GOVERNMENT CODE
CHAPTER 33. STATE COMMISSION ON JUDICIAL CONDUCT
SUBCHAPTER A. GENERAL PROVISIONS
§ 33.001. DEFINITIONS. (a) In this chapter:
(1) "Censure" means an order of denunciation issued by
the commission under Section 1-a(8), Article V, Texas Constitution,
or an order issued by a review tribunal under Section 1-a(9),
Article V, Texas Constitution.
(2) "Chairperson" means the member of the commission
selected by the members of the commission to serve as its presiding
officer.
(3) "Clerk" means the individual designated by the
commission to assist in:
(A) formal proceedings before the commission or a
special master; or
(B) proceedings before a special court of review.
(4) "Commission" means the State Commission on
Judicial Conduct.
(5) "Examiner" means an individual, including an
employee or special counsel of the commission, appointed by the
commission to gather and present evidence before a special master,
the commission, a special court of review, or a review tribunal.
(6) "Formal hearing" means the public evidentiary
phase of formal proceedings conducted before the commission or a
special master.
(7) "Formal proceedings" means the proceedings
ordered by the commission concerning the public censure, removal,
or retirement of a judge.
(8) "Judge" means a justice, judge, master,
magistrate, or retired or former judge as described by Section 1-a,
Article V, Texas Constitution, or other person who performs the
functions of the justice, judge, master, magistrate, or retired or
former judge.
(9) "Review tribunal" means a panel of seven justices
of the courts of appeal selected by lot by the chief justice of the
supreme court to review a recommendation of the commission for the
removal or retirement of a judge under Section 1-a(9), Article V,
Texas Constitution.
(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.
(11) "Special court of review" means a panel of three
justices of the courts of appeal selected by lot by the chief
justice of the supreme court on petition to review a sanction issued
by the commission.
(12) "Special master" means a master appointed by the
supreme court under Section 1-a, Article V, Texas Constitution.
(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.
(c) The definitions provided by Subsections (b) and (d) are
not exclusive.
(d) For purposes of Subdivision (6), Section 1-a, Article V,
Texas Constitution, a misdemeanor involving official misconduct
includes a misdemeanor involving an act relating to a judicial
office or a misdemeanor involving an act involving moral turpitude.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1999, 76th Leg., ch. 462, § 1, eff. June 18, 1999; Acts
2001, 77th Leg., ch. 917, § 1, eff. Sept. 1, 2001.
§ 33.002. COMMISSION. (a) The State Commission on
Judicial Conduct is established under Section 1-a, Article V, Texas
Constitution, and has the powers provided by that section.
(b) A constitutional or statutory reference to the State
Judicial Qualifications Commission means the State Commission on
Judicial Conduct.
(c) Appointments to the commission shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointees.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1999, 76th Leg., ch. 462, § 2, eff. June 18, 1999; Acts
2001, 77th Leg., ch. 917, § 2, eff. Sept. 1, 2001.
§ 33.003. SUNSET PROVISION. The State Commission on
Judicial Conduct is subject to review under Chapter 325 (Texas
Sunset Act), but is not abolished under that chapter. The
commission shall be reviewed during the period in which state
agencies abolished in 2001 and every 12th year after 2001 are
reviewed.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1985, 69th Leg., ch. 480, § 21, eff. Sept. 1, 1985; Acts
1987, 70th Leg., ch. 148, § 2.47(a), eff. Sept. 1, 1987; Acts
1991, 72nd Leg., 1st C.S., ch. 17, § 5.13, eff. Nov. 12, 1991.
§ 33.0032. CONFLICT OF INTEREST. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined association of business or professional competitors in this
state designed to assist its members and its industry or profession
in dealing with mutual business or professional problems and in
promoting their common interest.
(b) A person may not be a commission employee employed in a
"bona fide executive, administrative, or professional capacity,"
as that phrase is used for purposes of establishing an exemption to
the overtime provisions of the federal Fair Labor Standards Act of
1938 (29 U.S.C. Section 201 et seq.), and its subsequent
amendments, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association the members of which are
subject to regulation by the commission; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association the members of which are
subject to regulation by the commission.
(c) A person may not act as the general counsel to the
commission if the person is required to register as a lobbyist under
Chapter 305 because of the person's activities for compensation on
behalf of a profession related to the operation of the commission.
Added by Acts 2001, 77th Leg., ch. 917, § 3, eff. Sept. 1, 2001.
