Proposing a constitutional amendment regarding the membership of the State Commission on Judicial Conduct, the membership of the tribunal to review the commission's recommendations, and the authority of the commission, the tribunal, and the Texas Supreme Court to more effectively sanction judges and justices for judicial misconduct.

89(R) SJR 27 - Enrolled version - Bill Text

S.J.R. No. 27

proposing a constitutional amendment regarding the membership of

the State Commission on Judicial Conduct, the membership of the

tribunal to review the commission's recommendations, and the

authority of the commission, the tribunal, and the Texas Supreme

Court to more effectively sanction judges and justices for judicial

misconduct.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1-a, Article V, Texas Constitution, is

amended by amending Subdivisions (2), (3), (8), and (9) and adding

Subdivisions (2-a), (2-b), and (8-a) to read as follows:

(2) The State Commission on Judicial Conduct consists

of
the following 13
[
thirteen (13)
] members[
, to wit
]:

(i)
six judges or justices of courts in this

state appointed by the Supreme Court with the advice and consent of

the Senate, two of whom must be trial court judges
[
one (1) Justice

of a Court of Appeals
];
and

(ii)
seven
[
one (1) District Judge; (iii)

two

(2) members of the State Bar, who have respectively practiced as

such for over ten (10) consecutive years next preceding their

selection; (iv)

five (5)
] citizens
appointed by the Governor with

the advice and consent of the Senate, who are
[
,
] at least
35
[
thirty

(30)
] years of age
.

(2-a) A
[
, not licensed to practice law nor holding any

salaried public office or employment; (v)

one (1) Justice of the

Peace; (vi)

one (1) Judge of a Municipal Court; (vii)

one (1)

Judge of a County Court at Law; and (viii) one (1) Judge of a

Constitutional County Court; provided that no
] person
may not

[
shall
] be
appointed to
or remain a member of the Commission
if the

person
[
, who
] does not maintain physical residence within this

State[
,
] or
has
[
who shall have
] ceased to retain the

qualifications [
above
] specified
in Subsection (2) of this Section

for that person's
appointment.

(2-b)

A person appointed under Subsection (2) of this

Section who is a judge or justice
[
respective class of membership,

and provided that a Commissioner of class (i), (ii), (iii), (vii),

or (viii)
] may not
be a judge or justice
[
reside or hold a

judgeship
] in the same
type of
court [
of appeals district
] as

another member of the Commission
who is a judge or justice
.

[
Commissioners of classes (i), (ii), (vii), and (viii) above shall

be chosen by the Supreme Court with advice and consent of the

Senate, those of class (iii) by the Board of Directors of the State

Bar under regulations to be prescribed by the Supreme Court with

advice and consent of the Senate, those of class (iv) by appointment

of the Governor with advice and consent of the Senate, and the

commissioners of classes (v) and (vi) by appointment of the Supreme

Court as provided by law, with the advice and consent of the

Senate.
]

(3) The regular term of office of Commissioners shall

be six [
(6)
] years[
; but the initial members of each of classes (i),

(ii) and (iii) shall respectively be chosen for terms of four (4)

and six (6) years, and the initial members of class (iiii) for

respective terms of two (2), four (4) and six (6) years
]. Interim

vacancies shall be filled in the same manner as vacancies due to

expiration of a full term, but only for the unexpired portion of the

term in question. Commissioners may succeed themselves in office

only if
the commissioner has
[
having
] served less than three [
(3)
]

consecutive years.

(8) After such investigation as it deems necessary,

the Commission may
,
in its discretion
:

(i)

for a person holding an office or position

specified in Subsection (6) of this Section who has never been

issued an order under this subparagraph and in response to a

complaint or report other than a complaint or report alleging the

person engaged in conduct constituting a criminal offense, issue an

order of private admonition, warning, reprimand, censure, or

requirement that the person obtain additional training or

education;

(ii)
issue a [
private or
] public admonition,

warning, reprimand, or requirement that the person obtain

additional training or education
;
[
,
] or

(iii)
if the Commission determines that the

situation merits such action, [
it may
] institute formal proceedings

and order a formal hearing to be held before it concerning a person

holding an office or position specified in Subsection (6) of this

Section, or it may in its discretion request the Supreme Court to

appoint an active or retired District Judge or Justice of a Court of

Appeals, or retired Judge or Justice of the Court of Criminal

Appeals or the Supreme Court, as a Master to hear and take evidence

in the matter, and to report thereon to the Commission
and to the

Supreme Court
.

(8-a) A
[
The
] Master
appointed under Subsection

(8)(iii) of this Section
shall have all the power of a District

Judge in the enforcement of orders pertaining to witnesses,

evidence, and procedure. If, after formal hearing
under Subsection

(8)(iii) of this Section
, or after considering the record and

report of a Master
appointed under Subsection (8)(iii) of this

Section
, the Commission finds
the person engaged in wilful or

persistent conduct that is clearly inconsistent with the proper

performance of a judge's duties or other
good cause therefor,
the

Commission:

(i)
[
it
] shall issue
for the person
an order of

public admonition, warning, reprimand, censure, or requirement

that the person holding an office or position specified in

Subsection (6) of this Section obtain additional training or

education
;
[
,
] or

(ii) may
[
it shall
] recommend to a review

tribunal the removal or retirement[
, as the case may be,
] of the

person and shall [
thereupon
] file with the tribunal the entire

record before the Commission.

