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BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 2325

                                                                                                                                       By: Hinojosa

                                                                                                                                      Jurisprudence

                                                                                                                                              4/6/2009

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current law, the attorney for a judge who is facing sanctions can subpoena members of the State Commission on Judicial Conduct (commission) to disclose the identities of those commission members who voted in favor of sanctions.

 

As proposed,  S.B. 2325 provides that certain information of the commission, its employees, special counsel, and the identity of a confidential complainant or informant are confidential and privileged unless expressly waived, in writing, by the commission, or, in the case of a confidential complainant or informant, by that individual or their legal representative. 

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 33.032, Government Code, by adding Subsection (i) as follows:

 

(i) Provides that the discussions, thought processes, or individual votes of members of the State Commission on Judicial Conduct (commission), the discussion or thought processes of employees of the commission, including special counsel for the commission, and the identity of a confidential complainant or informant are confidential and privileged unless expressly waived, in writing, by the commission or, in the case of a confidential complainant or informant, by that individual or the legal representative of the individual.

 

SECTION 2.  Effective date: September 1, 2009.