Senate Links Judicial Pay Raise to Judicial Conduct Commission Reforms, Performance Standards

Senator Joan Huffman

Throwing down something of a gauntlet, the Texas Senate passed legislation linking a much-needed and overdue judicial pay raise to a package of disciplinary reforms, including a requirement that judges produce quarterly timesheets detailing the amount of work they spent on their duties.

SB 293 by Senate Finance Committee Chair Joan Huffman (R-Houston) amends Chapter 33, Government Code (State Commission on Judicial Conduct) and various other Government Code sections as follows:

• The enrolled version amends § 33.001(a) to add justices of the peace to the definition of “judge.”
• The enrolled version adds § 33.001(8-a) to define “official misconduct” as defined by Article 3.04, Code of Criminal Procedure.
• The enrolled version amends § 33.001(a)(10) (definition of “sanction” to remove the reference to a “private” sanction (i.e, all sanctions will be public).
• Amends § 33.001(b) to add a judge’s failure to meet deadlines set by statute or binding court order to the list of “wilful or persistent conduct.”
• Amends § 33.001(b) to add to the definition of “wilful or persistent conduct that is clearly inconsistent with the proper performance of a judge’s duties” a “persistent or wilful violation of Article 17.15, Code of Criminal Procedure” (setting bail).
• Amends § 33.0211 to allow a complainant to submit additional documentation supporting the complaint not later than 45 days after the date the person filed the complaint.
• Adds § 33.02115 to authorize the commission to assess an administrative penalty against a person who knowingly files a false complaint.
• The enrolled version adds § 33.02111 to impose a 7-year limitations period on a commission investigation, running from the date the alleged misconduct occurred or the complainant knew or should have known of the misconduct (allows the commission to investigate anyway on a finding of good cause).
• The enrolled version authorizes the commission to impose administrative sanctions or penalties against a person who knowingly files a false complaint.
• Amends § 33.0212 to require commission staff to conduct a preliminary investigation upon receipt of a complaint and draft recommendations for action; provide to the judge written notice of the complaint, the results of the preliminary investigation, and the staff’s recommendation; requires the staff, not later than the 10^thbusiness day before a scheduled commission meeting, to provide a report to the commission listing each complaint for which a preliminary investigation has been conducted by that the investigation report has not been finalized, the results of the preliminary investigation, and the staff’s recommendation; requires the commission to finalize the investigation report not later than the 120^th date following the date of the first commission meeting at which a complaint appeared in the staff report and to determine any action to be taken; provide the judge with written notice of the action within 5 days of the meeting and to post notice of the action on the commission’s website within 7 days after the meeting; permits an extension by the commission of up to 240 days (current law is 270 days); eliminates the executive director’s authority to request an additional 120 days extension.
• The enrolled version requires the commission, upon sanctioning a judge, to inform the governor, lieutenant governor, speaker, presiding officer of each legislative standing committee with primary jurisdiction over the judiciary, the chief justice of the supreme court, the OCA, and the presiding judge of the administrative judicial region where the court of the sanctioned judge is located.
• Amends § 33.0213 to authorize the commission to issue a sanction or censure regarding a complaint that is also the subject of a law enforcement investigation, provided the commission’s investigation would not jeopardize the law enforcement investigation.
• Amends § 32.022 to allow the staff to recommend the commission dismiss a complaint it finds unfounded or frivolous or to terminate an investigation if the staff determines administrative deficiencies in the complaint preclude further investigation.
• The enrolled version requires the commission to conduct a prelimary investigation of a complaint involving substance abuse by a judge and present the results to commission members within 30 days of the filing of the complaint. If the commission determines that 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, it must provide the judge written notice of the complaint and subpoena the judge to appear. If after the judge’s appearance at next regularly scheduled meeting the commission decides to require the judge to submit to a physical or mental examination, the commission shall suspend the judge with pay for up to 90 days and provide the judge written notice of the suspension. If after receipt of a written report by an examining physician or the physician’s deposition testimony about the report the commission determines the judge is unable to perform, it shall recommend to SCOTX suspension of the judge from office or enter into an indefinite voluntary agreement with the judge for suspension with pay until the commission determines the judge is fit to resume duties.