§ 33.004. COMPENSATION AND EXPENSES OF COMMISSION
MEMBERS AND SPECIAL MASTERS. (a) A member of the commission
serves without compensation for services, but is entitled to
reimbursement for expenses as provided by this section.
(b) A special master who is an active district judge or
justice of the court of appeals is entitled to a per diem of $25 for
each day or part of a day that the person spends in the performance
of the duties of special master. The per diem is in addition to
other compensation and expenses authorized by law.
(c) A special master who is a retired judge of a district
court or the court of criminal appeals or a retired justice of a
court of appeals or the supreme court is entitled to compensation in
the same manner as provided by Section 74.061. For purposes of this
subsection, the term "court" in Section 74.061(c) means the
district court in the county in which formal proceedings are heard
by the special master.
(d) A member or employee of the commission or a special
master is entitled to necessary expenses for travel, board, and
lodging incurred in the performance of official duties.
(e) Payment shall be made under this section on certificates
of approval by the commission.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 2001, 77th Leg., ch. 917, § 4, eff. Sept. 1, 2001.
§ 33.0041. REMOVAL OF COMMISSION MEMBER; NOTIFICATION
PROCEDURES. If the executive director has knowledge that a
potential ground for removal of a commission member exists, the
executive director shall notify the presiding officer of the
commission of the potential ground. The presiding officer shall
then notify the governor, the supreme court, the state bar, and the
attorney general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer of
the commission, who shall then notify the governor, the supreme
court, the state bar, and the attorney general that a potential
ground for removal exists.
Added by Acts 2001, 77th Leg., ch. 917, § 5, eff. Sept. 1, 2001.
§ 33.0042. REQUIREMENTS FOR OFFICE OR EMPLOYMENT:
INFORMATION. The executive director or the executive director's
designee shall provide to members of the commission and to agency
employees, as often as necessary, information regarding the
requirements for office or employment under this chapter and
Section 1-a, Article V, Texas Constitution, including information
regarding a person's responsibilities under applicable laws
relating to standards of conduct for state officers or employees.
Added by Acts 2001, 77th Leg., ch. 917, § 5, eff. Sept. 1, 2001.
§ 33.0043. COMMISSION MEMBER TRAINING. (a) A person
who is appointed to and qualifies for office as a member of the
commission shall complete a training program that complies with
this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the commission;
(2) the programs operated by the commission;
(3) the role and functions of the commission;
(4) the rules of the commission with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the commission;
(6) the results of the most recent formal audit of the
commission;
(7) the requirements of laws relating to public
officials, including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
commission or the Texas Ethics Commission.
(c) A person appointed to the commission is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 2001, 77th Leg., ch. 917, § 5, eff. Sept. 1, 2001.
§ 33.0044. DIVISION OF RESPONSIBILITY. The commission
shall develop and implement policies that clearly separate the
policy-making responsibilities of the commission and the
management responsibilities of the executive director and staff of
the commission.
Added by Acts 2001, 77th Leg., ch. 917, § 5, eff. Sept. 1, 2001.
§ 33.0045. EQUAL EMPLOYMENT OPPORTUNITY POLICY
STATEMENT. (a) The executive director or the executive
director's designee shall prepare and maintain a written policy
statement that implements a program of equal employment opportunity
to ensure that all personnel decisions are made without regard to
race, color, disability, sex, religion, age, or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the commission to avoid the
unlawful employment practices described by Chapter 21, Labor Code;
and
(2) an analysis of the extent to which the composition
of the commission's personnel is in accordance with state and
federal law and a description of reasonable methods to achieve
compliance with state and federal law.
(c) The policy statement must:
(1) be updated annually;
(2) be reviewed by the state Commission on Human
Rights for compliance with Subsection (b)(1); and
(3) be filed with the governor's office.
Added by Acts 2001, 77th Leg., ch. 917, § 5, eff. Sept. 1, 2001.
§ 33.0046. STATE EMPLOYEE INCENTIVE PROGRAM:
INFORMATION AND TRAINING. The executive director or the executive
director's designee shall provide to agency employees information
and training on the benefits and methods of participation in the
state employee incentive program.
Added by Acts 2001, 77th Leg., ch. 917, § 5, eff. Sept. 1, 2001.
§ 33.005. ANNUAL REPORT. (a) Not later than December 1
of each year, the commission shall submit to the legislature a
report for the preceding fiscal year ending August 31.
