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proposing a constitutional amendment regarding the membership of |
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the State Commission on Judicial Conduct and the authority of the |
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commission and the Texas Supreme Court to more effectively sanction |
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judges and justices for judicial misconduct. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1-a, Article V, Texas Constitution, is |
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amended by amending Subdivisions (2), (3), and (8) and adding |
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Subdivisions (2-a), (2-b), and (2-c) to read as follows: |
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(2) The State Commission on Judicial Conduct consists |
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of the following 13 [thirteen (13)] members[, to wit]: |
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(i) four individuals who serve as a Justice or |
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Judge [one (1) Justice] of a Court of Appeals, a District Court, a |
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County Court at Law, or a Constitutional County Court and are |
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appointed by the Supreme Court with advice and consent of the |
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Senate; |
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(ii) seven [one (1) District Judge; (iii) two |
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(2) members of the State Bar, who have respectively practiced as |
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such for over ten (10) consecutive years next preceding their |
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selection; (iv) five (5)] citizens appointed by the Governor with |
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advice and consent of the Senate, who are each at least 30 [thirty |
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(30)] years of age and do not hold a[, not licensed to practice law |
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nor holding any] salaried public office or employment; and |
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(iii) two judicial officers, one who serves as a |
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[(v) one (1)] Justice of the Peace and one who serves as a[; |
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(vi) one (1)] Judge of a Municipal Court, appointed by the Supreme |
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Court with the advice and consent of the Senate. |
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(2-a) A[; (vii) one (1) Judge of a County Court at Law; |
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and (viii) one (1) Judge of a Constitutional County Court; provided |
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that no] person shall not be appointed or remain a member of the |
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Commission if the person[, who] does not maintain physical |
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residence within this State[,] or has [who shall have] ceased to |
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retain the qualifications [above] specified in Subsection (2) of |
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this Section for that person's appointment. |
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(2-b) A person appointed under Subsection (2)(i) of |
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this Section [respective class of membership, and provided that a |
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Commissioner of class (i), (ii), (iii), (vii), or (viii)] may not be |
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a judge or justice [reside or hold a judgeship] in the same type of |
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court [of appeals district] as another member of the Commission. |
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[Commissioners of classes (i), (ii), (vii), and (viii) above shall |
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be chosen by the Supreme Court with advice and consent of the |
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Senate, those of class (iii) by the Board of Directors of the State |
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Bar under regulations to be prescribed by the Supreme Court with |
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advice and consent of the Senate, those of class (iv) by appointment |
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of the Governor with advice and consent of the Senate, and the |
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commissioners of classes (v) and (vi) by appointment of the Supreme |
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Court as provided by law, with the advice and consent of the |
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Senate.] |
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(2-c) Not more than two persons appointed under |
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Subsection (2)(ii) of this Section may be licensed to practice law. |
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A person licensed to practice law who is appointed under Subsection |
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(2)(ii) of this Section must have practiced law for at least 10 |
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consecutive years preceding the person's appointment. |
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(3) The regular term of office of Commissioners shall |
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be six [(6)] years[; but the initial members of each of classes (i), |
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(ii) and (iii) shall respectively be chosen for terms of four (4) |
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and six (6) years, and the initial members of class (iiii) for |
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respective terms of two (2), four (4) and six (6) years]. Interim |
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vacancies shall be filled in the same manner as vacancies due to |
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expiration of a full term, but only for the unexpired portion of the |
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term in question. Commissioners may succeed themselves in office |
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only if the commissioner has [having] served less than three [(3)] |
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consecutive years. |
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(8) After such investigation as it deems necessary, |
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the Commission may in its discretion issue a [private or] public |
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admonition, warning, reprimand, or requirement that the person |
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obtain additional training or education, or if the Commission |
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determines that the situation merits such action, it may institute |
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formal proceedings and order a formal hearing to be held before it |
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concerning a person holding an office or position specified in |
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Subsection (6) of this Section, or it may in its discretion request |
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the Supreme Court to appoint an active or retired District Judge or |
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Justice of a Court of Appeals, or retired Judge or Justice of the |