(9) A tribunal to review the Commission's

recommendation for the removal or retirement of a person holding an

office or position specified in Subsection (6) of this Section is

composed of seven [
(7)
] Justices [
or Judges
] of the Courts of

Appeals who are selected [
by lot
] by the Chief Justice of the

Supreme Court. [
Each Court of Appeals shall designate one of its

members for inclusion in the list from which the selection is made.
]

Service on the tribunal shall be considered part of the official

duties of a
justice
[
judge
], and no additional compensation may be

paid for such service. The review tribunal shall review the record

of the proceedings on the law and facts and in its discretion may,

for good cause shown, permit the introduction of additional

evidence. Within 90 days after the date on which the record is

filed with the review tribunal, it shall order public censure,

suspension without pay for a specified period,
retirement or

removal, as it finds just and proper, or wholly reject the

recommendation. A Justice, Judge, Master, or Magistrate may appeal

a decision of the review tribunal to the Supreme Court under the

substantial evidence rule. Upon an order for involuntary

retirement for disability or an order for removal, the office in

question shall become vacant. The review tribunal, in an order for

involuntary retirement for disability or an order for removal,

shall
[
may
] prohibit such person from holding judicial office in

the future. The rights of
a person
[
an incumbent
] so retired to

retirement benefits shall be the same as if
the person's
[
his
]

retirement had been voluntary.

SECTION 2. Section 1-a(6)(A), Article V, Texas

Constitution, is amended to read as follows:

(6) A. Any Justice or Judge of the courts established

by this Constitution or created by the Legislature as provided in

Section 1, Article V, of this Constitution, may, subject to the

other provisions hereof, be removed from office for willful or

persistent violation of rules promulgated by the Supreme Court of

Texas, incompetence in performing the duties of the office, willful

violation of the Code of Judicial Conduct, or willful or persistent

conduct that is clearly inconsistent with the proper performance of

the person's
[
his
] duties or casts public discredit upon the

judiciary or administration of justice. Any person holding such

office may be disciplined or censured, in lieu of removal from

office, as provided by this section. Any person holding an office

specified in this subsection may be suspended from office with or

without pay by the Commission immediately on being indicted by a

State or Federal grand jury for a felony offense or charged with a

misdemeanor involving official misconduct. On the filing of a

sworn complaint charging a person holding such office with willful

or persistent violation of rules promulgated by the Supreme Court

of Texas, incompetence in performing the duties of the office,

willful violation of the Code of Judicial Conduct, or willful and

persistent conduct that is clearly inconsistent with the proper

performance of
the person's
[
his
] duties or casts public discredit

on the judiciary or on the administration of justice, the

Commission, after giving the person notice and an opportunity to

appear and be heard before the Commission, may recommend to the

Supreme Court the suspension of such person from office
with or

without pay, pending final disposition of the charge
. The Supreme

Court, after considering [
the record of such appearance and
] the

recommendation of the Commission, may suspend the person from

office with or without pay, pending final disposition of the

charge.

SECTION 3. The following temporary provision is added to

the Texas Constitution:

TEMPORARY PROVISION.

(a)

This temporary provision applies

to the constitutional amendment proposed by the 89th Legislature,

Regular Session, 2025, regarding the membership of the State

Commission on Judicial Conduct, the membership of the tribunal to

review the commission's recommendations, and the authority of the

commission, the tribunal, and the Texas Supreme Court to more

effectively sanction judges and justices for judicial misconduct.

The constitutional amendment takes effect January 1, 2026.

(b)

Notwithstanding any other law, the terms of the

commissioners of the State Commission on Judicial Conduct serving

before January 1, 2026, expire July 1, 2026.

(c)

Notwithstanding any other law, the Texas Supreme Court,

with the advice and consent of the Senate, shall appoint additional

commissioners to the State Commission on Judicial Conduct to serve

staggered terms beginning January 1, 2026, as follows:

(1) two commissioners to serve six-year terms;

(2) two commissioners to serve four-year terms; and

(3) two commissioners to serve two-year terms.

(d)

Notwithstanding any other law, the governor shall

appoint additional commissioners to the State Commission on

Judicial Conduct to serve staggered terms beginning January 1,

2026, as follows:

(1) three commissioners to serve six-year terms;

(2) two commissioners to serve four-year terms; and

(3) two commissioners to serve two-year terms.

(e)

Notwithstanding any other law and except as otherwise

provided by this subsection, a complaint submitted to the State

Commission on Judicial Conduct before January 1, 2026, shall be

reviewed by the commissioners of the State Commission on Judicial

Conduct appointed before January 1, 2026, unless the complaint has

not been resolved by July 1, 2026, in which event the complaint

shall be reviewed by the commissioners appointed on or after that

date.

(f)

Notwithstanding any other law, a complaint submitted to

the State Commission on Judicial Conduct on or after January 1,

2026, shall be reviewed by the commissioners of the State

Commission on Judicial Conduct appointed on or after that date.

(g) This temporary provision expires January 1, 2031.

SECTION 4. This proposed constitutional amendment shall be

submitted to the voters at an election to be held November 4, 2025.

The ballot shall be printed to provide for voting for or against the

proposition: "The constitutional amendment regarding the

membership of the State Commission on Judicial Conduct, the

membership of the tribunal to review the commission's

recommendations, and the authority of the commission, the tribunal,

and the Texas Supreme Court to more effectively sanction judges and

justices for judicial misconduct."

______________________________

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.J.R. No. 27 was adopted by the Senate

on April 14, 2025, by the following vote: Yeas 27, Nays 4; and

that the Senate concurred in House amendments on May 30, 2025, by

the following vote: Yeas 27, Nays 4.

______________________________

Secretary of the Senate

I hereby certify that S.J.R. No. 27 was adopted by the House,

with amendments, on May 26, 2025, by the following vote: Yeas 119,

Nays 17, four present not voting.

______________________________

Chief Clerk of the House

Received:

______________________________

Date

______________________________

Secretary of State