Monday, October 8, 2018

From the Austin American - Statesman: Texas judges’ misdeeds often kept secret by oversight commission

Some background on an issue covered in the textbook on Texas Government.

- Click here for the article.
- Complete page for sunset review of the Commission on Judicial Conduct.
- Click here for the results of the sunset review.

Highlights:

Final Results from Last Sunset Report

The following material summarizes the results of the 2012-2013 Sunset review of the Commission, including statutory changes made through Senate Bill 209 and Senate Joint Resolution 42. For additional information see the State Commission on Judicial Conduct Sunset Final Report with
Legislative Action.

Range of Sanctions
Authorizes the Commission to use its full range of sanctions following open, formal proceedings.
Authorizes a Court of Review to hear appeals of sanctions following formal proceedings based on a review of the record, in the same manner as it hears appeals of censures.

Procedural Rules
Requires the Commission to report to the Supreme Court as needed on suggested changes to update the Commission’s procedural rules.

Complaint Dismissals
Requires the Commission, after dismissing a complaint, to provide the individual who filed the complaint with the reason(s) in plain language why the allegation made in the complaint failed to meet the definition of judicial misconduct.

Public Input
Requires the Commission to hold an open hearing once every two years to allow the public to offer input on the Commission’s mission and operations.

State Agency Status
Clarifies that the Commission is a state agency for the administration of judicial discipline, and does not have the power and authority of a court.

Future Sunset Reviews
Requires the Commission to provide Sunset staff with access to observe its closed meetings and review its confidential records to ensure a complete and thorough evaluation of the Commission’s activities.

Requires a Sunset review in six years, rather than the standard 12-year period.
Maintains in law the requirement for the Commission to distribute an annual report on its activities to protect the public from judicial misconduct.