By: Toth	H.B. No. 5008

	A BILL TO BE ENTITLED
	AN ACT
	relating to conduct of and complaints against current and former
	judges.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 33.0212 and 33.0213, Government Code,
	are amended to read as follows:
	Sec. 33.0212.  REPORT AND RECOMMENDATIONS ON FILED
	COMPLAINTS. (a)  As soon as practicable after a complaint is filed
	with the commission, commission staff shall conduct a preliminary
	investigation of the filed complaint and draft recommendations for
	commission action.
	(a-1)  On completion of the preliminary investigation and
	submission of recommendations under Subsection (a), commission
	staff shall provide to the judge who is the subject of the complaint
	written notice of:
	(1)  the complaint, the results of the preliminary
	investigation, and the commission staff's recommendations for
	commission action regarding the complaint; and
	(2)  the judge's right to attend each commission
	meeting at which the complaint is included in the report filed with
	the commission members under Subsection (a-2).
	(a-2)  Not later than the 10th business day before a
	scheduled commission meeting [120th day after the date a complaint
	is filed with the commission], commission staff shall prepare and
	file with each member of the commission a report detailing:
	(1)  each complaint for which a preliminary
	investigation has been conducted under Subsection (a) but for which
	the investigation report has not been finalized under Subsection
	(b);
	(2)  the results of the preliminary investigation of
	the complaint; and
	(3)  the commission staff's recommendations for
	commission action regarding the complaint.
	(b)  Not later than the 120th [90th] day following the date
	of the first commission meeting at which a complaint is included in
	the report filed with the commission under Subsection (a-2) [staff
	files with the commission the report required by Subsection (a)],
	the commission shall finalize the investigation report and
	determine any action to be taken regarding the complaint,
	including:
	(1)  a public sanction;
	(2)  a private sanction;
	(3)  a suspension;
	(4)  an order of education;
	(5)  an acceptance of resignation in lieu of
	discipline;
	(6)  a dismissal; or
	(7)  an initiation of formal proceedings.
	(b-1)  After the commission meeting at which an
	investigation report is finalized and an action is determined under
	Subsection (b), the commission shall provide to the judge who is the
	subject of a complaint:
	(1)  written notice of the action to be taken regarding
	the complaint not more than 48 hours after the commission meeting;
	and
	(2)  as the commission determines appropriate, notice
	of the action to be taken published on the commission's Internet
	website not more than 72 hours after the commission meeting.
	(c)  If, because of extenuating circumstances, the
	commission [staff] is unable to finalize an investigation report
	and determine the action to be taken regarding a complaint under
	Subsection (b) [provide an investigation report and recommendation
	to the commission] before the 120th day following the date of the
	first [the complaint was filed with the] commission meeting at
	which a complaint is included in the report filed with the
	commission under Subsection (a-2), the commission may order an
	extension[, the staff shall notify the commission and propose the
	number of days required for the commission and commission staff to
	complete the investigation report and recommendations and finalize
	the complaint. The staff may request an extension] of not more than
	240 [270] days from the date of the first [the complaint was filed
	with the] commission meeting at which a complaint is included in the
	report filed with the commission under Subsection (a-2).  [The
	commission shall finalize the complaint not later than the 270th
	day following the date the complaint was filed with the
	commission.]
	(d)  [The executive director may request that the
	chairperson grant an additional 120 days to the time provided under
	Subsection (c) for the commission and commission staff to complete
	the investigation report and recommendations and finalize the
	complaint.
	[(e)] If the commission orders an extension of time under
	Subsection (c) [chairperson grants additional time under
	Subsection (d)], the commission must timely inform the legislature
	of the extension. The commission may not disclose to the
	legislature any confidential information regarding the complaint.
	SECTION 2.  Section 33.001(b), Government Code, is amended
	to read as follows:
	(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; or
	(7)  persistent or wilful violation of Article 17.15,
	Code of Criminal Procedure.
	SECTION 3.  Section 33.034(a), Government Code, is amended
	to read as follows:
	(a)  A judge who receives from the commission a public
	sanction or censure issued by the commission under Section 1-a(8),
	Article V, Texas Constitution, that would prohibit the judge from
	service as a visiting judge [or any other 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.
