bill making Article 17.15 violations judicial misconduct

The text as introduced · 1,836 words

89R3080 TSS-F

By: Leach
H.B. No. 797

A BILL TO BE ENTITLED

AN ACT

relating to the discipline of judges by the State Commission on

Judicial Conduct and notice to the legislature of certain

reprimands.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 33.001(b), Government Code, is amended

to read as follows:

(b) For purposes of Section 1-a, Article V, Texas

Constitution, "wilful or persistent conduct that is clearly

inconsistent with the proper performance of a judge's duties"

includes:

(1) wilful, persistent, and unjustifiable failure to

timely execute the business of the court, considering the quantity

and complexity of the business;

(2) wilful violation of a provision of the Texas penal

statutes or the Code of Judicial Conduct;

(3) persistent or wilful violation of the rules

promulgated by the supreme court;

(4) incompetence in the performance of the duties of

the office;

(5) failure to cooperate with the commission; [ or ]

(6) violation of any provision of a voluntary

agreement to resign from judicial office in lieu of disciplinary

action by the commission ; or

(7) persistent or wilful violation of Article 17.15,

Code of Criminal Procedure .

SECTION 2. Section 33.0212, Government Code, is amended to

read as follows:

Sec. 33.0212. REPORT AND RECOMMENDATIONS ON FILED

COMPLAINTS. (a) As soon as practicable after a complaint is filed

with the commission, commission staff shall conduct a preliminary

investigation of the filed complaint and draft recommendations for

commission action.

(a-1) On completion of the preliminary investigation and

submission of recommendations under Subsection (a), commission

staff shall provide to the judge who is the subject of the complaint

written notice of:

(1) the complaint, the results of the preliminary

investigation, and the commission staff's recommendations for

commission action regarding the complaint; and

(2) the judge's right to attend each commission

meeting at which the complaint is included in the report filed with

the commission members under Subsection (a-2).

(a-2) Not later than the 10th business day before a

scheduled commission meeting [ 120th day after the date a complaint

is filed with the commission ], commission staff shall prepare and

file with each member of the commission a report detailing :

(1) each complaint for which a preliminary

investigation has been conducted under Subsection (a) but for which

the investigation report has not been finalized under Subsection

(b);

(2) the results of the preliminary investigation of

the complaint ; and

(3) the commission staff's recommendations for

commission action regarding the complaint.

(b) Not later than the 120th [ 90th ] day following the date

of the first commission meeting at which a complaint is included in

the report filed with the commission under Subsection (a-2) [ staff

files with the commission the report required by Subsection (a) ],

the commission shall finalize the investigation report and

determine any action to be taken regarding the complaint,

including:

(1) a public sanction;

(2) a private sanction;

(3) a suspension;

(4) an order of education;

(5) an acceptance of resignation in lieu of

discipline;

(6) a dismissal; or

(7) an initiation of formal proceedings.

(b-1) After the commission meeting at which an

investigation report is finalized and an action is determined under

Subsection (b), the commission shall provide to the judge who is the

subject of a complaint:

(1) written notice of the action to be taken regarding

the complaint not more than five business days after the commission

meeting; and

(2) as the commission determines appropriate,

published notice of the action to be taken by posting the notice on

the commission's Internet website not more than seven business days

after the commission meeting.

(c) If, because of extenuating circumstances, the

commission [ staff ] is unable to finalize an investigation report

and determine the action to be taken regarding a complaint under

Subsection (b) [ provide an investigation report and recommendation

to the commission ] before the 120th day following the date of the

first [ the complaint was filed with the ] commission meeting at

which a complaint is included in the report filed with the

commission under Subsection (a-2) , the commission may order an

extension [ the staff shall notify the commission and propose the

number of days required for the commission and commission staff to

complete the investigation report and recommendations and finalize

the complaint. The staff may request an extension ] of not more

than 240 [ 270 ] days from the date of the first [ the complaint was

filed with the ] commission meeting at which a complaint is included

in the report filed with the commission under Subsection

(a-2) . [ The commission shall finalize the complaint not later than

the 270th day following the date the complaint was filed with the

commission. ]

(d) [ The executive director may request that the

chairperson grant an additional 120 days to the time provided under

Subsection (c) for the commission and commission staff to complete

the investigation report and recommendations and finalize the

complaint.

[ (e) ] If the commission orders an extension of time under

Subsection (c) [ chairperson grants additional time under

Subsection (d) ], the commission must timely inform the legislature

of the extension. The commission may not disclose to the

legislature any confidential information regarding the complaint.

