1-1 By: West S.B. No. 1022
1-2 (In the Senate - Filed March 1, 2001; March 5, 2001, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 March 13, 2001, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; March 13, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the functions of the State Commission on Judicial
1-9 Conduct.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 33.001, Government Code, is amended by
1-12 amending Subsections (b) and (c) and adding Subsection (d) to read
1-13 as follows:
1-14 (b) For purposes of Section 1-a, Article V, Texas
1-15 Constitution, "wilful or persistent conduct that is clearly
1-16 inconsistent with the proper performance of a judge's duties"
1-17 includes:
1-18 (1) wilful, persistent, and unjustifiable failure to
1-19 timely execute the business of the court, considering the quantity
1-20 and complexity of the business;
1-21 (2) wilful violation of a provision of the Texas penal
1-22 statutes or the Code of Judicial Conduct;
1-23 (3) persistent or wilful violation of the rules
1-24 promulgated by the supreme court; [or]
1-25 (4) incompetence in the performance of the duties of
1-26 the office;
1-27 (5) failure to cooperate with the commission; or
1-28 (6) violation of any provision of a voluntary
1-29 agreement to resign from judicial office in lieu of disciplinary
1-30 action by the commission.
1-31 (c) The definitions [definition] provided by Subsections
1-32 [Subsection] (b) and (d) are [is] not exclusive.
1-33 (d) For purposes of Subdivision (6), Section 1-a, Article V,
1-34 Texas Constitution, a misdemeanor involving official misconduct
1-35 includes a misdemeanor involving an act relating to a judicial
1-36 office or a misdemeanor involving an act involving moral turpitude.
1-37 SECTION 2. Subsection (c), Section 33.004, Government Code,
1-38 is amended to read as follows:
1-39 (c) A special master who is a retired judge of a district
1-40 court or the court of criminal appeals or a retired justice of a
1-41 court of appeals or the supreme court is entitled to compensation
1-42 in the same manner as provided by Section 74.061. For purposes of
1-43 this subsection, the term "court" in Section 74.061(c) means the
1-44 district court in the county in which formal proceedings are heard
1-45 by the special master [a per diem of $25 for each day or part of a
1-46 day that the person spends in the performance of the duties of
1-47 special master. In addition, the special master is entitled to an
1-48 amount equal to the difference between the retirement benefits that
1-49 the person receives as a retired judge or justice and the
1-50 compensation that the state pays an active judge or justice of the
1-51 court from which the person retired. The per diem and compensation
1-52 under this subsection is in addition to the retirement benefits to
1-53 which the person is entitled].
1-54 SECTION 3. Subsection (e), Section 33.005, Government Code,
1-55 is amended to read as follows:
1-56 (e) The Texas Bar Journal shall publish public statements
1-57 and summaries of sanctions issued by [a report received from] the
1-58 commission [under Subsection (c)].
1-59 SECTION 4. Subsection (a), Section 33.006, Government Code,
1-60 is amended to read as follows:
1-61 (a) This section applies to:
1-62 (1) the commission;
1-63 (2) a member of the commission;
1-64 (3) the executive director of the commission;
2-1 (4) an employee of the commission;
2-2 (5) a special master appointed under Section 1-a(8),
2-3 Article V, Texas Constitution; [and]
2-4 (6) special counsel for the commission and any person
2-5 employed by the special counsel; and
2-6 (7) any other person appointed by the commission to
2-7 assist the commission in performing its duties.
2-8 SECTION 5. Section 33.021, Government Code, is amended to
2-9 read as follows:
2-10 Sec. 33.021. GENERAL POWERS OF COMMISSION. The commission
2-11 may:
2-12 (1) design and use a seal;
2-13 (2) employ persons that it considers necessary to
2-14 carry out the duties and powers of the commission;
2-15 (3) employ special counsel as it considers necessary;
2-16 (4) arrange for attendance of witnesses[, including
2-17 those not subject to subpoena];
2-18 (5) arrange for and compensate expert witnesses and
2-19 reporters; and
2-20 (6) pay from its available funds the reasonably
2-21 necessary expenses of carrying out its duties under the
2-22 constitution, including providing compensation to special masters.
