HBA-KDB C.S.S.B. 303 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 303
By: Lucio
Judicial Affairs
5/3/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The State Commission on Judicial Conduct (commission) exercises
jurisdiction over approximately 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.  C.S.S.B. 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

C.S.S.B. 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 and to inform a complainant
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 the commission to invite complainants to appear at informal
proceedings (Sec. 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 to law enforcement
agencies, public officials who appoint judges to the bench, courts,
entities that provide commission-ordered education, and the State Bar of
Texas, as necessary to protect the  public interest (Secs. 33.032 and
33.036).  The bill prohibits the commission from imposing a sanction on a
judge solely because of the judge's participation in a professional
association (Sec. 33.038).  The bill entitles the commission to obtain from
the Department of Public Safety the criminal history record information of
a judge under investigation, or of a complainant or a 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 any person  employed by the special counsel or others
appointed to assist the commission in performing its duties (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 with the 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 the physical or
mental incapacity of a judge and  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, 33.0041-33.0046,
and 33.0211). 

Not later than January 1, 2002, the commission is required to develop
plain-language materials, adopt a policy to effectively distribute the
materials, and adopt a policy for hearing procedures. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 303 modifies the original bill by removing provisions that allow
people who bring complaints against judges to request confidentiality from
the State Commission on Judicial Conduct (commission).    

The substitute modifies the definition of "wilful or persistent conduct
that is clearly inconsistent with the proper performance of a judge's
duties" by removing failure to cooperate with the commission (Sec. 33.001).
The substitute requires the commission to make a complaint file available
to the judge who is the subject of the complaint or to the judge's attorney
at least seven days before the date that a hearing on the complaint is held
(Sec. 33.0211).  The substitute requires the communication that notifies a
complainant of the disposition of a case to inform the complainant that
appropriate action has been taken, rather than that a private sanction or
order of additional education has been issued by the commission (Sec.
33.033).  The substitute prohibits the commission from imposing a sanction
on a judge solely because of the judge's participation in a professional
association (Sec. 33.038).