HBA-KDB C.S.S.B. 303 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 303 By: Lucio Judicial Affairs 5/3/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE The State Commission on Judicial Conduct (commission) exercises jurisdiction over approximately 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. C.S.S.B. 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 C.S.S.B. 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 and to inform a complainant 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 the commission to invite complainants to appear at informal proceedings (Sec. 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 to law enforcement agencies, public officials who appoint judges to the bench, courts, entities that provide commission-ordered education, and the State Bar of Texas, as necessary to protect the public interest (Secs. 33.032 and 33.036). The bill prohibits the commission from imposing a sanction on a judge solely because of the judge's participation in a professional association (Sec. 33.038). The bill entitles the commission to obtain from the Department of Public Safety the criminal history record information of a judge under investigation, or of a complainant or a 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 any person employed by the special counsel or others appointed to assist the commission in performing its duties (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 with the 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 the physical or mental incapacity of a judge and 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, 33.0041-33.0046, and 33.0211). Not later than January 1, 2002, the commission is required to develop plain-language materials, adopt a policy to effectively distribute the materials, and adopt a policy for hearing procedures. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 303 modifies the original bill by removing provisions that allow people who bring complaints against judges to request confidentiality from the State Commission on Judicial Conduct (commission). The substitute modifies the definition of "wilful or persistent conduct that is clearly inconsistent with the proper performance of a judge's duties" by removing failure to cooperate with the commission (Sec. 33.001). The substitute requires the commission to make a complaint file available to the judge who is the subject of the complaint or to the judge's attorney at least seven days before the date that a hearing on the complaint is held (Sec. 33.0211). The substitute requires the communication that notifies a complainant of the disposition of a case to inform the complainant that appropriate action has been taken, rather than that a private sanction or order of additional education has been issued by the commission (Sec. 33.033). The substitute prohibits the commission from imposing a sanction on a judge solely because of the judge's participation in a professional association (Sec. 33.038).