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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedures of the State Commission on Judicial |
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Conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.005(b), Government Code, is amended |
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to read as follows: |
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(b) The report must include: |
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(1) an explanation of the role of the commission; |
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(2) annual statistical information for the preceding |
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fiscal year, including: |
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(A) the number of complaints received by the |
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commission alleging judicial misconduct or disability; |
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(B) the number of complaints dismissed without |
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commission action other than investigation because the evidence did |
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not support the allegation or appearance of judicial misconduct or |
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disability; |
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(C) the number of complaints dismissed without |
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commission action other than investigation because the facts |
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alleged did not constitute judicial misconduct or disability; |
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(D) the number of complaints dismissed without |
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commission action other than investigation because the allegation |
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or appearance of judicial misconduct or disability was determined |
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to be unfounded or frivolous; |
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(E) the number of complaints filed with the |
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commission for a year or longer for which the commission has not |
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issued a tentative decision; |
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(F) the number of cases that have been referred |
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to law enforcement; |
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(G) the number of each type of judicial |
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misconduct or disability that resulted in sanction or censure of a |
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judge; and |
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(H) [(F)] examples of improper judicial conduct; |
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(3) an explanation of the commission's processes; and |
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(4) changes the commission considers necessary in its |
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rules or the applicable statutes or constitutional provisions. |
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SECTION 2. Section 33.008, Government Code, is amended to |
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read as follows: |
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Sec. 33.008. JUDICIAL MISCONDUCT INFORMATION. (a) The |
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commission shall routinely provide to entities that provide |
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education to judges information relating to judicial misconduct |
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resulting in sanctions or orders of additional education issued by |
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the commission. The commission shall categorize the information by |
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level of judge and type of misconduct. |
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(b) The commission shall provide online access, without |
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providing confidential information, to a nonfrivolous complaint's |
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status, including whether the complaint: |
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(1) is under investigation; |
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(2) is under commission consideration; or |
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(3) has been adjudicated. |
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(c) The commission shall include on its website a statement |
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informing the public that complainants are not required to maintain |
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confidentiality with regard to their complaints. |
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SECTION 3. Section 33.0211(b), Government Code, is amended |
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to read as follows: |
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(b) The commission, [at least quarterly] until final |
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disposition of the complaint, shall notify the person filing the |
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complaint of a change of [the] status in [of] the investigation of |
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the complaint unless the notice would jeopardize an undercover |
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investigation. |
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SECTION 4. Subchapter B, Chapter 33, Government Code, is |
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amended by adding Sections 33.02115 and 33.02116 to read as |
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follows: |
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Sec. 33.02115. SANCTION GUIDELINES. The commission shall |
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publish guidelines to provide for a sanction to be proportional to |
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the misconduct. |
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Sec. 33.02116. TIME FRAME. The commission shall establish |
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guidelines outlining when the commission should take action on a |
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complaint. The time frame must allow the executive director to |
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approve an extension of a deadline due to extenuating |
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circumstances, including a necessity for further investigation. |
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SECTION 5. This Act takes effect September 1, 2017. |