(b) The report must include:
(1) an explanation of the role of the commission;
(2) annual statistical information and examples of
improper judicial conduct;
(3) an explanation of the commission's processes; and
(4) changes the commission considers necessary in its
rules or the applicable statutes or constitutional provisions.
(c) The commission shall distribute the report to the
governor, lieutenant governor, speaker of the house of
representatives, and editor of the Texas Bar Journal.
(d) The legislature shall appropriate funds for the
preparation and distribution of the report.
(e) The Texas Bar Journal shall periodically publish public
statements, sanctions, and orders of additional education issued by
the commission.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 646, § 3, eff. Aug. 28, 1989; Acts
1999, 76th Leg., ch. 462, § 3, eff. June 18, 1999; Acts 2001,
77th Leg., ch. 917, § 6, eff. Sept. 1, 2001.
§ 33.006. IMMUNITY FROM LIABILITY. (a) This section
applies to:
(1) the commission;
(2) a member of the commission;
(3) the executive director of the commission;
(4) an employee of the commission;
(5) a special master appointed under Section 1-a(8),
Article V, Texas Constitution;
(6) special counsel for the commission and any person
employed by the special counsel; and
(7) any other person appointed by the commission to
assist the commission in performing its duties.
(b) A person to which this section applies is not liable for
an act or omission committed by the person within the scope of the
person's official duties.
(c) The immunity from liability provided by this section is
absolute and unqualified and extends to any action at law or in
equity.
Added by Acts 1999, 76th Leg., ch. 462, § 4, eff. June 18, 1999.
Amended by Acts 2001, 77th Leg., ch. 917, § 7, eff. Sept. 1,
2001.
§ 33.007. DISTRIBUTION OF MATERIALS TO JUDGES AND THE
PUBLIC. (a) The commission shall develop and distribute
plain-language materials as described by this section to judges and
the public.
(b) The materials must include a description of:
(1) the commission's responsibilities;
(2) the types of conduct that constitute judicial
misconduct;
(3) the types of sanctions issued by the commission,
including orders of additional education; and
(4) the commission's policies and procedures relating
to complaint investigation and resolution.
(c) The materials shall be provided in English and Spanish.
(d) The commission shall provide to each person filing a
complaint with the commission the materials described by this
section.
(e) The commission shall adopt a policy to effectively
distribute materials as required by this section.
Added by Acts 2001, 77th Leg., ch. 917, § 8, eff. Sept. 1, 2001.
§ 33.008. JUDICIAL MISCONDUCT INFORMATION. The
commission shall routinely provide to entities that provide
education to judges information relating to judicial misconduct
resulting in sanctions or orders of additional education issued by
the commission. The commission shall categorize the information by
level of judge and type of misconduct.
Added by Acts 2001, 77th Leg., ch. 917, § 8, eff. Sept. 1, 2001.
SUBCHAPTER B. POWERS AND DUTIES
§ 33.021. GENERAL POWERS OF COMMISSION. The commission
may:
(1) design and use a seal;
(2) employ persons that it considers necessary to
carry out the duties and powers of the commission;
(3) employ special counsel as it considers necessary;
(4) arrange for attendance of witnesses;
(5) arrange for and compensate expert witnesses and
reporters; and
(6) pay from its available funds the reasonably
necessary expenses of carrying out its duties under the
constitution, including providing compensation to special masters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1999, 76th Leg., ch. 462, § 5, eff. June 18, 1999; Acts
2001, 77th Leg., ch. 917, § 10, eff. Sept. 1, 2001.
§ 33.0211. COMPLAINTS. (a) The commission shall
maintain a file on each written complaint filed with the
commission. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the
commission;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the commission closed the file without taking action other than
to investigate the complaint.
(b) The commission, at least quarterly until final
disposition of the complaint, shall notify the person filing the
complaint of the status of the investigation unless the notice
would jeopardize an undercover investigation.
Added by Acts 2001, 77th Leg., ch. 917, § 11, eff. Sept. 1, 2001.
§ 33.022. INVESTIGATIONS AND FORMAL
PROCEEDINGS. (a) The commission may conduct a preliminary
investigation of the circumstances surrounding an allegation or
appearance of misconduct or disability of a judge to determine if
the allegation or appearance is unfounded or frivolous.
