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A BILL TO BE ENTITLED
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AN ACT
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relating to the appeal of a censure issued by the State Commission |
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on Judicial Conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.001(11), Government Code, is amended |
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to read as follows: |
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(11) "Special court of review" means a panel of three |
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justices of the courts of appeal selected by lot by the chief |
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justice of the supreme court on petition to review a censure or |
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sanction issued by the commission under Section 1-a(8), Article V, |
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Texas Constitution. |
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SECTION 2. Sections 33.034(a) and (d), Government Code, are |
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amended to read as follows: |
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(a) A judge who receives from the commission any type of |
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sanction, or a censure issued by the commission under Section |
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1-a(8), Article V, Texas Constitution, is entitled to a review of |
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the commission's decision as provided by this section. This |
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section does not apply to a decision by the commission to institute |
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formal proceedings. |
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(d) Within 15 days after the appointment of the court of |
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review, the commission shall file with the clerk a charging |
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document that includes a copy of the censure or sanction, as |
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applicable, issued and any additional charges to be considered in |
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the de novo proceeding. The charging document is public on its |
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filing with the clerk. On receipt of the filing of the charging |
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document, the clerk shall send the charging document to the judge |
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who is the subject of the document and to each justice on the court |
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of review. |
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SECTION 3. The change in law made by this Act applies only |
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to a censure issued by the State Commission on Judicial Conduct |
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under Section 1-a(8), Article V, Texas Constitution, on or after |
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the effective date of this Act. A censure issued before the |
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effective date of this Act is governed by the law in effect on the |
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date the censure was issued, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |