BILL ANALYSIS

H.B. 1204

By: Hartnett

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Citizens are allowed to file complaints regarding possible judicial misconduct or disability with the State Commission on Judicial Conduct. Under current law, the judge responding to such allegations must pay the costs of the judge's defense with the judge's own money, without regard to the merits of the complaint. This legislation recognizes that a judge’s response to an inquiry by a state agency should be considered a part of the judge's official duties.

H.B. 1204 authorizes a judge to request and receive assistance from members of the judge's staff and to use the judge's and staff's office equipment to prepare a response for the commission.

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. 1204 amends the Government Code to authorize a judge to request and receive the assistance of the judge's staff and to use the judge's and staff's office equipment to prepare for the State Commission on Judicial Conduct a response to a complaint or a request for information related to an allegation or appearance of misconduct or disability, or to provide other information requested by the commission.

EFFECTIVE DATE

On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.