HB797 - Relating to the discipline of judges by the State Commission on Judicial Conduct and notice to the legislature of certain reprimands.

  89R3080 TSS-F     By: Leach H.B. No. 797       A BILL TO BE ENTITLED   AN ACT   relating to the discipline of judges by the State Commission on   Judicial Conduct and notice to the legislature of certain   reprimands.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 33.001(b), Government Code, is amended   to read as follows:          (b)  For purposes of Section 1-a, Article V, Texas   Constitution, "wilful or persistent conduct that is clearly   inconsistent with the proper performance of a judge's duties"   includes:                (1)  wilful, persistent, and unjustifiable failure to   timely execute the business of the court, considering the quantity   and complexity of the business;                (2)  wilful violation of a provision of the Texas penal   statutes or the Code of Judicial Conduct;                (3)  persistent or wilful violation of the rules   promulgated by the supreme court;                (4)  incompetence in the performance of the duties of   the office;                (5)  failure to cooperate with the commission; [ or ]                (6)  violation of any provision of a voluntary   agreement to resign from judicial office in lieu of disciplinary   action by the commission ; or                 (7)     persistent or wilful violation of Article 17.15,   Code of Criminal Procedure .          SECTION 2.  Section 33.0212, Government Code, is amended to   read as follows:          Sec. 33.0212.  REPORT AND RECOMMENDATIONS ON FILED   COMPLAINTS. (a)   As soon as practicable after a complaint is filed   with the commission, commission staff shall conduct a preliminary   investigation of the filed complaint and draft recommendations for   commission action.           (a-1)     On completion of the preliminary investigation and   submission of recommendations under Subsection (a), commission   staff shall provide to the judge who is the subject of the complaint   written notice of:                 (1)     the complaint, the results of the preliminary   investigation, and the commission staff's recommendations for   commission action regarding the complaint; and                 (2)     the judge's right to attend each commission   meeting at which the complaint is included in the report filed with   the commission members under Subsection (a-2).             (a-2)   Not later than the 10th business day before a   scheduled commission meeting [ 120th day after the date a complaint   is filed with the commission ], commission staff shall prepare and   file with each member of the commission a report detailing :                 (1)     each complaint for which a preliminary   investigation has been conducted under Subsection (a) but for which   the investigation report has not been finalized under Subsection   (b);                 (2)   the results of the preliminary investigation of   the complaint ; and                 (3)  the commission staff's recommendations for   commission action regarding the complaint.          (b)  Not later than the 120th [ 90th ] day following the date   of the first commission meeting at which a complaint is included in   the report filed with the commission under Subsection (a-2) [ staff   files with the commission the report required by Subsection (a) ],   the commission shall finalize the investigation report and   determine any action to be taken regarding the complaint,   including:                (1)  a public sanction;                (2)  a private sanction;                (3)  a suspension;                (4)  an order of education;                (5)  an acceptance of resignation in lieu of   discipline;                (6)  a dismissal; or                (7)  an initiation of formal proceedings.           (b-1)     After the commission meeting at which an   investigation report is finalized and an action is determined under   Subsection (b), the commission shall provide to the judge who is the   subject of a complaint:                   (1)     written notice of the action to be taken regarding   the complaint not more than five business days after the commission   meeting; and                 (2)     as the commission determines appropriate,   published notice of the action to be taken by posting the notice on   the commission's Internet website not more than seven business days   after the commission meeting.          (c)  If, because of extenuating circumstances, the   commission [ staff ] is unable to finalize an investigation report   and determine the action to be taken regarding a complaint under   Subsection (b) [ provide an investigation report and recommendation   to the commission ] before the 120th day following the date of the   first [ the complaint was filed with the ] commission meeting at   which a complaint is included in the report filed with the   commission under Subsection (a-2) , the commission may order an   extension [ the staff shall notify the commission and propose the   number of days required for the commission and commission staff to   complete the investigation report and recommendations and finalize   the complaint.     