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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the State Commission on Judicial |
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Conduct to discipline judges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.001, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (e) to read as |
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follows: |
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(b) For purposes of Section 1-a, Article V, Texas |
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Constitution, "wilful or persistent conduct that is clearly |
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inconsistent with the proper performance of a judge's duties" |
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includes: |
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(1) wilful, persistent, and unjustifiable failure to |
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timely execute the business of the court, considering the quantity |
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and complexity of the business; |
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(2) wilful violation of a provision of the Texas penal |
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statutes or the Code of Judicial Conduct; |
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(3) except as provided by Subsection (e), persistent |
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or wilful violation of the rules promulgated by the supreme court, |
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including a canon of the Code of Judicial Conduct; |
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(4) incompetence in the performance of the duties of |
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the office; |
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(5) except as provided by Subsection (e), failure to |
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cooperate with the commission; or |
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(6) violation of any provision of a voluntary |
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agreement to resign from judicial office in lieu of disciplinary |
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action by the commission. |
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(e) For purposes of this chapter and Section 1-a(6), Article |
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V, Texas Constitution, a judge is not subject to any disciplinary |
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action, investigation, censure, or sanction for criticizing or |
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refusing to follow an action or ruling of a federal court. A |
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judge's criticism of or refusal to follow an action or ruling of a |
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federal court is considered the judge's right to freedom of speech, |
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protected under Section 8, Article I, Texas Constitution. |
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SECTION 2. The changes in law made by this Act apply only to |
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an allegation of judicial misconduct received by the State |
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Commission on Judicial Conduct on or after the effective date of |
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this Act, regardless of whether the conduct or act that is the |
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subject of the allegation occurred or was committed before, on, or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2017. |