H.B. 1768 78(R)    BILL ANALYSIS


H.B. 1768
By: Ellis
Judicial Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

The State Commission on Judicial Conduct (the "Commission") is responsible
for investigating complaints against judges regarding judicial misconduct.
When a complaint is filed, the Commission staff first conducts an
investigation.  Many complaints are dismissed at this stage.  If there
appear to be grounds for further proceedings, the Commission may set an
informal hearing and resolve the matter at that level.  H.B. 1768 would
not apply to matters resolved at the informal hearing level.   

For serious misconduct, the Commission can vote to conduct formal
proceedings.  In most cases, a special master is appointed and the
proceedings follow a procedure similar to that of a trial.  Under current
law, the state bears the expense of these proceedings even if the judge is
found guilty of serious misconduct and is removed from office.  H.B. 1768
shifts this cost burden and requires judges found guilty of serious
misconduct in formal proceedings to pay attorney's fees and reasonable
expenses related to the proceedings.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

H.B. 1768 amends the Government Code to provide that on a finding of
misconduct of a judge in formal proceedings before a special master or the
Commission, the Commission is entitled to recover from the judge court
costs, attorney's fees, and reasonable expenses related to the
proceedings.  

EFFECTIVE DATE

September 1, 2003.