Enrolled Bill Summary

            The State Commission on Judicial Conduct was subject to review under the Texas Sunset Act during the 2001 sunset cycle and will continue to be reviewed every 12 years. The commission is subject to review only, not abolishment. In response to that review, Senate Bill 303 amends provisions of the Government Code relating to the functions of the State Commission on Judicial Conduct and makes statutory modifications recommended by the sunset commission relating to confidentiality, training, and public awareness and participation in the complaint process and makes several other changes.

            The bill includes among the types of conduct that are inconsistent with the proper performance of a judge's duties the failure of a judge to cooperate with the commission and the violation of any provision of a voluntary agreement to resign from office in lieu of disciplinary action by the commission. It sets forth new provisions relating to conflict of interest for employees of the commission, the removal of a commission member, requirements to hold office or to be employed by the commission, training for commission members, and the division of responsibility of the commission and the executive director and staff of the commission. The bill amends provisions relating to appointments to the commission; the compensation and expenses for certain retired justices; the publication of commission statements, sanctions, and orders; and immunity from liability extended to any person employed by a special counsel for the commission or any person appointed by the commission to assist in performing its duties.

            Senate Bill 303 requires the commission to distribute to judges and the public plain-language material describing the commission's duties, acts of judicial misconduct, types of sanctions, and policies and procedures relating to complaint investigation and resolution. It authorizes the commission to disclose to certain entities, including a law enforcement agency, information on an investigation or proceeding to protect the public interest. The bill amends procedures for complaints, investigations, and formal proceedings; the time that a formal proceeding or order for suspension is considered public information; and the confidentiality of papers, records, proceedings, and the identity of complainants. It requires the commission to notify the complainant of the disposition of a case, including an explanation of the reason a case was dismissed. Senate Bill 303 establishes new provisions relating to a complainant's appearance at informal proceedings, the reconsideration of a dismissed complaint, the disclosure to certain entities of information in an investigation or proceeding, the suspension of a judge during an appeal, the automatic removal of a judge if convicted or granted deferred adjudication, and the authority of the commission to obtain criminal history record information maintained by the Department of Public Safety.