Rep. Jeff Leach
Senator Joan Huffman
Yesterday the House overwhelmingly approved SJR 27, which makes several important reforms to the membership and authority of the Judicial Conduct Commission and Texas Supreme Court. SJR 27 now returns to the Senate, which will consider whether to concur in the House amendments or request a conference committee. The House also passed SJR 27’s implementing legislation, SB 293, to third reading (final passage will come today), which contains the first increase in judicial compensation since 2013. The House and Senate settled on a 25% base salary increase (from $141,000 to $175,000), after months of negotiating between the Senate’s 15% and House’s 30% numbers.
The version of SJR 27 that emerged from the House:
- Gives the governor 7 appointees and SCOTX 6;
- Requires SCOTX appointees to be sitting justices or judges, two of whom must be trial court judges and each of whom must be drawn from a different type of courts (i.e., SCOTX, CCA, courts of appeals, district courts, business courts, statutory county courts, constitutional county courts, JPs, municipal judges);
- Provides that the Commission may issue a private sanction to resolve a complaint against a justice or judge who has never been sanctioned in response to a complaint other than a complaint alleging conduct constituting a criminal offense;
- Requires a master appointed by SCOTX to hear and take evidence on a complaint to report both to the Commission and SCOTX;
- Provides that if the Commission determines that a person engaged in wilful or persistent conduct that is clearly inconsistent with the proper performance of the judge’s duties, the Commission (if it does not issue a private sanction as described above) shall issue a public sanction;
- Gives the commission additional discretion to recommend to the review tribunal the removal or retirement of the person;
- Eliminates the provision requiring review tribunals to be selected “by lot” and giving the chief justice of SCOTX authority to appoint the members of the tribunal;
- Gives the review tribunal additional discretion to order suspension without pay for a specified period;
- Gives the Commission discretion to recommend suspension with or without pay pending a final disposition of a charge;
- Extends the expiration date of the terms of current Commission members serving before January 1, 2026 to July 1, 2026 (from December 31, 2025);
- Directs SCOTX to appoint additional commissioners to serve staggered terms beginning January 1, 2026 (two to serve six-year terms, two four-year terms, and two two-year terms);
- Directs the Governor to appoint additional commissioners to serve staggered terms beginning January 1, 2026 (three to serve six-year terms, and two each to serve four- and two-year terms, respectively);
- Provides that a complaint submitted before January 1, 2026 shall be reviewed by commissioners appointed before January 1, 2026, unless the complaint has not been resolved by July 1, 2026, in which the commissioners appointed on or after that date shall review it;
- Provides that a complaint submitted on or after January 1, 2026 shall be reviewed by commissioners appointed on or after that date.
We consider SJR 27 as a very significant part of the broader legislative policy initiative to improve the consistency and quality of judicial administration and performance in our state. Unquestionably, SJR 27 gives the Governor and Texas Supreme Court, in our view, a bigger stake in making sure that justices and judges are performing their duties efficiently, independently, equitably, and with the highest personal integrity. When considered together, SJR 27, SJR 27’s implementing legislation, SB 293 (which also contains a 25% base judicial salary increase), and SB 2878, the omnibus courts bill, constitute the most comprehensive across-the-board effort to improve the quality of the judiciary in decades.
We have nothing but praise for the primary architects of these measures, Sen. Joan Huffman and Rep. Jeff Leach. We will extend additional accolades in the days to come (there are several contributors without whom none of this would have happened, including the pay raise).
