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proposing a constitutional amendment relating to expanding the |
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types of sanctions that may be assessed against a judge or justice |
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following a formal proceeding instituted by the State Commission on |
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Judicial Conduct. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subdivision (8), Section 1-a, Article V, Texas |
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Constitution, is amended to read as follows: |
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(8) After such investigation as it deems necessary, |
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the Commission may in its discretion issue a private or public |
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admonition, warning, reprimand, or requirement that the person |
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obtain additional training or education, or if the Commission |
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determines that the situation merits such action, it may institute |
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formal proceedings and order a formal hearing to be held before it |
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concerning [the public censure, removal, or retirement of] a person |
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holding an office or position specified in Subsection (6) of this |
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Section, or it may in its discretion request the Supreme Court to |
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appoint an active or retired District Judge or Justice of a Court of |
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Appeals, or retired Judge or Justice of the Court of Criminal |
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Appeals or the Supreme Court, as a Master to hear and take evidence |
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in the [any such] matter, and to report thereon to the Commission. |
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The Master shall have all the power of a District Judge in the |
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enforcement of orders pertaining to witnesses, evidence, and |
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procedure. If, after formal hearing, or after considering the |
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record and report of a Master, the Commission finds good cause |
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therefor, it shall issue an order of public admonition, warning, |
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reprimand, censure, or requirement that the person holding an |
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office or position specified in Subsection (6) of this Section |
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obtain additional training or education, or it shall recommend to a |
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review tribunal the removal or retirement, as the case may be, of |
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the person [in question holding an office or position specified in
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Subsection (6) of this Section] and shall thereupon file with the |
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tribunal the entire record before the Commission. |
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SECTION 2. The following temporary provision is added to |
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the Texas Constitution: |
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TEMPORARY PROVISION. (a) This temporary provision applies |
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to the constitutional amendment proposed by the 83rd Legislature, |
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Regular Session, 2013, relating to the sanctions that may be |
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assessed against a judge or justice following a formal proceeding |
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instituted by the State Commission on Judicial Conduct. |
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(b) The amendment to Section 1-a(8), Article V, of this |
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constitution takes effect January 1, 2014, and applies only to a |
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formal proceeding instituted by the State Commission on Judicial |
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Conduct on or after that date. |
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(c) This temporary provision expires January 1, 2016. |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 5, 2013. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment relating to expanding |
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the types of sanctions that may be assessed against a judge or |
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justice following a formal proceeding instituted by the State |
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Commission on Judicial Conduct." |