By West S.B. No. 1022
77R7063 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the functions of the State Commission on Judicial
1-3 Conduct.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 33.001, Government Code, is amended by
1-6 amending Subsections (b) and (c) and adding Subsection (d) to read
1-7 as follows:
1-8 (b) For purposes of Section 1-a, Article V, Texas
1-9 Constitution, "wilful or persistent conduct that is clearly
1-10 inconsistent with the proper performance of a judge's duties"
1-11 includes:
1-12 (1) wilful, persistent, and unjustifiable failure to
1-13 timely execute the business of the court, considering the quantity
1-14 and complexity of the business;
1-15 (2) wilful violation of a provision of the Texas penal
1-16 statutes or the Code of Judicial Conduct;
1-17 (3) persistent or wilful violation of the rules
1-18 promulgated by the supreme court; [or]
1-19 (4) incompetence in the performance of the duties of
1-20 the office;
1-21 (5) failure to cooperate with the commission; or
1-22 (6) violation of any provision of a voluntary
1-23 agreement to resign from judicial office in lieu of disciplinary
1-24 action by the commission.
2-1 (c) The definitions [definition] provided by Subsections
2-2 [Subsection] (b) and (d) are [is] not exclusive.
2-3 (d) For purposes of Subdivision (6), Section 1-a, Article V,
2-4 Texas Constitution, a misdemeanor involving official misconduct
2-5 includes a misdemeanor involving an act relating to a judicial
2-6 office or a misdemeanor involving an act involving moral turpitude.
2-7 SECTION 2. Section 33.004(c), Government Code, is amended to
2-8 read as follows:
2-9 (c) A special master who is a retired judge of a district
2-10 court or the court of criminal appeals or a retired justice of a
2-11 court of appeals or the supreme court is entitled to compensation
2-12 in the same manner as provided by Section 74.061. For purposes of
2-13 this subsection, the term "court" in Section 74.061(c) means the
2-14 district court in the county in which formal proceedings are heard
2-15 by the special master [a per diem of $25 for each day or part of a
2-16 day that the person spends in the performance of the duties of
2-17 special master. In addition, the special master is entitled to an
2-18 amount equal to the difference between the retirement benefits that
2-19 the person receives as a retired judge or justice and the
2-20 compensation that the state pays an active judge or justice of the
2-21 court from which the person retired. The per diem and compensation
2-22 under this subsection is in addition to the retirement benefits to
2-23 which the person is entitled].
2-24 SECTION 3. Section 33.005(e), Government Code, is amended to
2-25 read as follows:
2-26 (e) The Texas Bar Journal shall publish public statements
2-27 and summaries of sanctions issued by [a report received from] the
3-1 commission [under Subsection (c)].
3-2 SECTION 4. Section 33.006(a), Government Code, is amended to
3-3 read as follows:
3-4 (a) This section applies to:
3-5 (1) the commission;
3-6 (2) a member of the commission;
3-7 (3) the executive director of the commission;
3-8 (4) an employee of the commission;
3-9 (5) a special master appointed under Section 1-a(8),
3-10 Article V, Texas Constitution; [and]
3-11 (6) special counsel for the commission and any person
3-12 employed by the special counsel; and
3-13 (7) any other person appointed by the commission to
3-14 assist the commission in performing its duties.
3-15 SECTION 5. Section 33.021, Government Code, is amended to
3-16 read as follows:
3-17 Sec. 33.021. GENERAL POWERS OF COMMISSION. The commission
3-18 may:
3-19 (1) design and use a seal;
3-20 (2) employ persons that it considers necessary to
3-21 carry out the duties and powers of the commission;
3-22 (3) employ special counsel as it considers necessary;
3-23 (4) arrange for attendance of witnesses[, including
3-24 those not subject to subpoena];
3-25 (5) arrange for and compensate expert witnesses and
3-26 reporters; and
3-27 (6) pay from its available funds the reasonably
4-1 necessary expenses of carrying out its duties under the
4-2 constitution, including providing compensation to special masters.