• Amends § 33.034 to provide that if the commission issues a public reprimand based on the judge’s persistent or wilful violation of Art. 17.15, Code of Criminal Procedure, the commission shall send notice to the governor, lieutenant governor, speaker, presiding officers of the relevant legislative committees, the chief justice of SCOTX, the OCA, and the presiding judge of the relevant administrative judicial region.
• Amends § 33.037 to require the commission to recommend a judge’s suspension to SCOTX within 21 days of initiating a formal proceeding against a judge based on Art. 17.15.
• The enrolled version adds § 33.041 to direct the OCA to establish a judicial directory containing contact information for every judge and providing the commission with access thereto.
• Adds § 72.0396, Government Code, to require a district court judge to submit quarterly reports to the presiding judge of the administrative region attesting to: (1) the number of hours the judge presided over the judge’s court; (2) the number of hours the judge performed judicial duties other than presiding, including case-related duties, administrative tasks, and completed continuing education. Requires the presiding judge of the region to submit the reports to OCA. Requires OCA to make an annual report to the governor, lieutenant governor, speaker, and presiding officers of the relevant committees. Directs SCOTX to adopt rules providing guidelines and instruction regarding reporting, including rules establishing a penalty for submission of false information and providing guidance on the form and manner of reporting.
• Amends § 74.055(c), Government Code, to allow a retired or former judge to be listed as a visiting judge if a special court of review reviewed and rescinded a reprimand or censure, unless the judge has received more than one public sanction (excluding sanctions reviewed and rescinded by a special court of review).
• The enrolled version amends § 659.012 to; (1) raise a district judge’s base salary from $140,000 to $161,000; (2) raise the additional compensation for the chief justice or presiding judge of an appellate court from $2,500 to 7 percent of the base salary of the other justices or judges of the court; (3) eliminates the current cap of $2,500 less than the base salary of a supreme court justice; (4) excludes the additional compensation from the presiding judge’s or chief justice’s combined base salary from all state and county sources for purposes of determining whether the judge’s or justice’s salary exceeds the applicable limitations in § 659.012(a)(2)-(4); (5) reconfigures the base salaries of local administrative district judges based on the number of counties in the district; and (6) entitles a business court judge who serves as an administrative presiding judge to supplemental compensation.
• Amends § 665.052(b), Government Code, to add to the definition of “incomptency” a “persist or wilful violation of Article 17.15, Code of Criminal Procedure.”
• Amends § 814.103, Government Code, to provide that any increase in the state base salary paid to a district judge does not apply to a standard service retirement annuity for a retiree or beneficiary if the retiree retired before 9/1/25, and the amount of the state base salary in the current appropriations bill continues to apply until the 90^th Legislature or a later legislature enacts legislation increasing the base salary, at which point this provision sunsets. Makes a similar amendment to § 834.102.
• The enrolled version amends § 837.103 to: (1) authorize a retiree who resumes full-time service other than by assignment who elects to rejoin the retirement system to provide notice of the election not later than 60 days after the retiree takes the oath of office; (2) provide that a retiree who rejoins shall resume making member contributions at 9.5% of the state contribution; (3) provide that a retiree who rejoins and completes at least 24 months of resumed service, on the retiree’s retirement from resumed service, to a recomputed annuity reflecting the highest annual state salary earned by the retiree whole holding a judicial office included in the retirement system; and (4) provides that if the retiree who rejoins does not complete 24 months of resumed service, the retirement system shall resume suspended annuity payments and issue a refund of the retiree’s accumulated member contributions made during the period of resumed service.
• The enrolled version raises the retirement contribution rate from 6 to 9.5%.

The bill now moves on to the House, where Chairman Leach has filed the companion bill, HB 1761. Let the horse trading begin.