(b) If, after conducting a preliminary investigation under
this section, the commission determines that an allegation or
appearance of misconduct or disability is unfounded or frivolous,
the commission shall terminate the investigation.
(c) If, after conducting a preliminary investigation under
this section, the commission does not determine that an allegation
or appearance of misconduct or disability is unfounded or
frivolous, the commission:
(1) shall:
(A) conduct a full investigation of the
circumstances surrounding the allegation or appearance of
misconduct or disability; and
(B) notify the judge in writing of:
(i) the commencement of the investigation;
and
(ii) the nature of the allegation or
appearance of misconduct or disability being investigated; and
(2) may:
(A) order the judge to:
(i) submit a written response to the
allegation or appearance of misconduct or disability; or
(ii) appear informally before the
commission;
(B) order the deposition of any person; or
(C) request the complainant to appear informally
before the commission.
(d) The commission shall serve an order issued by the
commission under Subsection (c)(2)(B) on the person who is the
subject of the deposition and the judge who is the subject of the
investigation. The order must be served within a reasonable time
before the date of the deposition.
(e) The commission may file an application in a district
court to enforce an order issued by the commission under Subsection
(c)(2)(B).
(f) The commission shall notify the judge in writing of the
disposition of a full investigation conducted by the commission
under this section.
(g) If after the investigation has been completed the
commission concludes that formal proceedings will be instituted,
the matter shall be entered in a docket to be kept for that purpose
and written notice of the institution of formal proceedings shall
be served on the judge without delay. The proceedings shall be
entitled:
"Before the State Commission on Judicial Conduct
Inquiry Concerning a Judge, No. ___"
(h) The notice shall specify in ordinary and concise
language the charges against the judge and the alleged facts on
which the charges are based and the specific standards contended to
have been violated. The judge is entitled to file a written answer
to the charges against the judge not later than the 15th day after
the notice is served on the judge, and the notice shall so advise
the judge.
(i) The notice shall be served on the judge or the judge's
attorney of record by personal service of a copy of the notice by a
person designated by the chairperson. The person serving the
notice shall promptly notify the clerk in writing of the date on
which the notice was served. If it appears to the chairperson on
affidavit that, after reasonable effort during a period of 10 days,
personal service could not be had, service may be made by mailing by
registered or certified mail copies of the notice addressed to the
judge at the judge's chambers or at the judge's last known residence
in an envelope marked "personal and confidential." The date of
mailing shall be entered in the docket.
(j) A judge at the judge's request may elect to have any
hearing open to the public or to persons designated by the judge.
The right of a judge to an open hearing does not preclude placing
witnesses under the rule as provided by the Texas Rules of Civil
Procedure.
(k) A judge is not entitled to a jury trial in formal
proceedings before a special master or the commission.
(l) The commission shall adopt procedures for hearing from
judges and complainants appearing before the commission. The
procedures shall ensure the confidentiality of a complainant's
identity as provided under Section 33.0321.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 486, § 1, eff. Aug. 31, 1987; Acts
1993, 73rd Leg., ch. 596, § 1, 2, eff. Sept. 1, 1993; Acts 1999,
76th Leg., ch. 462, § 6, eff. June 18, 1999; Acts 2001, 77th
Leg., ch. 917, § 12, eff. Sept. 1, 2001.
§ 33.023. PHYSICAL OR MENTAL INCAPACITY OF
JUDGE. (a) 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.
(b) The commission shall give the judge written notice of
the examination not later than 10 days before the date of the
examination. The notice must include the physician's name and the
date, time, and place of the examination.
(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.
(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.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1999, 76th Leg., ch. 462, § 7, eff. June 18, 1999; Acts
2001, 77th Leg., ch. 917, § 13, eff. Sept. 1, 2001.
§ 33.024. OATHS AND SUBPOENAS. In conducting an
investigation, formal proceedings, or proceedings before a special
court of review, a commission member, special master, or member of a
special court of review may:
(1) administer oaths;
(2) order and provide for inspection of books and
records; and
(3) issue a subpoena for attendance of a witness or
production of papers, books, accounts, documents, and testimony
relevant to the investigation or proceeding.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1999, 76th Leg., ch. 462, § 8, eff. June 18, 1999.
§ 33.025. ENFORCEMENT OF SUBPOENA. (a) The commission
may file an application in a district court or, if appropriate, with
a special master or special court of review, to enforce a subpoena
issued by the commission under this chapter.