4-3 SECTION 6. Sections 33.022(c) and (i), Government Code, are
4-4 amended to read as follows:
4-5 (c) If, after conducting a preliminary investigation under
4-6 this section, the commission does not determine that an allegation
4-7 or appearance of misconduct or disability is unfounded or
4-8 frivolous, the commission:
4-9 (1) shall:
4-10 (A) conduct a full investigation of the
4-11 circumstances surrounding the allegation or appearance of
4-12 misconduct or disability; and
4-13 (B) notify the judge in writing of:
4-14 (i) the commencement of the investigation;
4-15 and
4-16 (ii) the nature of the allegation or
4-17 appearance of misconduct or disability being investigated; and
4-18 (2) may:
4-19 (A) order [request] the judge to:
4-20 (i) submit a written response to the
4-21 allegation or appearance of misconduct or disability; or
4-22 (ii) appear informally before the
4-23 commission; or
4-24 (B) order the deposition of any person [other
4-25 than the judge].
4-26 (i) The notice shall be served on the judge or the judge's
4-27 attorney of record by personal service of a copy of the notice by a
5-1 [member of the commission or by some] person designated by the
5-2 chairperson. The person serving the notice shall promptly notify
5-3 the clerk in writing of the date on which the notice was served. If
5-4 it appears to the chairperson on affidavit that, after reasonable
5-5 effort during a period of 10 days, personal service could not be
5-6 had, service may be made by mailing by registered or certified mail
5-7 copies of the notice addressed to the judge at the judge's chambers
5-8 or at the judge's last known residence in an envelope marked
5-9 "personal and confidential." The date of mailing shall be entered
5-10 in the docket.
5-11 SECTION 7. Sections 33.023(a) and (b), Government Code, are
5-12 amended to read as follows:
5-13 (a) In any investigation or proceeding that involves the
5-14 [involuntary retirement of a judge because of] physical or mental
5-15 incapacity of a judge [to discharge the judge's duty], the
5-16 commission may order the judge to submit to a physical or mental
5-17 examination by one or more qualified physicians or a mental
5-18 examination by one or more qualified psychologists selected and
5-19 paid for by the commission.
5-20 (b) The commission shall give the judge written notice of
5-21 the examination not later than 10 days before the date of the
5-22 examination. The notice must include the physician's name and the
5-23 date, time, and place of the examination. [The examination must be
5-24 in a city or town in which the judge permanently or temporarily
5-25 resides, or at a location in the state to which the judge
5-26 consents.]
5-27 SECTION 8. Section 33.032, Government Code, is amended by
6-1 amending Subsections (a) and (c) and adding Subsections (f) and (g)
6-2 to read as follows:
6-3 (a) Except as otherwise provided by this section and Section
6-4 33.034 [and Subsections (c), (d), and (e)], the papers filed with
6-5 and proceedings before the commission are confidential prior to the
6-6 convening of a formal hearing.
6-7 (c) On issuance of [If the commission issues] a public
6-8 admonition, warning, reprimand, or public requirement that a person
6-9 obtain additional training or education by the commission, the
6-10 record of the informal appearance and the [all papers,] documents
6-11 presented to [, evidence, and records considered by] the commission
6-12 during the informal appearance that are not protected by
6-13 attorney-client or work product privilege [, or forwarded to the
6-14 commission by its staff, in the proceedings] shall be public.
6-15 (f) The commission may release to the Office of the Chief
6-16 Disciplinary Counsel of the State Bar of Texas information
6-17 indicating that an attorney, including a judge who is acting in the
6-18 judge's capacity as an attorney, has violated the Texas
6-19 Disciplinary Rules of Professional Conduct.
6-20 (g) A voluntary agreement to resign from judicial office in
6-21 lieu of disciplinary action by the commission shall be public on
6-22 the commission's acceptance of the agreement. The agreement and
6-23 any agreed statement of facts relating to the agreement are
6-24 admissible in a subsequent proceeding before the commission. An
6-25 agreed statement of facts may be released to the public only if the
6-26 judge violates a term of the agreement.