	SECTION 4.  Section 33.037, Government Code, is amended to
	read as follows:
	Sec. 33.037.  SUSPENSION PENDING APPEAL OR FORMAL
	PROCEEDINGS. (a) 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.
	(b)  If a judge is subject to formal proceedings under
	Section 1-a(8), Article V, Texas Constitution, the commission shall
	within 15 days following the appointment of a special master
	suspend the judge from office without pay pending final disposition
	unless the special master recommends otherwise.
	(c)  If the commission issues a public reprimand of a judge
	under Section 1-a(8), Article V, Texas Constitution, for a
	violation of Section 33.001(b)(7) or 665.052(b)(4), the reprimand
	must include a 60-day suspension without pay.
	(d)  In the event of a suspension under Subsection (c), the
	commission shall notify the governor, the lieutenant governor, the
	speaker of the house of representatives, the presiding officers of
	the standing committees of each house of the legislature with
	applicable jurisdiction, and the comptroller of the suspension.
	SECTION 5.  Section 74.055(c), Government Code, is amended
	to read as follows:
	(c)  To be eligible to be named on the list, a retired or
	former judge must:
	(1)  have served as an active judge for at least 96
	months in a district, statutory probate, statutory county, or
	appellate court;
	(2)  have developed substantial experience in the
	judge's area of specialty;
	(3)  not have been removed from office;
	(4)  certify under oath to the presiding judge, on a
	form prescribed by the state board of regional judges, that:
	(A)  the judge has never been either:
	(i)  publicly reprimanded or censured by the
	State Commission on Judicial Conduct; or
	(ii)  publicly reprimanded, sanctioned, or
	censured, or any combination of those punishments, more than once,
	unless the reprimand, sanction, or censure has been reviewed and
	rescinded by a special court of review under Section 33.034; and
	(B)  the judge:
	(i)  did not resign or retire from office
	after the State Commission on Judicial Conduct notified the judge
	of the commencement of a full investigation into an allegation or
	appearance of misconduct or disability of the judge as provided in
	Section 33.022 and before the final disposition of that
	investigation; or
	(ii)  if the judge did resign from office
	under circumstances described by Subparagraph (i), was not publicly
	reprimanded or censured as a result of the investigation;
	(5)  annually demonstrate that the judge has completed
	in the past state fiscal year the educational requirements for
	active district, statutory probate, and statutory county court
	judges; and
	(6)  certify to the presiding judge a willingness not
	to appear and plead as an attorney in any court in this state for a
	period of two years.
	SECTION 6.  Section 665.052(b), Government Code, is amended
	to read as follows:
	(b)  In this section, "incompetency" means:
	(1)  gross ignorance of official duties;
	(2)  gross carelessness in the discharge of official
	duties; [or]
	(3)  inability or unfitness to discharge promptly and
	properly official duties because of a serious physical or mental
	defect that did not exist at the time of the officer's election; or
	(4)  persistent or wilful violation of Article 17.15,
	Code of Criminal Procedure.
	SECTION 7.  As soon as practicable after the effective date
	of this Act, the State Commission on Judicial Conduct shall adopt
	rules to implement Section 33.001(b), Government Code, as amended
	by this Act.
	SECTION 8.  The changes in law made by this Act apply only to
	an allegation of judicial misconduct received by the State
	Commission on Judicial Conduct or the legislature on or after the
	effective date of this Act, regardless of whether the conduct or act
	that is the subject of the allegation occurred or was committed
	before, on, or after the effective date of this Act.
	SECTION 9.  Section 33.037, Government Code, as amended by
	this Act, applies only to a special master appointed to hear a
	formal proceeding on or after the effective date of this Act.
	SECTION 10.  A former or retired judge on a list maintained
	by a presiding judge under Section 74.055(a), Government Code, who
	is ineligible to be named on the list under Section 74.055(c),
	Government Code, as amended by this Act, shall be struck from the
	list on the effective date of this Act and may not be assigned to any
	court on or after the effective date of this Act.
	SECTION 11.  This Act takes effect September 1, 2023.