or willful or persistent
101	102		conduct that is clearly inconsistent with the proper performance of
102	103		the person's [his] duties or casts public discredit upon the
103	104		judiciary or administration of justice. Any person holding such
104	105		office may be disciplined or censured, in lieu of removal from
105	106		office, as provided by this section. Any person holding an office
106		-	specified in this subsection may be suspended from office ~~with or~~
107		-	without pay by the Commission immediately on being indicted ~~by a~~
108		-	State or Federal grand jury for a felony offense or charged ~~with a~~
109		-	misdemeanor involving official misconduct. On the filing of a
110		-	sworn complaint charging a person holding such office with ~~willful~~
111		-	or persistent violation of rules promulgated by the Supreme ~~Court~~
112		-	of Texas, incompetence in performing the duties of the ~~office,~~
113		-	willful violation of the Code of Judicial Conduct, or ~~willful and~~
114		-	persistent conduct that is clearly inconsistent with ~~the proper~~
115		-	performance of the person's [his] duties or casts public ~~discredit~~
116		-	on the judiciary or on the administration of justice, the
	107	+	specified in this subsection shall [may] be suspended from office
	108	+	with or without pay by the Commission immediately on being indicted
	109	+	by a State or Federal grand jury for a felony offense or charged
	110	+	with a misdemeanor involving official misconduct. On the filing of
	111	+	a sworn complaint charging a person holding such office with
	112	+	willful or persistent violation of rules promulgated by the Supreme
	113	+	Court of Texas, incompetence in performing the duties of the
	114	+	office, willful violation of the Code of Judicial Conduct, or
	115	+	willful and persistent conduct that is clearly inconsistent with
	116	+	the proper performance of the person's [his] duties or casts public
	117	+	discredit on the judiciary or on the administration of justice, the
117	118		Commission, after giving the person notice and an opportunity to
118	119		appear and be heard before the Commission, may recommend to the
119	120		Supreme Court the suspension of such person from office with or
120	121		without pay. The Supreme Court, after considering the record of
121	122		such appearance and the recommendation of the Commission, may
122	123		suspend the person from office with or without pay, pending final
123	124		disposition of the charge.
124	125		SECTION 3. The following temporary provision is added to
125	126		the Texas Constitution:
126	127		TEMPORARY PROVISION. (a) This temporary provision applies
127	128		to the constitutional amendment proposed by the 89th Legislature,
128	129		Regular Session, 2025, regarding the membership of the State
129	130		Commission on Judicial Conduct and the authority of the commission
130	131		and the Texas Supreme Court to more effectively sanction judges and
131	132		justices for judicial misconduct. The constitutional amendment
132	133		takes effect January 1, 2026.
133	134		(b) Unless otherwise removed as provided by law, the
134	135		commissioners of the State Commission on Judicial Conduct serving
135	136		on the date the amendment described by Subsection (a) of this
136	137		section is approved by the voters as shown by the official canvass
137	138		of returns shall continue in office as the members of the State
138	139		Commission on Judicial Conduct under the former law that governed
139	140		the composition of the State Commission on Judicial Conduct, and
140	141		the former law is continued in effect for that purpose. New
141	142		commissioners of the State Commission on Judicial Conduct shall be
142		-	~~appointed~~ as vacancies occur.
	143	+	chosen as vacancies occur.
143	144		(c) This temporary provision expires January 1, 2031.
144	145		SECTION 4. This proposed constitutional amendment shall be
145	146		submitted to the voters at an election to be held November 4, 2025.
146	147		The ballot shall be printed to provide for voting for or against the
147	148		proposition: "The constitutional amendment regarding the
148	149		membership of the State Commission on Judicial Conduct and the
149	150		authority of the commission and the Texas Supreme Court to more
150	151		effectively sanction judges and justices for judicial misconduct."
	152	+	* * * * *