(b) A special master or special court of review may enforce
by contempt a subpoena issued by the commission, the special
master, or the special court of review.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1999, 76th Leg., ch. 462, § 9, eff. June 18, 1999.
§ 33.026. WITNESS IMMUNITY. (a) In a proceeding or
deposition related to a proceeding before the commission, a special
master, or a special court of review, the commission, special
master, or special court of review may compel a person other than
the judge to testify or produce evidence over the person's claim of
privilege against self-incrimination.
(b) A person compelled to testify over a proper claim of
privilege against self-incrimination is not subject to indictment
or prosecution for a matter or transaction about which the person
truthfully testifies or produces evidence.
(c) A special master has the same powers as a district judge
in matters of contempt and granting immunity.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1999, 76th Leg., ch. 462, § 10, eff. June 18, 1999.
§ 33.027. DISCOVERY. (a) In formal proceedings or in a
proceeding before a special court of review, discovery shall be
conducted, to the extent practicable, in the manner provided by the
rules applicable to civil cases generally.
(b) On request, a special master, the commission, or a
special court of review shall expedite the discovery in formal
proceedings or in a proceeding before a special court of review.
(c) The following may not be the subject of a discovery
request in formal proceedings or in a proceeding before a special
court of review:
(1) the discussions, thought processes, or individual
votes of members of the commission;
(2) the discussions or thought processes of employees
of the commission, including special counsel for the commission;
or
(3) the identity of a complainant or informant if the
person requests that the person's identity be kept confidential.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1999, 76th Leg., ch. 462, § 11, eff. June 18, 1999.
§ 33.028. PROCESS AND ORDERS. (a) Process issued
under this chapter is valid anywhere in the state.
(b) A peace officer, an employee of the commission, or any
other person whom the commission, a special master, or a special
court of review designates may serve process or execute a lawful
order of the commission, the special master, or the special court of
review.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1999, 76th Leg., ch. 462, § 12, eff. June 18, 1999.
§ 33.029. WITNESSES' EXPENSES. A witness called to
testify by the commission other than an officer or employee of the
state or a political subdivision or court of the state is entitled
to the same mileage expenses and per diem as a witness before a
state grand jury. The commission shall pay these amounts from its
appropriated funds.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1999, 76th Leg., ch. 462, § 13, eff. June 18, 1999.
§ 33.030. ASSISTANCE TO COMMISSION, SPECIAL MASTER, OR
SPECIAL COURT OF REVIEW. (a) On request of the commission, the
attorney general shall act as its counsel generally or in a
particular investigation or proceeding.
(b) A state or local government body or department, an
officer or employee of a state or local government body, or an
official or agent of a state court shall cooperate with and give
reasonable assistance and information to the commission, an
authorized representative of the commission, a special master, or a
special court of review concerning an investigation or proceeding
before the commission, special master, or special court of review.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1999, 76th Leg., ch. 462, § 14, eff. June 18, 1999.
§ 33.031. NO AWARD OF COSTS. Court costs or attorney's
fees may not be awarded in a proceeding under this chapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1999, 76th Leg., ch. 462, § 15, eff. June 18, 1999.
§ 33.032. CONFIDENTIALITY OF PAPERS, RECORDS, AND
PROCEEDINGS. (a) Except as otherwise provided by this section
and Section 33.034, the papers filed with and proceedings before
the commission are confidential prior to the filing of formal
charges.
(b) The formal hearing and any evidence introduced during
the formal hearing, including papers, records, documents, and
pleadings filed with the clerk, shall be public.
(c) On issuance of a public admonition, warning, reprimand,
or public requirement that a person obtain additional training or
education by the commission, the record of the informal appearance
and the documents presented to the commission during the informal
appearance that are not protected by attorney-client or work
product privilege shall be public.
(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.
(e) On the filing of a written request by a judge, the
commission may release to the person designated in the request,
including the judge, the number, nature, and disposition of a
complaint filed against the judge with the commission, except that
the commission may refuse to release the identity of a complainant.
(f) The commission may release to the Office of the Chief
Disciplinary Counsel of the State Bar of Texas information
indicating that an attorney, including a judge who is acting in the
judge's capacity as an attorney, has violated the Texas
Disciplinary Rules of Professional Conduct.
(g) If the commission issues an order suspending a judge who
has been indicted for a criminal offense, the order, any withdrawal
of the order, and all records and proceedings related to the
suspension shall be public.