6-27 SECTION 9. Sections 33.033(a) and (b), Government Code, are
7-1 amended to read as follows:
7-2 (a) The commission shall promptly notify a complainant of
7-3 the disposition of the case [complaint].
7-4 (b) The communication shall inform the complainant that:
7-5 (1) the case [complaint] has been dismissed;
7-6 (2) a private sanction or order of additional
7-7 education has been issued by the commission [appropriate action has
7-8 been taken, the nature of which will not be disclosed unless
7-9 disclosure is authorized under Section 33.032];
7-10 (3) a public sanction has been issued by the
7-11 commission; [or]
7-12 (4) formal proceedings have been instituted; or
7-13 (5) a judge has resigned from judicial office in lieu
7-14 of disciplinary action by the commission.
7-15 SECTION 10. Section 33.034(h), Government Code, is amended to
7-16 read as follows:
7-17 (h) Within 30 days after the date on which the charging
7-18 document is filed with the clerk, the court shall conduct a hearing
7-19 on the charging document. The court may, if good cause is shown,
7-20 grant one or more continuances not to exceed a total of 60 [30]
7-21 days. Within 60 days after the hearing, the court[, in its
7-22 discretion,] shall issue a decision as to the proper disposition of
7-23 the appeal.
7-24 SECTION 11. Subchapter B, Chapter 33, Government Code, is
7-25 amended by adding Section 33.035 to read as follows:
7-26 Sec. 33.035. CONTINUATION OF SUSPENSION ORDER. If a judge
7-27 who is indicted for a felony or charged with a misdemeanor
8-1 involving official misconduct is convicted of or granted deferred
8-2 adjudication for the offense, an order of suspension in effect on
8-3 the date of conviction or grant of deferred adjudication shall
8-4 remain in effect until the commission takes further action on the
8-5 order.
8-6 SECTION 12. (a) Section 33.001, Government Code, as amended
8-7 by this Act, applies only to conduct that occurs or an act
8-8 committed on or after the effective date of this Act. Conduct that
8-9 occurs or an act committed before the effective date of this Act is
8-10 covered by the law in effect at the time the conduct occurred or
8-11 the act was committed, and the former law is continued in effect
8-12 for that purpose.
8-13 (b) Section 33.004, Government Code, as amended by this Act,
8-14 applies only to the compensation of a special master appointed on
8-15 or after the effective date of this Act. The compensation of a
8-16 special master appointed before the effective date of this Act is
8-17 governed by the law in effect at the time the appointment was made,
8-18 and the former law is continued in effect for that purpose.
8-19 (c) Section 33.006, Government Code, as amended by this Act,
8-20 applies only to a cause of action that accrues on or after the
8-21 effective date of this Act. A cause of action that accrues before
8-22 the effective date of this Act is governed by the law in effect at
8-23 the time the cause of action accrued, and that law is continued in
8-24 effect for that purpose.
8-25 (d) Section 33.032, Government Code, as amended by this Act,
8-26 applies to papers filed with and proceedings before the State
8-27 Commission on Judicial Conduct, regardless of whether the papers
9-1 were filed or the proceedings were commenced before, on, or after
9-2 the effective date of this Act.
9-3 (e) Section 33.033, Government Code, as amended by this Act,
9-4 applies only to complaints filed with the State Commission on
9-5 Judicial Conduct on or after the effective date of this Act.
9-6 (f) Section 33.035, Government Code, as added by this Act,
9-7 applies only to a judgment of conviction or a grant of deferred
9-8 adjudication for an offense committed on or after the effective
9-9 date of this Act. A judgment of conviction or a grant of deferred
9-10 adjudication for an offense committed before the effective date of
9-11 this Act is covered by the law in effect when the offense was
9-12 committed, and the former law is continued in effect for that
9-13 purpose. For purposes of this subsection, an offense was committed
9-14 before the effective date of this Act if any element of the offense
9-15 occurred before that date.
9-16 SECTION 13. This Act takes effect September 1, 2001.