88R27278 TSS-F
	By: Huffman, et al.	S.B. No. 21
	(Leach)
	Substitute the following for S.B. No. 21:  No.

	A BILL TO BE ENTITLED
	AN ACT
	relating to the discipline of judges by the State Commission on
	Judicial Conduct and the legislature.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 33.001(b), Government Code, is amended
	to read as follows:
	(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; or
	(7)  persistent or wilful violation of Article 17.15,
	Code of Criminal Procedure.
	SECTION 2.  Section 33.0212, Government Code, is amended to
	read as follows:
	Sec. 33.0212.  REPORT AND RECOMMENDATIONS ON FILED
	COMPLAINTS. (a)  As soon as practicable after a complaint is filed
	with the commission, commission staff shall conduct a preliminary
	investigation of the filed complaint and draft recommendations for
	commission action.
	(a-1)  On completion of the preliminary investigation and
	submission of recommendations under Subsection (a), commission
	staff shall provide to the judge who is the subject of the complaint
	written notice of:
	(1)  the complaint, the results of the preliminary
	investigation, and the commission staff's recommendations for
	commission action regarding the complaint; and
	(2)  the judge's right to attend each commission
	meeting at which the complaint is included in the report filed with
	the commission members under Subsection (a-2).
	(a-2)  Not later than the 10th business day before a
	scheduled commission meeting [120th day after the date a complaint
	is filed with the commission], commission staff shall prepare and
	file with each member of the commission a report detailing:
	(1)  each complaint for which a preliminary
	investigation has been conducted under Subsection (a) but for which
	the investigation report has not been finalized under Subsection
	(b);
	(2)  the results of the preliminary investigation of
	the complaint; and
	(3)  the commission staff's recommendations for
	commission action regarding the complaint.
	(b)  Not later than the 120th [90th] day following the date
	of the first commission meeting at which a complaint is included in
	the report filed with the commission under Subsection (a-2) [staff
	files with the commission the report required by Subsection (a)],
	the commission shall finalize the investigation report and
	determine any action to be taken regarding the complaint,
	including:
	(1)  a public sanction;
	(2)  a private sanction;
	(3)  a suspension;
	(4)  an order of education;
	(5)  an acceptance of resignation in lieu of
	discipline;
	(6)  a dismissal; or
	(7)  an initiation of formal proceedings.
	(b-1)  After the commission meeting at which an