Zaffirini’s bill making judge discipline public

The text as introduced · 1,172 words

89R13662 BCH-D

By: Zaffirini
S.B. No. 1840

A BILL TO BE ENTITLED

AN ACT

relating to the disciplinary and investigatory powers of the State

Commission on Judicial Conduct.

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

SECTION 1. Section 33.001(a)(10), Government Code, is

amended to read as follows:

(10) "Sanction" means an order issued by the

commission under Section 1-a(8), Article V, Texas Constitution,

providing for a [ private or ] public admonition, warning, or

reprimand or requiring that a person obtain additional training or

education.

SECTION 2. Subchapter B, Chapter 33, Government Code, is

amended by adding Section 33.02115 to read as follows:

Sec. 33.02115. STATUTE OF LIMITATIONS. (a) Except as

provided by Subsection (b), the commission may not investigate and

shall dismiss a complaint filed on or after the 10th anniversary of

the date:

(1) the alleged misconduct occurred; or

(2) the complainant knew, or with the exercise of

reasonable diligence should have known, of the alleged misconduct.

(b) The commission may investigate and not dismiss a

complaint described by Subsection (a) if the commission determines:

(1) the alleged misconduct is part of a continuing

course of misconduct or the continuing conduct terminated and the

complaint was filed before the 10th anniversary of the last date the

continuing conduct occurred;

(2) the alleged misconduct is part of a pattern of

recurring misconduct for which a complaint is filed before the 10th

anniversary of the date at least one act of the misconduct occurred;

or

(3) good cause otherwise exists for investigating the

complaint.

SECTION 3. Section 33.0212(b), Government Code, is amended

to read as follows:

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

commission staff files with the commission the report required by

Subsection (a), the commission shall determine any action to be

taken regarding the complaint, including:

(1) a public sanction;

(2) [ a private sanction;

[ (3) ] a suspension;

(3) [ (4) ] an order of education;

(4) [ (5) ] an acceptance of resignation in lieu of

discipline;

(5) [ (6) ] a dismissal; or

(6) [ (7) ] an initiation of formal proceedings.

SECTION 4. Section 33.023, Government Code, is amended to

read as follows:

Sec. 33.023. SUBSTANCE ABUSE; PHYSICAL OR MENTAL INCAPACITY

OF JUDGE ; SUSPENSION . (a) For each filed complaint alleging

substance abuse by, or the physical or mental incapacity of, a judge

and questioning the judge's ability to perform the judge's official

duties, the commission shall conduct a preliminary investigation of

the complaint and present the results of the preliminary

investigation to each member of the commission not later than the

30th day after the date the complaint is filed.

(b) If, after reviewing the results of the preliminary

investigation, the commission determines the judge's alleged

substance abuse or physical or mental incapacity brings into

question the judge's ability to perform the judge's official

duties, the commission shall provide the judge written notice of

the complaint and subpoena the judge to appear before the

commission at the commission's next regularly scheduled meeting.

(c) If, following the judge's appearance before the

commission at the next regularly scheduled meeting, the commission

decides to require the judge to submit to a physical or mental

examination, the commission shall:

(1) suspend the judge from office with pay for a period

not to exceed 90 days;

(2) provide the judge written notice of the

suspension;

(3) [ In any investigation or proceeding that involves

the physical or mental incapacity of a judge, the commission may ]

order the judge to submit to a physical or mental examination by one

or more qualified physicians or a mental examination by one or more

qualified psychologists selected and paid for by the commission ;

and

(4) provide [ .

[ (b) The commission shall give ] the judge written notice of

the examination not later than 10 days before the date of the

examination.

(d) The notice provided under Subsection (c)(4) must

include the physician's name and the date, time, and place of the

examination.

(e) [ (c) ] Each examining physician shall file a written

report of the examination with the commission and the report shall

be received as evidence without further formality. On request of

the judge or the judge's attorney, the commission shall give the

judge a copy of the report. The physician's oral or deposition

testimony concerning the report may be required by the commission

or by written demand of the judge.

(f) If, after receiving the written report of an examining

physician or the physician's deposition testimony concerning the

report, the commission determines the judge is unable to perform

the judge's official duties because of substance abuse or physical

or mental incapacity, the commission shall:

(1) recommend to the supreme court suspension of the

judge from office; or

(2) enter into an indefinite voluntary agreement with

the judge for suspension of the judge with pay until the commission

determines the judge is physically and mentally competent to resume

the judge's official duties.

(g) [ (d) ] If a judge refuses to submit to a physical or

mental examination ordered by the commission under this section,

the commission may petition a district court for an order

compelling the judge to submit to the physical or mental

examination and recommend to the supreme court suspension of the

judge from office .

SECTION 5. Section 33.032(d), Government Code, is amended

to read as follows:

(d) The disciplinary record of a judge [ , including any

private sanctions, ] is admissible in a subsequent proceeding before

the commission, a special master, a special court of review, or a

review tribunal.

SECTION 6. Section 33.033(b), Government Code, is amended

to read as follows:

(b) The communication shall inform the complainant that:

(1) the case has been dismissed;

(2) an [ a private sanction or ] order of additional

education has been issued by the commission;

(3) a public sanction has been issued by the

commission;

(4) formal proceedings have been instituted; or

(5) a judge has resigned from judicial office in lieu

of disciplinary action by the commission.

SECTION 7. (a) Sections 33.001(a)(10), 33.0212(b),

33.032(d), and 33.033(b), Government Code, as amended by this Act,

apply only to a sanction issued by the State Commission on Judicial

Conduct on or after January 1, 2026.

(b) Section 33.02115, Government Code, as added by this Act,

and Section 33.023, Government Code, as amended by this Act, apply

only to a complaint filed with the State Commission on Judicial

Conduct on or after September 1, 2025.

SECTION 8. (a) Except as provided by Subsection (b) of this

section, this Act takes effect September 1, 2025.

(b) Sections 33.001(a)(10), 33.0212(b), 33.032(d), and

33.033(b), Government Code, as amended by this Act, take effect

January 1, 2026, but only if the constitutional amendment proposed

by the 89th Legislature, Regular Session, 2025, regarding the

disciplinary powers of the State Commission on Judicial Conduct is

approved by the voters. If that amendment is not approved by the

voters, those sections have no effect.