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AN ACT
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relating to the appeal of a censure issued by the State Commission |
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on Judicial Conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subdivision (11), Section 33.001, Government |
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Code, is amended to read as follows: |
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(11) "Special court of review" means a panel of three |
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justices of the courts of appeal selected by lot by the chief |
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justice of the supreme court on petition to review a censure or |
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sanction issued by the commission under Section 1-a(8), Article V, |
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Texas Constitution. |
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SECTION 2. Section 33.034, Government Code, is amended by |
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amending Subsections (a), (d), (e), (f), and (g) and adding |
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Subsection (e-1) to read as follows: |
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(a) A judge who receives from the commission any type of |
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sanction, or a censure issued by the commission under Section |
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1-a(8), Article V, Texas Constitution, is entitled to a review of |
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the commission's decision as provided by this section. This |
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section does not apply to a decision by the commission to institute |
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formal proceedings. |
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(d) Within 15 days after the appointment of the court of |
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review, the commission shall file with the clerk a charging |
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document that includes, as applicable, a copy of the censure or |
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sanction issued and any additional charges to be considered by the |
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court of review [in the de novo proceeding]. The charging document |
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is public on its filing with the clerk. On receipt of the filing of |
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the charging document, the clerk shall send the charging document |
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to the judge who is the subject of the document and to each justice |
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on the court of review. |
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(e) The review by the court under this section: |
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(1) of a censure is a review of the record of the |
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proceedings that resulted in the censure and is based on the law and |
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facts that were presented in the proceedings and any additional |
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evidence that the court in its discretion may, for good cause shown, |
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permit; and |
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(2) of a sanction is by trial de novo as that term is |
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used in the appeal of cases from justice to county court. |
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(e-1) Any hearings of the court shall be public and shall be |
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held at the location determined by the court. Any evidence |
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introduced during a hearing, including papers, records, documents, |
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and pleadings filed with the clerk in the proceedings, is public. |
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(f) Except as otherwise provided by this section, the |
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procedure for the review of a sanction is governed to the extent |
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practicable by the rules of law, evidence, and procedure that apply |
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to the trial of civil actions generally. |
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(g) A judge is not entitled to a trial by jury in a review of |
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a sanction under this section. |
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SECTION 3. The change in law made by this Act applies only |
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to a censure issued by the State Commission on Judicial Conduct |
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under Subdivision (8), Section 1-a, Article V, Texas Constitution, |
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on or after the effective date of this Act. A censure issued before |
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the effective date of this Act is governed by the law in effect on |
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the date the censure was issued, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1436 passed the Senate on |
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April 16, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1436 passed the House on |
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May 27, 2009, by the following vote: Yeas 148, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |