HBA-KDB S.B. 303 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 303 By: Lucio Judicial Affairs 4/4/2001 Engrossed BACKGROUND AND PURPOSE The State Commission on Judicial Conduct (commission) exercises jurisdiction over about 3,450 judges and judicial officers. Created by a constitutional amendment in 1965, the commission is a judicial agency whose major function is investigating and taking appropriate action in cases of judicial misconduct or incapacity of judges and judicial officers. Sanctions may include discipline, education, censure, or filing of formal proceedings that could result in removal from office. The commission operates with an annual budget of about $700,000 and employs 15 people. Senate Bill 303 modifies statutory provisions regarding the commission recommended by the Sunset Advisory Commission. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS Senate Bill 303 amends the Government Code to require the State Commission on Judicial Conduct (commission) to develop and distribute plain-language materials to the public and judges on what constitutes judicial misconduct (Sec. 33.007). The bill requires the commission to provide complainants with an explanation of complaint dismissals, to inform a complainant when the commission issues a private sanction or order of additional education, and when a judge has resigned from judicial office in lieu of disciplinary action by the commission (Sec. 33.033). The bill requires the Texas Bar Journal to publish public statements and summaries of sanctions issued by the commission (Sec. 33.005). The bill allows people who bring complaints against judges to request confidentiality, and allows the commission to invite complainants to appear at informal proceedings (Secs. 33.0321 and 33.022). The bill codifies a complainant's right to request reconsideration of a dismissed complaint and outlines procedures for reconsideration (Secs. 33.033 and 33.035). The bill removes confidentiality restrictions related to the commission's ability to oversee judicial conduct. The bill requires that formal hearings and related documents to discipline or remove a judge become public when the commission files formal charges to institute the proceedings, clarifies which documents become public on issuance of a public admonition, and clarifies that documents related to suspension of orders of a judge under criminal indictment are required to be public (Sec. 33.032). The bill authorizes the commission to disclose information with certain law enforcement, public officials who appoint judges to the bench, courts, an entity that provides commission-ordered education, and the State Bar of Texas, as necessary to protect the public interest (Secs. 33.032 and 33.036). The bill entitles the commission to obtain from the Department of Public Safety the criminal history record information of a judge under investigation, and of a complainant or witness in any commission investigation (Sec. 411.137). The bill requires the commission to routinely provide information relating to judicial misconduct to entities that provide education to judges (Sec. 33.008). The bill makes special master compensation consistent with pay for visiting judges (Sec. 33.004). The bill provides immunity from liability for special counsel or others employed to assist the commission in performing its duties, such as mentor judges (Sec. 33.006). The bill removes language that allows the commission to arrange for attendance of witnesses not subject to subpoena, and allows notice to submit a written response or appear informally before the commission to be served on a judge's attorney. The bill removes the authorization for notice to be served by a commission member. The bill provides the commission authority to order a judge's written response, informal appearance, or deposition (Secs. 33.021 and 33.022). The bill requires the commission to inform a complainant when a judge has resigned from judicial office in lieu of disciplinary action by the commission, and states when these agreements become public (Secs. 33.032 and 33.033). The bill authorizes the commission to order a physical or mental examination in any investigation or proceeding involving physical or mental incapacity of a judge, and also removes language requiring a physical or mental incapacity of a judge, and also removes language requiring a physical or mental examination to take place in the judge's place of residence or location to which the judge consents (Sec. 33.023). The bill clarifies provisions relating to judicial misconduct and adds examples to further define judicial misconduct and further define official misconduct for suspension purposes (Sec. 33.001). The bill sets forth standard Sunset Advisory Commission recommendations regarding the maintaining of written complaints, equal employment, conflicts of interest, member removal, equal employment policy, member training, standards of conduct policy, and state employee incentive program implementation by the commission (Secs. 33.002, 33.0032, 33.0041, 33.0042, 33.0043, 33.0044, 33.0045, 33.0046, and 33.0211). Not later than January 1, 2002, the commission is required to develop plain-language materials and a policy to effectively distribute the materials, and adopt a policy for hearing procedures. EFFECTIVE DATE September 1, 2001.