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Court of Criminal Appeals or the Supreme Court, as a Master to hear |
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and take evidence in the matter, and to report thereon to the |
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Commission. The Master shall have all the power of a District Judge |
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in the enforcement of orders pertaining to witnesses, evidence, and |
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procedure. If, after formal hearing, or after considering the |
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record and report of a Master, the Commission finds good cause |
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therefor, it shall issue an order of public admonition, warning, |
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reprimand, censure, or requirement that the person holding an |
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office or position specified in Subsection (6) of this Section |
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obtain additional training or education, or it shall recommend to a |
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review tribunal the removal or retirement[, as the case may be,] of |
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the person and shall [thereupon] file with the tribunal the entire |
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record before the Commission. |
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SECTION 2. Section 1-a(6)(A), Article V, Texas |
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Constitution, is amended to read as follows: |
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(6) A. Any Justice or Judge of the courts established |
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by this Constitution or created by the Legislature as provided in |
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Section 1, Article V, of this Constitution, may, subject to the |
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other provisions hereof, be removed from office for willful or |
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persistent violation of rules promulgated by the Supreme Court of |
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Texas, incompetence in performing the duties of the office, willful |
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violation of the Code of Judicial Conduct, or willful or persistent |
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conduct that is clearly inconsistent with the proper performance of |
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the person's [his] duties or casts public discredit upon the |
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judiciary or administration of justice. Any person holding such |
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office may be disciplined or censured, in lieu of removal from |
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office, as provided by this section. Any person holding an office |
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specified in this subsection may be suspended from office with or |
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without pay by the Commission immediately on being indicted by a |
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State or Federal grand jury for a felony offense or charged with a |
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misdemeanor involving official misconduct. On the filing of a |
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sworn complaint charging a person holding such office with willful |
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or persistent violation of rules promulgated by the Supreme Court |
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of Texas, incompetence in performing the duties of the office, |
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willful violation of the Code of Judicial Conduct, or willful and |
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persistent conduct that is clearly inconsistent with the proper |
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performance of the person's [his] duties or casts public discredit |
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on the judiciary or on the administration of justice, the |
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Commission, after giving the person notice and an opportunity to |
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appear and be heard before the Commission, may recommend to the |
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Supreme Court the suspension of such person from office with or |
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without pay. The Supreme Court, after considering the record of |
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such appearance and the recommendation of the Commission, may |
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suspend the person from office with or without pay, pending final |
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disposition of the charge. |
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SECTION 3. The following temporary provision is added to |
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the Texas Constitution: |
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TEMPORARY PROVISION. (a) This temporary provision applies |
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to the constitutional amendment proposed by the 89th Legislature, |
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Regular Session, 2025, regarding the membership of the State |
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Commission on Judicial Conduct and the authority of the commission |
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and the Texas Supreme Court to more effectively sanction judges and |
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justices for judicial misconduct. The constitutional amendment |
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takes effect January 1, 2026. |
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(b) Unless otherwise removed as provided by law, the |
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commissioners of the State Commission on Judicial Conduct serving |
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on the date the amendment described by Subsection (a) of this |
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section is approved by the voters as shown by the official canvass |
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of returns shall continue in office as the members of the State |
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Commission on Judicial Conduct under the former law that governed |
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the composition of the State Commission on Judicial Conduct, and |
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the former law is continued in effect for that purpose. New |
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commissioners of the State Commission on Judicial Conduct shall be |
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appointed as vacancies occur. |
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(c) This temporary provision expires January 1, 2031. |
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SECTION 4. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 4, 2025. |
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The ballot shall be printed to provide for voting for or against the |
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proposition: "The constitutional amendment regarding the |
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membership of the State Commission on Judicial Conduct and the |
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authority of the commission and the Texas Supreme Court to more |
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effectively sanction judges and justices for judicial misconduct." |