Highlights 77th Texas Legislature - Senate

______________________________ JUDICIARY
77 th Texas Legislature
State Commission on Judicial Conduct (Sunset) - S.B. 303
by Senator Lucio
House Sponsors: Representative Gallego, et al.
Incorporates recommendations by the Sunset Advisory Commission into statutory provisions regarding the
State Commission on Judicial Conduct (commission).
Expands the definition of willful or persistent conduct that is clearly inconsistent with the proper
performance of a judge's duties to include failure to cooperate with the commission or violation of a
voluntary agreement to resign from judicial office in lieu of disciplinary action by the commission.
Prohibits a person from acting as the commission’s general counsel if the person is required to register as a
lobbyist because of the person's activities for compensation on behalf of a profession related to the
operation of the commission.
Provides that special masters will be compensated in the same manner as assigned judges or justices.
Requires the Texas Bar Journal to periodically publish public statements, sanctions, and orders of
additional education issued by the commission.
Gives the commission the power to order a judge to submit a written response or appear informally.
Requires the commission to adopt procedures by January 1, 2002, for hearing from judges and
complainants appearing before the commission. The procedures must ensure the confidentiality of a
complainant's identity.
Authorizes the commission to order a judge to submit to a mental examination by one or more qualified
psychologists.
Clarifies what records of proceedings are confidential or public information. On the request of a
complainant, the commission may keep the complainant's identity confidential.
Clarifies what information the commission must provide the complainant on the disposition of a case.
Provides that a complainant may request reconsideration of a dismissed complaint and sets out the
procedures for reconsideration.
Provides for the suspension pending appeal or the automatic removal of a judge who is convicted of or
granted deferred adjudication for a felony or a misdemeanor involving official misconduct.
Entitles the commission to obtain criminal history records maintained by the Texas Department of Public
Safety for a judge who is the subject of a complaint or investigation, and provides for the confidentiality of
such information.
Senate Research Center 180