HJR140 - Proposing a constitutional amendment regarding the membership of the State Commission on Judicial Conduct and the authority of the commission and the Texas Supreme Court to more effectively sanction judges and justices for judicial misconduct.

  89R14165 AMF-D     By: Holt H.J.R. No. 140       A JOINT RESOLUTION   proposing a constitutional amendment regarding the membership of   the State Commission on Judicial Conduct and the authority of the   commission and the Texas Supreme Court to more effectively sanction   judges and justices for judicial misconduct.          BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1-a, Article V, Texas Constitution, is   amended by amending Subdivisions (2), (3), and (8) and adding   Subdivisions (2-a) and (2-b) to read as follows:                (2)  The State Commission on Judicial Conduct consists   of the following nine [ thirteen (13) ] members[ , to wit ]:                      (i)   four individuals who serve as a Justice or   Judge [ one (1) Justice ] of the Court of Criminal Appeals, a Court of   Appeals , a District Court, a County Court at Law, a Constitutional   County Court, a Municipal Court, or a Justice Court, two of whom are   appointed by the Supreme Court with advice and consent of the Senate   and two of whom are appointed by the Court of Criminal Appeals with   the advice and consent of the Senate ; and                      (ii)  [ one (1) District Judge; (iii) two (2)   members of the State Bar, who have respectively practiced as such   for over ten (10) consecutive years next preceding their selection;   (iv) ] five [ (5) ] citizens appointed by the Governor with advice and   consent of the Senate , who are each at least 30 [ thirty (30) ] years   of age, may be [ not ] licensed to practice law , and do not hold a [ nor   holding any ] salaried public office or employment .  [ ; (v)   one (1)   Justice of the Peace; (vi)   one (1) Judge of a Municipal Court; ]                 (2-a)  A [ (vii)   one (1) Judge of a County Court at Law;   and (viii)   one (1) Judge of a Constitutional County Court;     provided that no ] person may not be appointed  [ shall be ] or remain a   member of the Commission[ , ] who does not maintain physical   residence within this State[ , ] or who has [ shall have ] ceased to   retain the qualifications above specified for that person's   appointment.                 (2-b)     A person appointed under Subsection (2)(i) of   this Section [ respective class of membership, and provided that a   Commissioner of class (i), (ii), (iii), (vii), or (viii) ] may not be   a judge or justice [ reside or hold a judgeship ] in the same type of   court [ of appeals district ] as another member of the Commission.   [ Commissioners of classes (i), (ii), (vii), and (viii) above shall   be chosen by the Supreme Court with advice and consent of the   Senate, those of class (iii) by the Board of Directors of the State   Bar under regulations to be prescribed by the Supreme Court with   advice and consent of the Senate, those of class (iv) by appointment   of the Governor with advice and consent of the Senate, and the   commissioners of classes (v) and (vi) by appointment of the Supreme   Court as provided by law, with the advice and consent of the   Senate. ]                (3)  The regular term of office of Commissioners shall   be six [ (6) ] years[ ; but the initial members of each of classes (i),   (ii) and (iii) shall respectively be chosen for terms of four (4)   and six (6) years, and the initial members of class (iiii) for   respective terms of two (2), four (4) and six (6) years ].  Interim   vacancies shall be filled in the same manner as vacancies due to   expiration of a full term, but only for the unexpired portion of the   term in question.  Commissioners may succeed themselves in office   only if the commissioner has [ having ] served less than three [ (3) ]   consecutive years.                (8)  After such investigation as it deems necessary,   the Commission may in its discretion issue a [ private or ] public   admonition, warning, reprimand, or requirement that the person   obtain additional training or education, or if the Commission   determines that the situation merits such action, it may institute   formal proceedings and order a formal hearing to be held before it   concerning a person holding an office or position specified in   Subsection (6) of this Section, or it may in its discretion request   the Supreme Court to appoint an active or retired District Judge or   Justice of a Court of Appeals, or retired Judge or Justice of the   Court of Criminal Appeals or the Supreme Court, as a Master to hear   and take evidence in the matter, and to report thereon to the   Commission. The Master shall have all the power of a District Judge   in the enforcement of orders pertaining to witnesses, evidence, and   procedure. If, after formal hearing, or after considering the   record and report of a Master, the Commission finds good cause   therefor, it shall issue an order of public admonition, warning,   reprimand, censure, or requirement that the person holding an   office or position specified in Subsection (6) of this Section   obtain additional training or education[ , or it shall recommend to   a review tribunal the removal or retirement, as the case may be, of   the person and shall thereupon file with the tribunal the entire   record before the Commission ].          SECTION 2.  Section 1-a(6)(A), Article V, Texas   Constitution, is amended to read as follows:                (6)  A.  Any Justice or Judge of the courts established   by this Constitution or created by the Legislature as provided in   Section 1, Article V, of this Constitution, may, subject to the   other provisions hereof, be removed from office for willful or   persistent violation of rules promulgated by the Supreme Court of   Texas, incompetence in performing the duties of the office, willful   violation of the Code of Judicial Conduct, or willful or persistent   conduct that is clearly inconsistent with the proper performance of   the person's [ his ] duties or casts public discredit upon the   judiciary or administration of justice.  Any person holding such   office may be disciplined or censured, in lieu of removal from   office, as provided by this section.  Any person holding an office   specified in this subsection shall [ may ] be suspended from office   with or without pay by the Commission immediately on being indicted   by a State or Federal grand jury for a felony offense or charged   with a misdemeanor involving official misconduct.  On the filing of   a sworn complaint charging a person holding such office with   willful or persistent violation of rules promulgated by the Supreme   Court of Texas, incompetence in performing the duties of the   office, willful violation of the Code of Judicial Conduct, or   willful and persistent conduct that is clearly inconsistent with   the proper performance of the person's [ his ] duties or casts public   discredit on the judiciary or on the administration of justice, the   Commission, after giving the person notice and an opportunity to   appear and be heard before the Commission, may recommend to the   Supreme Court the suspension of such person from office with or   without pay .  The Supreme Court, after considering the record of   such appearance and the recommendation of the Commission, may   suspend the person from office with or without pay, pending final   disposition of the charge.          SECTION 3.  The following temporary provision is added to   the Texas Constitution:           TEMPORARY PROVISION.     (a)   This temporary provision applies   to the constitutional amendment proposed by the 89th Legislature,   Regular Session, 2025, regarding the membership of the State   Commission on Judicial Conduct and the authority of the commission   and the Texas Supreme Court to more effectively sanction judges and   justices for judicial misconduct.   The constitutional amendment   takes effect January 1, 2026.           (b)     Unless otherwise removed as provided by law, the   commissioners of the State Commission on Judicial Conduct serving   on the date the amendment described by Subsection (a) of this   section is approved by the voters as shown by the official canvass   of returns shall continue in office as the members of the State   Commission on Judicial Conduct under the former law that governed   the composition of the State Commission on Judicial Conduct, and   the former law is continued in effect for that purpose.   New   commissioners of the State Commission on Judicial Conduct shall be   chosen as vacancies occur.           (c)  This temporary provision expires January 1, 2031.          SECTION 4.  This proposed constitutional amendment shall be   submitted to the voters at an election to be held November 4, 2025.   The ballot shall be printed to provide for voting for or against the   proposition: "The constitutional amendment regarding the   membership of the State Commission on Judicial Conduct and the   authority of the commission and the Texas Supreme Court to more   effectively sanction judges and justices for judicial misconduct."