2-23 SECTION 6. Subsections (c) and (i), Section 33.022,
2-24 Government Code, are amended to read as follows:
2-25 (c) If, after conducting a preliminary investigation under
2-26 this section, the commission does not determine that an allegation
2-27 or appearance of misconduct or disability is unfounded or
2-28 frivolous, the commission:
2-29 (1) shall:
2-30 (A) conduct a full investigation of the
2-31 circumstances surrounding the allegation or appearance of
2-32 misconduct or disability; and
2-33 (B) notify the judge in writing of:
2-34 (i) the commencement of the investigation;
2-35 and
2-36 (ii) the nature of the allegation or
2-37 appearance of misconduct or disability being investigated; and
2-38 (2) may:
2-39 (A) order [request] the judge to:
2-40 (i) submit a written response to the
2-41 allegation or appearance of misconduct or disability; or
2-42 (ii) appear informally before the
2-43 commission; or
2-44 (B) order the deposition of any person [other
2-45 than the judge].
2-46 (i) The notice shall be served on the judge or the judge's
2-47 attorney of record by personal service of a copy of the notice by a
2-48 [member of the commission or by some] person designated by the
2-49 chairperson. The person serving the notice shall promptly notify
2-50 the clerk in writing of the date on which the notice was served.
2-51 If it appears to the chairperson on affidavit that, after
2-52 reasonable effort during a period of 10 days, personal service
2-53 could not be had, service may be made by mailing by registered or
2-54 certified mail copies of the notice addressed to the judge at the
2-55 judge's chambers or at the judge's last known residence in an
2-56 envelope marked "personal and confidential." The date of mailing
2-57 shall be entered in the docket.
2-58 SECTION 7. Subsections (a) and (b), Section 33.023,
2-59 Government Code, are amended to read as follows:
2-60 (a) In any investigation or proceeding that involves the
2-61 [involuntary retirement of a judge because of] physical or mental
2-62 incapacity of a judge [to discharge the judge's duty], the
2-63 commission may order the judge to submit to a physical or mental
2-64 examination by one or more qualified physicians or a mental
2-65 examination by one or more qualified psychologists selected and
2-66 paid for by the commission.
2-67 (b) The commission shall give the judge written notice of
2-68 the examination not later than 10 days before the date of the
2-69 examination. The notice must include the physician's name and the
3-1 date, time, and place of the examination. [The examination must be
3-2 in a city or town in which the judge permanently or temporarily
3-3 resides, or at a location in the state to which the judge
3-4 consents.]
3-5 SECTION 8. Section 33.032, Government Code, is amended by
3-6 amending Subsections (a) and (c) and adding Subsections (f) and (g)
3-7 to read as follows:
3-8 (a) Except as otherwise provided by this section and Section
3-9 33.034 [and Subsections (c), (d), and (e)], the papers filed with
3-10 and proceedings before the commission are confidential prior to the
3-11 convening of a formal hearing.
3-12 (c) On issuance of [If the commission issues] a public
3-13 admonition, warning, reprimand, or public requirement that a person
3-14 obtain additional training or education by the commission, the
3-15 record of the informal appearance and the [all papers,] documents
3-16 presented to[, evidence, and records considered by] the commission
3-17 during the informal appearance that are not protected by
3-18 attorney-client or work product privilege[, or forwarded to the
3-19 commission by its staff, in the proceedings] shall be public.
3-20 (f) The commission may release to the Office of the Chief
3-21 Disciplinary Counsel of the State Bar of Texas information
3-22 indicating that an attorney, including a judge who is acting in the
3-23 judge's capacity as an attorney, has violated the Texas
3-24 Disciplinary Rules of Professional Conduct.
3-25 (g) A voluntary agreement to resign from judicial office in
3-26 lieu of disciplinary action by the commission shall be public on
3-27 the commission's acceptance of the agreement. The agreement and
3-28 any agreed statement of facts relating to the agreement are
3-29 admissible in a subsequent proceeding before the commission. An
3-30 agreed statement of facts may be released to the public only if the
3-31 judge violates a term of the agreement.
