Texas. State Commission on Judicial Conduct

The Texas Judicial Qualifications Commission was created by Constitutional amendment in 1965 (Texas Constitution, Article V, Section 1-a). Following the example of California, Texas was only the second state in the United States to create such an essentially investigatory body; now every state of the Union has a judicial disciplinary agency. The original commission was composed of nine members: two appeals judges and two district judges (named by the Texas Supreme Court), two members of the State Bar (named by the State Bar), and three citizen members (named by the Governor). In 1977, the name was changed to the Commission on Judicial Conduct, which was now enlarged to 11 members: five judges (one appellate judge, one district judge, one county court-at-law judge, one justice of the peace, and one municipal court judge), all named by the Supreme Court; two lawyers (who must each have ten consecutive years of practice in Texas) named by the State Bar; and four public members (who must be at least 30 years old and not licensed to practice law) named by the Governor. Each appointment is subject to the advice and consent of the State Senate. Members serve 6-year terms. The members elect their own chair.

Jurisdiction of the original Commission included Supreme Court justices, state appellate judges, and district judges. In 1970, the jurisdiction of the commission was broadened to include all judicial officers of the state: justices of the Supreme Court, appellate judges, district judges, county judges, justices of the peace, municipal judges, judges of courts of domestic relations, juvenile court judges, probate judges, masters, magistrates, and retired or former judges assigned as visiting judges (a number totaling 3,000 in 1993).

The commission opens an investigation when a complaint is received, but may also initiate investigations following news reports of possible misconduct. Such proceedings are confidential until a formal hearing is convened, unless the judge being investigated asks that they be open, or unless the commission issues a public requirement for further training or education. The public hearing may be before the commission or before a special master chosen by the commission.

The commission may do any of the following: dismiss the complaint; order a public or private admonition, warning, or reprimand; require a judge to obtain additional training or education, or to undergo a physical or psychiatric exam; suspend, with or without pay, a judge charged with a felony or misdemeanor involving misconduct in office; seek removal or censure through formal proceedings (amounting to a public trial).

A sanction issued by the commission on a complaint received after October 20, 1987 may be appealed to a special court of review, composed of three justices from courts of appeal, selected by lot by the Chief Justice of the Supreme Court (House Bill 142, 70th Legislature, 2nd Called Session, 1987). In the case of a recommendation for removal or formal censure, the matter goes to the chief justice of the Supreme Court, who chooses a tribunal of seven judges by lot from the courts of appeals; appeal of this decision is to the Texas Supreme Court. (In the first ten years of the commission's existence, it issued only one recommendation for removal, which was then rejected by the Supreme Court, who instead censured the judge.) This procedure represents an alternative to other methods of removal, such as impeachment, which still remain available options.

Improper conduct is defined as, but is not limited to, failure to execute business in a timely manner, willful violation of the Penal Code or the Code of Judicial Conduct, or of Supreme Court rules, and incompetence.

The commission cannot do any of the following: change any court decision; act as an appellate review board; give legal advice; issue advisory opinions; or sanction any judge who acted in good faith (a determination subject to the judgment of the commission).

The commission reported an average increase of 9.5 percent per year in the number of complaints filed between 1983 and 1994.

The commission has been charged with enforcement, among other things, of the Texas Code of Judicial Conduct. Following both the letter and the spirit of this Code, there are three objectives, which the commission has set for itself: to preserve the integrity of all judges in the state; to ensure public confidence in the judiciary; and to encourage judges to maintain high standards of both professional and personal conduct.

The Commission on Judicial Conduct has no separate divisions, just an executive director, a general counsel, legal staff, and administrative staff, totaling 12.5 full-time equivalent employees in 1996.

From the guide to the Public records and sanctions, 1973, 1978-1988, (Repository Unknown)