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Senate Bill 209 |
Senate Author: Huffman et al. |
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Effective: See below |
House Sponsor: Dutton |
Senate Bill 209 amends Government Code provisions relating to the functions and operations of the State Commission on Judicial Conduct. The bill continues the commission until 2019, requires a sunset review every 12 years thereafter, and clarifies that the commission is an agency of the judicial branch that administers judicial discipline but does not have the power and authority of a court. The bill requires the commission's annual report to be submitted to the legislature electronically.
Senate Bill 209 requires the commission to hold a public hearing in each even-numbered year to consider public comment regarding the commission's mission and operations. The commission must notify the secretary of state of such a hearing, and the secretary of state must post a public meeting notice online. The bill also requires the commission to provide Sunset Advisory Commission staff with access to confidential documents, records, meetings, and proceedings deemed necessary to conduct a complete and thorough evaluation; to periodically assess its operations and implement any improvements needed to increase efficiency; and to review its procedural rules adopted by the supreme court and report any necessary rule revisions to the court. An initial review of commission operations and procedural rules must be completed by December 31, 2013.
Senate Bill 209 requires the commission, after dismissing a complaint regarding judicial misconduct, to provide in its notice to the complainant an explanation of each reason why the conduct alleged in the complaint failed to constitute judicial misconduct. The bill also authorizes the commission, in conjunction with voter approval of a proposed constitutional amendment, to use its full range of disciplinary actions, including public sanctions, following formal proceedings. The bill authorizes a court of review to hear appeals of sanctions following formal proceedings in the same manner as it hears appeals of censures.
Senate Bill 209 takes effect September 1, 2013, except for provisions relating to sanctions, which take effect contingent on voter approval of the constitutional amendment proposed by Senate Joint Resolution 42.