(h) A voluntary agreement to resign from judicial office in
lieu of disciplinary action by the commission shall be public on the
commission's acceptance of the agreement. The agreement and any
agreed statement of facts relating to the agreement are admissible
in a subsequent proceeding before the commission. An agreed
statement of facts may be released to the public only if the judge
violates a term of the agreement.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 486, § 2, eff. Aug. 31, 1987; Acts
1987, 70th Leg., 2nd C.S., ch. 47, § 1, eff. Oct. 20, 1987; Acts
1999, 76th Leg., ch. 462, § 16, eff. June 18, 1999; Acts 2001,
77th Leg., ch. 917, § 14, eff. Sept. 1, 2001.
§ 33.0321. CONFIDENTIALITY OF COMPLAINANT'S
IDENTITY. On the request of a complainant, the commission may keep
the complainant's identity confidential.
Added by Acts 2001, 77th Leg., ch. 917, § 15, eff. Sept. 1, 2001.
§ 33.033. NOTIFICATION TO COMPLAINANT. (a) The
commission shall promptly notify a complainant of the disposition
of the case.
(b) The communication shall inform the complainant that:
(1) the case has been dismissed;
(2) 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.
(c) The communication may not contain the name of a judge
unless a public sanction has been issued by the commission or formal
proceedings have been instituted.
(d) If a public sanction has been issued by the commission,
the communication must include a copy of the public sanction.
(e) If the complaint is dismissed by the commission, the
commission shall include in the notification under Subsection (a):
(1) an explanation of each reason for the dismissal;
and
(2) information relating to requesting
reconsideration of the dismissed complaint as provided by Sections
33.035(a) and (f).
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 486, § 3, eff. Aug. 31, 1987; Acts
1999, 76th Leg., ch. 462, § 17, eff. June 18, 1999; Acts 2001,
77th Leg., ch. 917, § 16, eff. Sept. 1, 2001.
§ 33.034. REVIEW OF COMMISSION DECISION. (a) A judge
who receives from the commission any 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.
(b) Not later than the 30th day after the date on which the
commission issues its decision, the judge must file with the chief
justice of the supreme court a written request for appointment of a
special court of review.
(c) Not later than the 10th day after the chief justice
receives the written request, the chief justice shall select by lot
the court of review. The court of review is composed of three court
of appeals justices, other than a justice serving in a court of
appeals district in which the judge petitioning for review of the
commission's order serves and other than a justice serving on the
commission. The chief justice shall notify the petitioner and the
commission of the identities of the justices appointed to the court
and of the date of their appointment. Service on the court shall be
considered a part of the official duties of a justice, and no
additional compensation may be paid for the service.
(d) Within 15 days after the appointment of the court of
review, the commission shall file with the clerk a charging
document that includes a copy of the sanction issued and any
additional charges to be considered in the de novo proceeding. The
charging document is public on its filing with the clerk. On receipt
of the filing of the charging document, the clerk shall send the
charging document to the judge who is the subject of the document
and to each justice on the court of review.
(e) The review by the court under this section is by trial de
novo as that term is used in the appeal of cases from justice to
county court. Any hearings of the court shall be public and shall
be held at the location determined by the court. Any evidence
introduced during a hearing, including papers, records, documents,
and pleadings filed with the clerk in the proceedings, is public.
(f) Except as otherwise provided by this section, the
procedure for the review is governed to the extent practicable by
the rules of law, evidence, and procedure that apply to the trial of
civil actions generally.
(g) A judge is not entitled to a trial by jury in a review
under this section.
(h) Within 30 days after the date on which the charging
document is filed with the clerk, the court shall conduct a hearing
on the charging document. The court may, if good cause is shown,
grant one or more continuances not to exceed a total of 60 days.
Within 60 days after the hearing, the court shall issue a decision
as to the proper disposition of the appeal.
(i) The court's decision under this section is not
appealable.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 47, § 2, eff. Oct.
20, 1987. Amended by Acts 1999, 76th Leg., ch. 462, § 18, eff.
June 18, 1999; Acts 2001, 77th Leg., ch. 917, § 17, eff. Sept. 1,
2001.
§ 33.035. RECONSIDERATION OF COMPLAINT. (a) A
complainant may request reconsideration of a dismissed complaint
if, not later than the 30th day after the date of the communication
informing the complainant of the dismissal, the complainant
provides additional evidence of misconduct committed by the judge.
