HB2064 - Relating to the discipline of judges by the State Commission on Judicial Conduct, notice of certain reprimands, judicial compensation and related retirement benefits, and the reporting of certain judicial transparency information; authorizing an administrative penalty.

      By: Holt H.B. No. 2064       A BILL TO BE ENTITLED   AN ACT   relating to the discipline of judges by the State Commission on   Judicial Conduct, notice of certain reprimands, judicial   compensation and related retirement benefits, and the reporting of   certain judicial transparency information; authorizing an   administrative penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 330.001(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 , including failure to meet deadlines   set by statute or binding court order ;                (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 33.0211, Government Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  The commission shall maintain a file on each written   complaint filed with the commission.  The file must include:                (1)  the name of the person who filed the complaint;                (2)  the date the complaint is received by the   commission;                (3)  the subject matter of the complaint;                (4)   additional documentation supporting the complaint   submitted under Subsection (a-1);                 (5)   the name of each person contacted in relation to   the complaint;                 (6)  [ (5) ]  a summary of the results of the review or   investigation of the complaint; and                 (7)  [ (6) ]  an explanation of the reason the file was   closed, if the commission closed the file without taking action   other than to investigate the complaint.           (a-1)     Not later than the 45th day after the date a person   files a complaint with the commission, the person may submit to the   commission additional documentation to support the complaint.          SECTION 3.  Subchapter B, Chapter 33, Government Code, is   amended by adding Section 33.02115 to read as follows:           Sec.   33.02115.     FALSE COMPLAINT; ADMINISTRATIVE PENALTY.     (a) The commission may impose administrative sanctions, including   an administrative penalty under Subsection (b), against a person   who knowingly files a false complaint with the commission under   this subchapter.           (b)     The commission may impose on a person described by   Subsection (a) an administrative penalty in the amount of:                 (1)  not more than $500 for the first false complaint;                 (2)     not more than $2,500 for the second false   complaint; and                 (3)     not less than $5,000 but not more than $10,000 for   each false complaint filed subsequent to the second.           (c)     An order imposing an administrative penalty or other   sanction under this section is a public record.   The commission   shall publish notice of the penalty or other sanction on the   commission's Internet website.          SECTION 4.  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)     If, after completing a preliminary investigation   under Subsection (a), commission staff determines that given the   content of a complaint a full investigation is necessary before the   next commission meeting, commission staff may commence the   investigation.   Not less than seven business days after the date   commission staff commences a full investigation under this   subsection, the staff shall provide written notice of the full   investigation to the judge who is the subject of the complaint.   Notice provided under this subsection shall comply with the   requirements of Section 33.022(c)(1)(B).                 (a-2)   Not later than the 10th 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 , including whether commission staff commenced a full   investigation under Subsection (a-1); and                 (3)  the commission staff's recommendations for   commission action regarding the complaint , including any   recommendation for further investigation or termination of the   investigation and dismissal of 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:                       (A)     five business days after the commission   meeting if the commission determines no further action will be   taken on the complaint; or                       (B)     seven business days after the commission   meeting if the commission determines to take any further action on   the complaint, including by pursuing further investigation; 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 less than five business days   after notice is provided under Subdivision (1).          (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 following   [ legislature ] of the extension :                 (1)  the governor;                 (2)  the lieutenant governor;                 (3)  the speaker of the house of representatives;                 (4)     the presiding officer of each legislative standing   committee with primary 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 is located the court the judge who is the subject of   the complaint serves .           (e)   The commission may not disclose to a person informed   under Subsection (d) [ the legislature ] any confidential   information regarding the complaint.          SECTION 5.  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 agen [Text truncated for display. 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