3-32 SECTION 9. Subsections (a) and (b), Section 33.033,
3-33 Government Code, are amended to read as follows:
3-34 (a) The commission shall promptly notify a complainant of
3-35 the disposition of the case [complaint].
3-36 (b) The communication shall inform the complainant that:
3-37 (1) the case [complaint] has been dismissed;
3-38 (2) a private sanction or order of additional
3-39 education has been issued by the commission [appropriate action has
3-40 been taken, the nature of which will not be disclosed unless
3-41 disclosure is authorized under Section 33.032];
3-42 (3) a public sanction has been issued by the
3-43 commission; [or]
3-44 (4) formal proceedings have been instituted; or
3-45 (5) a judge has resigned from judicial office in lieu
3-46 of disciplinary action by the commission.
3-47 SECTION 10. Subsection (h), Section 33.034, Government Code,
3-48 is amended to read as follows:
3-49 (h) Within 30 days after the date on which the charging
3-50 document is filed with the clerk, the court shall conduct a hearing
3-51 on the charging document. The court may, if good cause is shown,
3-52 grant one or more continuances not to exceed a total of 60 [30]
3-53 days. Within 60 days after the hearing, the court[, in its
3-54 discretion,] shall issue a decision as to the proper disposition of
3-55 the appeal.
3-56 SECTION 11. Subchapter B, Chapter 33, Government Code, is
3-57 amended by adding Section 33.035 to read as follows:
3-58 Sec. 33.035. CONTINUATION OF SUSPENSION ORDER. If a judge
3-59 who is indicted for a felony or charged with a misdemeanor
3-60 involving official misconduct is convicted of or granted deferred
3-61 adjudication for the offense, an order of suspension in effect on
3-62 the date of conviction or grant of deferred adjudication shall
3-63 remain in effect until the commission takes further action on the
3-64 order.
3-65 SECTION 12. (a) Section 33.001, Government Code, as amended
3-66 by this Act, applies only to conduct that occurs or an act
3-67 committed on or after the effective date of this Act. Conduct that
3-68 occurs or an act committed before the effective date of this Act is
3-69 covered by the law in effect at the time the conduct occurred or
4-1 the act was committed, and the former law is continued in effect
4-2 for that purpose.
4-3 (b) Section 33.004, Government Code, as amended by this Act,
4-4 applies only to the compensation of a special master appointed on
4-5 or after the effective date of this Act. The compensation of a
4-6 special master appointed before the effective date of this Act is
4-7 governed by the law in effect at the time the appointment was made,
4-8 and the former law is continued in effect for that purpose.
4-9 (c) Section 33.006, Government Code, as amended by this Act,
4-10 applies only to a cause of action that accrues on or after the
4-11 effective date of this Act. A cause of action that accrues before
4-12 the effective date of this Act is governed by the law in effect at
4-13 the time the cause of action accrued, and that law is continued in
4-14 effect for that purpose.
4-15 (d) Section 33.032, Government Code, as amended by this Act,
4-16 applies to papers filed with and proceedings before the State
4-17 Commission on Judicial Conduct, regardless of whether the papers
4-18 were filed or the proceedings were commenced before, on, or after
4-19 the effective date of this Act.
4-20 (e) Section 33.033, Government Code, as amended by this Act,
4-21 applies only to complaints filed with the State Commission on
4-22 Judicial Conduct on or after the effective date of this Act.
4-23 (f) Section 33.035, Government Code, as added by this Act,
4-24 applies only to a judgment of conviction or a grant of deferred
4-25 adjudication for an offense committed on or after the effective
4-26 date of this Act. A judgment of conviction or a grant of deferred
4-27 adjudication for an offense committed before the effective date of
4-28 this Act is covered by the law in effect when the offense was
4-29 committed, and the former law is continued in effect for that
4-30 purpose. For purposes of this subsection, an offense was committed
4-31 before the effective date of this Act if any element of the offense
4-32 occurred before that date.
4-33 SECTION 13. This Act takes effect September 1, 2001.
4-34 * * * * *