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.