 |
Texas Statutes (Last Updated: January 4, 2014) |
 |
GOVERNMENT CODE |
|
Title 2. JUDICIAL BRANCH |
|
Subtitle B. JUDGES |
|
Chapter 33. STATE COMMISSION ON JUDICIAL CONDUCT |
|
Subchapter A. GENERAL PROVISIONS |
Sec. 33.001. DEFINITIONS
-
(a) In this chapter:
(1) "Censure" means an order of denunciation issued by the commission under Section 1-a(8), Article V, Texas Constitution, or an order issued by a review tribunal under Section 1-a(9), Article V, Texas Constitution.
(2) "Chairperson" means the member of the commission selected by the members of the commission to serve as its presiding officer.
(3) "Clerk" means the individual designated by the commission to assist in:
(A) formal proceedings before the commission or a special master; or
(B) proceedings before a special court of review.
(4) "Commission" means the State Commission on Judicial Conduct.
(5) "Examiner" means an individual, including an employee or special counsel of the commission, appointed by the commission to gather and present evidence before a special master, the commission, a special court of review, or a review tribunal.
(6) "Formal hearing" means the public evidentiary phase of formal proceedings conducted before the commission or a special master.
(7) "Formal proceedings" means the proceedings ordered by the commission concerning the public censure, removal, or retirement of a judge.
(8) "Judge" means a justice, judge, master, magistrate, or retired or former judge as described by Section 1-a, Article V, Texas Constitution, or other person who performs the functions of the justice, judge, master, magistrate, or retired or former judge.
(9) "Review tribunal" means a panel of seven justices of the courts of appeal selected by lot by the chief justice of the supreme court to review a recommendation of the commission for the removal or retirement of a judge under Section 1-a(9), Article V, Texas Constitution.
(10) "Sanction" means an order issued by the commission under Section 1-a(8), Article V, Texas Constitution, providing for a private or public admonition, warning, or reprimand or requiring that a person obtain additional training or education.
(11) "Special court of review" means a panel of three justices of the courts of appeal selected by lot by the chief justice of the supreme court on petition to review a censure or sanction issued by the commission under Section 1-a(8), Article V, Texas Constitution.
(12) "Special master" means a master appointed by the supreme court under Section 1-a, Article V, Texas Constitution.
(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.
(c) The definitions provided by Subsections (b) and (d) are not exclusive.
(d) For purposes of Subdivision (6), Section 1-a, Article V, Texas Constitution, a misdemeanor involving official misconduct includes a misdemeanor involving an act relating to a judicial office or a misdemeanor involving an act involving moral turpitude.