Legislation Filed to Overhaul Judicial Conduct Commission

Last session, the Legislature considered several proposals aimed at reforming the State Commission on Judicial Conduct, but nothing ultimately came of it. That could be a different story this session, however, as Sen. Joan Huffman (R-Houston), Sen. Royce West (R-Plano), and Rep. Jeff Leach (R-Plano) have introduced constitutional and statutory changes that would, among other things, shift the majority of the membership of the Commission to gubernatorial appointees (at the expense of the State Bar of Texas), eliminate private sanctions, allow the Texas Supreme Court to suspend offending judges without pay, and require the Commission to report its activities to the legislative leadership. Summaries of the legislation are as follows:

SJR 27 by Huffman (R-Houston): Amends § 1-A, Art. V, Texas Constitution, to change the composition of the State Commission on Judicial Conduct as follows: two judges drawn from the Court of Criminal Appeals, district courts, county courts at law, or constitutional county courts appointed by SCOTX with the advice and consent of the Senate (current law is one court of appeals justice); two members of the State Bar of Texas with at least 10 years of practice appointed by the State Bar Board of Directors with the advice and consent of the Senate (same as current law); seven non-lawyer citizens appointed by the governor with the advice and consent of the Senate (current law is five non-lawyer members appointed by the State Bar Board of Directors); and two members who serve as Justices of the Peace or municipal court judges appointed by SCOTX with the advice and consent of the Senate (current law is one JP and one municipal court judge appointed by the governor). Eliminates the authority of the Commission to issue private admonitions, warnings, or reprimands. Requires the Commission to suspend from office a judge or justice under a state or federal indictment for a felonly offense or a misdemeanor involving official misconduct. Authorizes the Commission to recommend to SCOTX suspension with or without pay for misconduct.

SJR 13/SB 221 by West (D-Dallas): Repeals the authority of the State Commission on Judicial Conduct to issue private reprimands.

SB 293 by Huffman (R-Houston): Amends Chapter 33, Government Code (State Commission on Judicial Conduct) as follows:

• 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.
• 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 investgation, 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.
• 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.
• 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.
• 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).
• 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.

HB 797 by Leach (R-Plano): Amends Chapter 33, Government Code (State Commission on Judicial Conduct) as follows:

• 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 § 33.0212 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 investgation, 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.
• 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 § 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.
• 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).
• 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.”