SJR27 - Proposing a constitutional amendment regarding the membership of the State Commission on Judicial Conduct, the membership of the tribunal to review the commission's recommendations, and the authority of the commission, the tribunal, and the Texas Supreme Court to more effectively sanction judges and justices for judicial misconduct.

      S.J.R. No. 27         proposing a constitutional amendment regarding the membership of   the State Commission on Judicial Conduct, the membership of the   tribunal to review the commission's recommendations, and the   authority of the commission, the tribunal, 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), (8), and (9) and adding   Subdivisions (2-a), (2-b), and (8-a) to read as follows:                (2)  The State Commission on Judicial Conduct consists   of the following 13 [ thirteen (13) ] members[ , to wit ]:                      (i)   six judges or justices of courts in this   state appointed by the Supreme Court with the advice and consent of   the Senate, two of whom must be trial court judges [ one (1) Justice   of a Court of Appeals ]; and                      (ii)   seven [ one (1) District Judge; (iii)     two   (2) members of the State Bar, who have respectively practiced as   such for over ten (10) consecutive years next preceding their   selection; (iv)     five (5) ] citizens appointed by the Governor with   the advice and consent of the Senate, who are [ , ] at least 35 [ thirty   (30) ] years of age .                 (2-a)  A [ , not licensed to practice law nor holding any   salaried public office or employment; (v)     one (1) Justice of the   Peace; (vi)     one (1) Judge of a Municipal Court; (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     [ shall ] be appointed to or remain a member of the Commission if the   person [ , who ] does not maintain physical residence within this   State[ , ] or has [ who shall have ] ceased to retain the   qualifications [ above ] specified in Subsection (2) of this Section   for that person's appointment.                 (2-b)     A person appointed under Subsection (2) of this   Section who is a judge or justice [ 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 who is a judge or justice .   [ 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 :                       (i)     for a person holding an office or position   specified in Subsection (6) of this Section who has never been   issued an order under this subparagraph and in response to a   complaint or report other than a complaint or report alleging the   person engaged in conduct constituting a criminal offense, issue an   order of private admonition, warning, reprimand, censure, or   requirement that the person obtain additional training or   education;                       (ii) issue a [ private or ] public admonition,   warning, reprimand, or requirement that the person obtain   additional training or education ; [ , ] or                       (iii) 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 and to the   Supreme Court .                 (8-a) A [ The ] Master appointed under Subsection   (8)(iii) of this Section shall have all the power of a District   Judge in the enforcement of orders pertaining to witnesses,   evidence, and procedure. If, after formal hearing under Subsection   (8)(iii) of this Section , or after considering the record and   report of a Master appointed under Subsection (8)(iii) of this   Section , the Commission finds the person engaged in wilful or   persistent conduct that is clearly inconsistent with the proper   performance of a judge's duties or other  good cause therefor, the   Commission:                       (i)   [ it ] shall issue for the person  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                       (ii)  may [ 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.                (9)  A tribunal to review the Commission's   recommendation for the removal or retirement of a person holding an   office or position specified in Subsection (6) of this Section is   composed of seven [ (7) ] Justices [ or Judges ] of the Courts of   Appeals who are selected [ by lot ] by the Chief Justice of the   Supreme Court.  [ Each Court of Appeals shall designate one of its   members for inclusion in the list from which the selection is made. ]     Service on the tribunal shall be considered part of the official   duties of a justice [ judge ], and no additional compensation may be   paid for such service.  The review tribunal shall review the record   of the proceedings on the law and facts and in its discretion may,   for good cause shown, permit the introduction of additional   evidence.  Within 90 days after the date on which the record is   filed with the review tribunal, it shall order public censure,   suspension without pay for a specified period, retirement or   removal, as it finds just and proper, or wholly reject the   recommendation.  A Justice, Judge, Master, or Magistrate may appeal   a decision of the review tribunal to the Supreme Court under the   substantial evidence rule.  Upon an order for involuntary   retirement for disability or an order for removal, the office in   question shall become vacant.  The review tribunal, in an order for   involuntary retirement for disability or an order for removal,   shall [ may ] prohibit such person from holding judicial office in   the future.  The rights of a person [ an incumbent ] so retired to   retirement benefits shall be the same as if the person's [ his ]   retirement had been voluntary.          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 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, pending final disposition of the charge .  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, the membership of the tribunal to   review the commission's recommendations, and the authority of the   commission, the tribunal, and the Texas Supreme Court to more   effectively sanction judges and justices for judicial misconduct.     The constitutional amendment takes effect January 1, 2026.           (b)     Notwithstanding any other law, the terms of the   commissioners of the State Commission on Judicial Conduct serving   before January 1, 2026, expire July 1, 2026.           (c)     Notwithstanding any other law, the Texas Supreme Court,   with the advice and consent of the Senate, shall appoint additional   commissioners to the State Commission on Judicial Conduct to serve   staggered terms beginning January 1, 2026, as follows:                 (1)  two commissioners to serve six-year terms;                 (2)  two commissioners to serve four-year terms; and                 (3)  two commissioners to serve two-year terms.           (d)     Notwithstanding any other law, the governor shall   appoint additional commissioners to the State Commission on   Judicial Conduct to serve staggered terms beginning January 1,   2026, as follows:                   (1)  three commissioners to serve six-year terms;                   (2)  two commissioners to serve four-year terms; and                   (3)  two commissioners to serve two-year terms.           (e) & [Text truncated for display. 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