SECTION 3. Section 33.0213, Government Code, is amended to

read as follows:

Sec. 33.0213. NOTIFICATION OF LAW ENFORCEMENT AGENCY

INVESTIGATION. On notice by any law enforcement agency

investigating an action for which a complaint has been filed with

the commission, the commission :

(1) may place the commission's complaint file on hold

and decline any further investigation that would jeopardize the law

enforcement agency's investigation ; or

(2) shall [ . The commission may ] continue an

investigation that would not jeopardize a law enforcement

investigation regarding the conduct subject to the complaint and

may issue a censure or sanction based on the complaint .

SECTION 4. Section 33.034, Government Code, is amended by

amending Subsection (a) and adding Subsection (j) to read as

follows:

(a) A judge who receives from the commission a sanction or

censure issued by the commission under Section 1-a(8), Article V,

Texas Constitution, may request [ or any other type of sanction is

entitled to ] a review of the commission's decision as provided by

this section. This section does not apply to a decision by the

commission to institute formal proceedings.

(j) If the commission issues a public reprimand of a judge

based on the judge's persistent or wilful violation of Article

17.15, Code of Criminal Procedure, the commission shall send notice

of the reprimand to:

(1) the governor;

(2) the lieutenant governor;

(3) the speaker of the house of representatives;

(4) the presiding officers of each legislative

standing committee with jurisdiction over the judiciary;

(5) the chief justice of the supreme court;

(6) the Office of Court Administration of the Texas

Judicial System; and

(7) the presiding judge of the administrative judicial

region in which the court the reprimanded judge serves is located.

SECTION 5. Section 33.037, Government Code, is amended to

read as follows:

Sec. 33.037. SUSPENSION FROM OFFICE [ PENDING APPEAL ]. (a)

If a judge who is convicted of a felony or a misdemeanor involving

official misconduct appeals the conviction, the commission shall

suspend the judge from office without pay pending final disposition

of the appeal.

(b) Not later than the 21st day after the date the

commission initiates formal proceedings against a judge based on

the judge's persistent or wilful violation of Article 17.15, Code

of Criminal Procedure, the commission shall recommend to the

supreme court that the judge be suspended from office pursuant to

Section 1-a, Article V, Texas Constitution.

SECTION 6. Section 74.055(c), Government Code, is amended

to read as follows:

(c) To be eligible to be named on the list, a retired or

former judge must:

(1) have served as an active judge for at least 96

months in a district, statutory probate, statutory county, or

appellate court;

(2) have developed substantial experience in the

judge's area of specialty;

(3) not have been removed from office;

(4) certify under oath to the presiding judge, on a

form prescribed by the state board of regional judges, that:

(A) the judge has never been publicly reprimanded

or censured by the State Commission on Judicial Conduct , excluding

any reprimand or censure reviewed and rescinded by a special court

of review under Section 33.034 ;

(B) the judge has not received more than one of

any other type of public sanction, excluding any sanction reviewed

and rescinded by a special court of review under Section 33.034; and

(C) [ (B) ] the judge:

(i) did not resign or retire from office

after the State Commission on Judicial Conduct notified the judge

of the commencement of a full investigation into an allegation or

appearance of misconduct or disability of the judge as provided in

Section 33.022 and before the final disposition of that

investigation; or

(ii) if the judge did resign from office

under circumstances described by Subparagraph (i), was not publicly

reprimanded or censured as a result of the investigation;

(5) annually demonstrate that the judge has completed

in the past state fiscal year the educational requirements for

active district, statutory probate, and statutory county court

judges; and

(6) certify to the presiding judge a willingness not

to appear and plead as an attorney in any court in this state for a

period of two years.

SECTION 7. Section 665.052(b), Government Code, is amended

to read as follows:

(b) In this section, "incompetency" means:

(1) gross ignorance of official duties;

(2) gross carelessness in the discharge of official

duties; [ or ]

(3) inability or unfitness to discharge promptly and

properly official duties because of a serious physical or mental

defect that did not exist at the time of the officer's election ; or

(4) persistent or wilful violation of Article 17.15,

Code of Criminal Procedure .

SECTION 8. As soon as practicable after the effective date

of this Act, the State Commission on Judicial Conduct shall adopt

rules to implement Section 33.001(b), Government Code, as amended

by this Act.

SECTION 9. Sections 33.001(b) and 665.052(b), Government

Code, as amended by this Act, apply only to an allegation of

judicial misconduct received by the State Commission on Judicial

Conduct on or after the effective date of this Act, regardless of

whether the conduct or act that is the subject of the allegation

occurred or was committed before, on, or after the effective date of

this Act.

SECTION 10. A former or retired judge on a list maintained

by a presiding judge under Section 74.055(a), Government Code, who

is ineligible to be named on the list under Section 74.055(c),

Government Code, as amended by this Act, shall be struck from the

list on the effective date of this Act and may not be assigned to any

court on or after the effective date of this Act.

SECTION 11. This Act takes effect September 1, 2025.