(b) The commission shall deny a request for reconsideration
if the complainant does not meet the requirements under Subsection
(a). The commission shall notify the complainant of the denial in
writing.
(c) The commission shall grant a request for
reconsideration if the complainant meets the requirements under
Subsection (a). After granting a request, the commission shall
vote to:
(1) affirm the original decision to dismiss the
complaint; or
(2) reopen the complaint.
(d) The commission shall notify the complainant of the
results of the commission's vote under Subsection (c) in writing.
(e) The commission shall conduct an appropriate
investigation of a complaint reopened under Subsection (c)(2). The
investigation shall be conducted by commission staff who were not
involved in the original investigation.
(f) A complainant may request reconsideration of a
dismissed complaint under this section only once.
Added by Acts 2001, 77th Leg., ch. 917, § 18, eff. Sept. 1, 2001.
§ 33.036. CERTAIN DISCLOSURE OF INFORMATION. (a) To
protect the public interest, the commission may disclose
information relating to an investigation or proceeding under this
chapter to:
(1) a law enforcement agency;
(2) a public official who is authorized or required by
law to appoint a person to serve as a judge;
(3) the supreme court; or
(4) an entity that provides commission-ordered
education to judges.
(b) Information may be disclosed under this section only to
the extent necessary for the recipient of the information to
perform an additional duty or function.
Added by Acts 2001, 77th Leg., ch. 917, § 18, eff. Sept. 1, 2001.
§ 33.037. SUSPENSION PENDING APPEAL. 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.
Added by Acts 2001, 77th Leg., ch. 917, § 18, eff. Sept. 1, 2001.
§ 33.038. AUTOMATIC REMOVAL. A judge is automatically
removed from the judge's office if the judge is convicted of or is
granted deferred adjudication for:
(1) a felony; or
(2) a misdemeanor involving official misconduct.
Added by Acts 2001, 77th Leg., ch. 917, § 18, eff. Sept. 1, 2001.
SUBCHAPTER C. JUDICIAL CONDUCT
§ 33.051. SOLICITATION OR ACCEPTANCE OF REFERRAL FEES OR
GIFTS BY JUDGE; CRIMINAL PENALTY. (a) A judge commits an offense
if the judge solicits or accepts a gift or a referral fee in
exchange for referring any kind of legal business to an attorney or
law firm. This subsection does not prohibit a judge from:
(1) soliciting funds for appropriate campaign or
officeholder expenses as permitted by Canon 4D, Code of Judicial
Conduct, and state law; or
(2) accepting a gift in accordance with the provisions
of Canon 4D, Code of Judicial Conduct.
(b) It is an affirmative defense to prosecution under
Subsection (a) that:
(1) the judge solicited the gift or referral fee
before taking the oath of office but accepted the gift or fee after
taking the oath of office; or
(2) the judge solicited or accepted the gift or
referral fee after taking the oath of office in exchange for
referring to an attorney or law firm legal business that the judge
was engaged in but was unable to complete before taking the oath of
office.
(c) An offense under this section is a Class B misdemeanor.
(d) If, after an investigation, the commission determines
that a judge engaged in conduct described by Subsection (a) to which
Subsection (b) does not apply, the commission may issue a sanction
against the judge or institute formal proceedings, regardless of
whether the judge is being prosecuted or has been convicted of an
offense under this section.
(e) An attorney or judge who has information that a judge
engaged in conduct described by Subsection (a) to which Subsection
(b) does not apply shall file a complaint with the commission not
later than the 30th day after the date the attorney or judge
obtained the information. A judge who fails to comply with this
subsection is subject to sanctions by the commission. An attorney
who fails to comply with this subsection is subject to discipline by
the Commission for Lawyer Discipline under Subchapter E, Chapter
81.
(f) For purposes of this section:
(1) "Judge" does not include a constitutional county
court judge, a statutory county court judge who is authorized by law
to engage in the private practice of law, a justice of the peace, or
a municipal court judge, if that judge or justice of the peace
solicits or accepts a gift or a referral fee in exchange for
referring legal business that involves a matter over which that
judge or justice of the peace will not preside in the court of that
judge or justice of the peace.
(2) "Referral fee" includes forwarding fees,
acknowledgment fees, and any form of payment, benefit, or
compensation related to the referral or placement of a potential
client for legal services.
Added by Acts 2003, 78th Leg., ch. 850, § 1, eff. Sept. 1, 2003.
