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A BILL TO BE ENTITLED
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AN ACT
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relating to a complaint filed with 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. Sections 33.0212 and 33.0213, Government Code, |
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are amended to read as follows: |
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Sec. 33.0212. REPORT AND RECOMMENDATIONS ON FILED |
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COMPLAINTS. (a) As soon as practicable after a complaint is filed |
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with the commission, commission staff shall conduct a preliminary |
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investigation of the filed complaint and draft recommendations for |
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commission action. |
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(a-1) On completion of the preliminary investigation and |
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submission of recommendations under Subsection (a), commission |
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staff shall provide to the judge who is the subject of the complaint |
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written notice of: |
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(1) the complaint, the results of the preliminary |
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investigation, and the commission staff's recommendations for |
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commission action regarding the complaint; and |
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(2) the judge's right to attend each commission |
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meeting at which the complaint is included in the report filed with |
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the commission members under Subsection (a-2). |
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(a-2) Not later than the 10th business day before a |
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scheduled commission meeting [120th day after the date a complaint |
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is filed with the commission], commission staff shall prepare and |
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file with each member of the commission a report detailing: |
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(1) each complaint for which a preliminary |
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investigation has been conducted under Subsection (a) but for which |
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the investigation report has not been finalized under Subsection |
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(b); |
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(2) the results of the preliminary investigation of |
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the complaint; and |
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(3) the commission staff's recommendations for |
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commission action regarding the complaint. |
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(b) Not later than the 120th [90th] day following the date |
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of the first commission meeting at which a complaint is included in |
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the report filed with the commission under Subsection (a-2) [staff |
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files with the commission the report required by Subsection (a)], |
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the commission shall finalize the investigation report and |
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determine any action to be taken regarding the complaint, |
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including: |
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(1) a public sanction; |
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(2) a private sanction; |
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(3) a suspension; |
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(4) an order of education; |
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(5) an acceptance of resignation in lieu of |
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discipline; |
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(6) a dismissal; or |
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(7) an initiation of formal proceedings. |
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(b-1) After the commission meeting at which an |
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investigation report is finalized and an action is determined under |
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Subsection (b), the commission shall provide to the judge who is the |
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subject of a complaint: |
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(1) written notice of the action to be taken regarding |
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the complaint not more than 48 hours after the commission meeting; |
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and |
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(2) as the commission determines appropriate, notice |
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of the action to be taken published on the commission's Internet |
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website not more than 72 hours after the commission meeting. |
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(c) If, because of extenuating circumstances, the |
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commission [staff] is unable to finalize an investigation report |
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and determine the action to be taken regarding a complaint under |
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Subsection (b) [provide an investigation report and recommendation |
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to the commission] before the 120th day following the date of the |
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first [the complaint was filed with the] commission meeting at |
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which a complaint is included in the report filed with the |
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commission under Subsection (a-2), the commission may order an |
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extension [the staff shall notify the commission and propose the |
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number of days required for the commission and commission staff to |
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complete the investigation report and recommendations and finalize |
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the complaint. The staff may request an extension] of not more |
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than 240 [270] days from the date of the first [the complaint was |
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filed with the] commission meeting at which a complaint is included |
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in the report filed with the commission under Subsection |
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(a-2). [The commission shall finalize the complaint not later than |
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the 270th day following the date the complaint was filed with the |
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commission.] |
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(d) [The executive director may request that the |
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chairperson grant an additional 120 days to the time provided under |
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Subsection (c) for the commission and commission staff to complete |
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the investigation report and recommendations and finalize the |
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complaint. |
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[(e)] If the commission orders an extension of time under |
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Subsection (c) [chairperson grants additional time under |
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Subsection (d)], the commission must timely inform the legislature |
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of the extension. The commission may not disclose to the |
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legislature any confidential information regarding the complaint. |
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Sec. 33.0213. NOTIFICATION OF LAW ENFORCEMENT AGENCY |
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INVESTIGATION. On notice by any law enforcement agency |
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investigating an action for which a complaint has been filed with |
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the commission, the commission shall: |
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(1) conduct the preliminary investigation and |
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finalize the investigation report without jeopardizing [may place |
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the commission's complaint file on hold and decline any further |
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investigation that would jeopardize] the law enforcement agency's |
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investigation or revealing confidential information; and |
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(2) wait to issue the commission's final determination |
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or take the determined action until after the law enforcement |
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investigation is complete. [The commission may continue an |
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investigation that would not jeopardize a law enforcement |
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investigation.] |
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SECTION 2. Section 33.041, Government Code, is amended to |
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read as follows: |
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Sec. 33.041. LEGISLATIVE REPORT. (a) The commission |
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shall prepare a report for the 89th [88th] Legislature regarding |
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any statutory changes that would further improve the commission's |
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effectiveness, efficiency, and transparency in filing, |
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investigating, and processing any complaint filed with the |
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commission. |
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(b) This section expires September 1, 2025 [2023]. |
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SECTION 3. Section 33.0212, Government Code, as amended by |
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this Act, applies only to a complaint filed with the State |
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Commission on Judicial Conduct on or after the effective date of |
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this Act. A complaint filed before the effective date of this Act is |
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governed by the law in effect on the date the complaint was filed, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |