CHAPTER 33. STATE COMMISSION ON JUDICIAL CONDUCT

Statutes > Texas Statutes > GOVERNMENT CODE > TITLE 2. JUDICIAL BRANCH > CHAPTER 33. STATE COMMISSION ON JUDICIAL CONDUCT

GOVERNMENT CODE

TITLE 2. JUDICIAL BRANCH

SUBTITLE B. JUDGES

CHAPTER 33. STATE COMMISSION ON JUDICIAL CONDUCT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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 censure or sanction

issued by the commission under Section 1-a(8), Article V, Texas

Constitution.

(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.

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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1999, 76th Leg., ch. 462, Sec. 1, eff. June 18,

1999; Acts 2001, 77th Leg., ch. 917, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

805, Sec. 1, eff. June 19, 2009.

Sec. 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.

to the race, color, disability, sex, religion, age, or national

origin of the appointees.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1999, 76th Leg., ch. 462, Sec. 2, eff. June 18,

1999; Acts 2001, 77th Leg., ch. 917, Sec. 2, eff. Sept. 1, 2001.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1985, 69th Leg., ch. 480, Sec. 21, eff. Sept. 1,

1985; Acts 1987, 70th Leg., ch. 148, Sec. 2.47(a), eff. Sept. 1,

1987; Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 5.13, eff.

Nov. 12, 1991.

Sec. 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.

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, Sec. 3, eff. Sept. 1,

2001.

Sec. 33.004. COMPENSATION AND EXPENSES OF COMMISSION MEMBERS,

SPECIAL MASTERS, AND OTHER EMPLOYEES. (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.

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, special counsel, or

any other person appointed by the commission to assist the

commission in performing the duties 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 2001, 77th Leg., ch. 917, Sec. 4, eff. Sept. 1,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

807, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

807, Sec. 2, eff. September 1, 2009.

Sec. 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, Sec. 5, eff. Sept. 1,

2001.

Sec. 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, Sec. 5, eff. Sept. 1,

2001.

Sec. 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.

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, Sec. 5, eff. Sept. 1,

2001.

Sec. 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, Sec. 5, eff. Sept. 1,

2001.

Sec. 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.

(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, Sec. 5, eff. Sept. 1,

2001.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1989, 71st Leg., ch. 646, Sec. 3, eff. Aug. 28,

1989; Acts 1999, 76th Leg., ch. 462, Sec. 3, eff. June 18, 1999;

Acts 2001, 77th Leg., ch. 917, Sec. 6, eff. Sept. 1, 2001.

Sec. 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.

absolute and unqualified and extends to any action at law or in

equity.

Added by Acts 1999, 76th Leg., ch. 462, Sec. 4, eff. June 18,

1999. Amended by Acts 2001, 77th Leg., ch. 917, Sec. 7, eff.

Sept. 1, 2001.

Sec. 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.

(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, Sec. 8, eff. Sept. 1,

2001.

Sec. 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, Sec. 8, eff. Sept. 1,

2001.

SUBCHAPTER B. POWERS AND DUTIES

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1999, 76th Leg., ch. 462, Sec. 5, eff. June 18,

1999; Acts 2001, 77th Leg., ch. 917, Sec. 10, eff. Sept. 1, 2001.

Sec. 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, Sec. 11, eff. Sept. 1,

2001.

Sec. 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.

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

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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 486, Sec. 1, eff. Aug. 31,

1987; Acts 1993, 73rd Leg., ch. 596, Sec. 1, 2, eff. Sept. 1,

1993; Acts 1999, 76th Leg., ch. 462, Sec. 6, eff. June 18, 1999;

Acts 2001, 77th Leg., ch. 917, Sec. 12, eff. Sept. 1, 2001.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1999, 76th Leg., ch. 462, Sec. 7, eff. June 18,

1999; Acts 2001, 77th Leg., ch. 917, Sec. 13, eff. Sept. 1, 2001.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1999, 76th Leg., ch. 462, Sec. 8, eff. June 18,

1999.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1999, 76th Leg., ch. 462, Sec. 9, eff. June 18,

1999.

Sec. 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.

matters of contempt and granting immunity.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1999, 76th Leg., ch. 462, Sec. 10, eff. June 18,

1999.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1999, 76th Leg., ch. 462, Sec. 11, eff. June 18,

1999.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1999, 76th Leg., ch. 462, Sec. 12, eff. June 18,

1999.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1999, 76th Leg., ch. 462, Sec. 13, eff. June 18,

1999.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1999, 76th Leg., ch. 462, Sec. 14, eff. June 18,

1999.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1999, 76th Leg., ch. 462, Sec. 15, eff. June 18,

1999.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 486, Sec. 2, eff. Aug. 31,

1987; Acts 1987, 70th Leg., 2nd C.S., ch. 47, Sec. 1, eff. Oct.

20, 1987; Acts 1999, 76th Leg., ch. 462, Sec. 16, eff. June 18,

1999; Acts 2001, 77th Leg., ch. 917, Sec. 14, eff. Sept. 1, 2001.

Sec. 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, Sec. 15, eff. Sept. 1,

2001.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 486, Sec. 3, eff. Aug. 31,

1987; Acts 1999, 76th Leg., ch. 462, Sec. 17, eff. June 18, 1999;

Acts 2001, 77th Leg., ch. 917, Sec. 16, eff. Sept. 1, 2001.

Sec. 33.034. REVIEW OF COMMISSION DECISION. (a) A judge who

receives from the commission any type of sanction, or a censure

issued by the commission under Section 1-a(8), Article V, Texas

Constitution, 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.

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, as applicable, a copy of the censure or sanction issued

and any additional charges to be considered by the court of

review. 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:

(1) of a censure is a review of the record of the proceedings

that resulted in the censure and is based on the law and facts

that were presented in the proceedings and any additional

evidence that the court in its discretion may, for good cause

shown, permit; and

(2) of a sanction is by trial de novo as that term is used in

the appeal of cases from justice to county court.

(e-1) 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 of a sanction 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 of a

sanction 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, Sec. 2, eff.

Oct. 20, 1987. Amended by Acts 1999, 76th Leg., ch. 462, Sec. 18,

eff. June 18, 1999; Acts 2001, 77th Leg., ch. 917, Sec. 17, eff.

Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

805, Sec. 2, eff. June 19, 2009.

Sec. 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.

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, Sec. 18, eff. Sept. 1,

2001.

Sec. 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, Sec. 18, eff. Sept. 1,

2001.

Sec. 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, Sec. 18, eff. Sept. 1,

2001.

Sec. 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, Sec. 18, eff. Sept. 1,

2001.

SUBCHAPTER C. JUDICIAL CONDUCT

Sec. 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.

(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, Sec. 1, eff. Sept. 1,

2003.

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Texas Codes and Statutes

CHAPTER 33. STATE COMMISSION ON JUDICIAL CONDUCT