The staff may request an extension ] of not more   than 240 [ 270 ] days from the date of the first [ the complaint was   filed with the ] commission meeting at which a complaint is included   in the report filed with the commission under Subsection   (a-2) . [ The commission shall finalize the complaint not later than   the 270th day following the date the complaint was filed with the   commission. ]          (d)  [ The executive director may request that the   chairperson grant an additional 120 days to the time provided under   Subsection (c) for the commission and commission staff to complete   the investigation report and recommendations and finalize the   complaint.          [ (e) ]  If the commission orders an extension of time under   Subsection (c) [ chairperson grants additional time under   Subsection (d) ], the commission must timely inform the legislature   of the extension.  The commission may not disclose to the   legislature any confidential information regarding the complaint.          SECTION 3.  Section 33.0213, Government Code, is amended to   read as follows:          Sec. 33.0213.  NOTIFICATION OF LAW ENFORCEMENT AGENCY   INVESTIGATION. On notice by any law enforcement agency   investigating an action for which a complaint has been filed with   the commission, the commission :                 (1)   may place the commission's complaint file on hold   and decline any further investigation that would jeopardize the law   enforcement agency's investigation ; or                 (2)  shall [ . The commission may ] continue an   investigation that would not jeopardize a law enforcement   investigation regarding the conduct subject to the complaint and   may issue a censure or sanction based on the complaint .          SECTION 4.  Section 33.034, Government Code, is amended by   amending Subsection (a) and adding Subsection (j) to read as   follows:          (a)  A judge who receives from the commission a sanction or   censure issued by the commission under Section 1-a(8), Article V,   Texas Constitution, may request [ or any other type of sanction is   entitled to ] a review of the commission's decision as provided by   this section. This section does not apply to a decision by the   commission to institute formal proceedings.           (j)     If the commission issues a public reprimand of a judge   based on the judge's persistent or wilful violation of Article   17.15, Code of Criminal Procedure, the commission shall   send notice   of the reprimand to:                 (1)  the governor;                   (2)  the lieutenant governor;                   (3)  the speaker of the house of representatives;                   (4)     the presiding officers of each legislative   standing committee with jurisdiction over the judiciary;                 (5)  the chief justice of the supreme court;                 (6)     the Office of Court Administration of the Texas   Judicial System; and                 (7)     the presiding judge of the administrative judicial   region in which the court the reprimanded judge serves is located.          SECTION 5.  Section 33.037, Government Code, is amended to   read as follows:          Sec. 33.037.  SUSPENSION FROM OFFICE [ PENDING APPEAL ]. (a)   If a judge who is convicted of a felony or a misdemeanor involving   official misconduct appeals the conviction, the commission shall   suspend the judge from office without pay pending final disposition   of the appeal.           (b)     Not later than the 21st day after the date the   commission initiates formal proceedings against a judge based on   the judge's persistent or wilful violation of Article 17.15, Code   of Criminal Procedure, the commission shall recommend to the   supreme court that the judge be suspended from office pursuant to   Section 1-a, Article V, Texas Constitution.          SECTION 6.  Section 74.055(c), Government Code, is amended   to read as follows:          (c)  To be eligible to be named on the list, a retired or   former judge must:                (1)  have served as an active judge for at least 96   months in a district, statutory probate, statutory county, or   appellate court;                (2)  have developed substantial experience in the   judge's area of specialty;                (3)  not have been removed from office;                (4)  certify under oath to the presiding judge, on a   form prescribed by the state board of regional judges, that:                      (A)  the judge has never been publicly reprimanded   or censured by the State Commission on Judicial Conduct , excluding   any reprimand or censure reviewed and rescinded by a special court   of review under Section 33.034 ;                       (B)     the judge has not received more than one of   any other type of public sanction, excluding any sanction reviewed   and rescinded by a special court of review under Section 33.034;  and                       (C)  [ (B) ] &# [Text truncated for display. 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