HBA-KDB S.B. 303 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 303
By: Lucio
Judicial Affairs
4/4/2001
Engrossed



BACKGROUND AND PURPOSE 

The State Commission on Judicial Conduct (commission) exercises
jurisdiction over about 3,450 judges and judicial officers.  Created by a
constitutional amendment in 1965, the commission is a judicial agency whose
major function is investigating and taking appropriate action in cases of
judicial misconduct or incapacity of judges and judicial officers.
Sanctions may include discipline, education, censure, or filing of formal
proceedings that could result in removal from office.   The commission
operates with an annual budget of about $700,000 and employs 15 people.
Senate Bill 303 modifies statutory provisions regarding the commission
recommended by the Sunset Advisory Commission. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 303 amends the Government Code to require the State Commission
on Judicial Conduct (commission) to develop and distribute plain-language
materials to the public and judges on what constitutes judicial misconduct
(Sec. 33.007).  The bill requires the commission to provide complainants
with an explanation of complaint dismissals, to inform a complainant when
the commission issues a private sanction or order of additional education,
and when a judge has resigned from judicial office in lieu of disciplinary
action by the commission (Sec. 33.033).  The bill requires the Texas Bar
Journal to publish public statements and summaries of sanctions issued by
the commission (Sec. 33.005). 

The bill allows people who bring complaints against judges to request
confidentiality, and allows the commission to invite complainants to appear
at informal proceedings (Secs. 33.0321 and 33.022).  The bill codifies a
complainant's right to request reconsideration of a dismissed complaint and
outlines procedures for reconsideration (Secs. 33.033 and 33.035).   

The bill removes confidentiality restrictions related to the commission's
ability to oversee judicial conduct. The bill requires that formal hearings
and related documents to discipline  or remove a judge become public when
the commission files formal charges to institute the proceedings, clarifies
which documents become public on issuance of a public admonition, and
clarifies that documents related to suspension of orders of a judge under
criminal indictment are required to be public (Sec. 33.032).  The bill
authorizes the commission to disclose information with certain law
enforcement, public officials who appoint judges to the bench, courts, an
entity that provides commission-ordered education, and the State Bar of
Texas, as necessary to protect the  public interest (Secs. 33.032 and
33.036).  The bill entitles the commission to obtain from the Department of
Public Safety the criminal history record information of a judge under
investigation, and of a complainant or witness in any commission
investigation (Sec. 411.137). 

The bill requires the commission to routinely provide information relating
to judicial misconduct to entities that provide education to judges (Sec.
33.008).    The bill makes special master compensation consistent with pay
for visiting judges (Sec. 33.004).  The bill provides immunity from
liability for special counsel or  others employed to assist the commission
in performing its duties, such as mentor judges (Sec. 33.006). 

The bill removes language that allows the commission to arrange for
attendance of witnesses not subject to subpoena, and allows notice to
submit a written response or appear informally before the commission to be
served on a judge's attorney.  The bill removes the authorization for
notice to be served by a commission member.  The bill provides the
commission authority to order a judge's written response, informal
appearance, or deposition (Secs. 33.021 and 33.022). 

The bill requires the commission to inform a complainant when a judge has
resigned from judicial office in lieu of disciplinary action by the
commission, and states when these agreements become public (Secs. 33.032
and 33.033). 

The bill authorizes the commission to order a physical or mental
examination in any investigation or proceeding involving physical or mental
incapacity of a judge, and also removes language requiring a physical or
mental incapacity of a judge, and also removes language requiring a
physical or mental examination to take place in the judge's place of
residence or location to which the judge consents  (Sec. 33.023). 

The bill clarifies provisions relating to judicial misconduct and adds
examples to further define judicial misconduct and further define official
misconduct for suspension purposes (Sec. 33.001). 

The bill sets forth standard Sunset Advisory Commission recommendations
regarding the maintaining of written complaints, equal employment,
conflicts of interest, member removal, equal employment policy, member
training, standards of conduct policy, and state employee incentive program
implementation by the commission (Secs. 33.002, 33.0032, 33.0041, 33.0042,
33.0043, 33.0044, 33.0045, 33.0046, and 33.0211). 

Not later than January 1, 2002, the commission is required to develop
plain-language materials and a policy to effectively distribute the
materials, and adopt a policy for hearing procedures. 

EFFECTIVE DATE

September 1, 2001.