2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter B. Powers and Duties › Section 33.034. Review of Commission Decision

Sec. 33.034.  REVIEW OF COMMISSION DECISION.  (a)  A judge who receives from the commission a sanction or censure issued by the commission under Section 1-a(8), Article V, Texas Constitution, or any other type of sanction is entitled to a review of the commission's decision as provided by this section.  This section does not apply to a decision by the commission to institute formal proceedings.
(b)  Not later than the 30th day after the date on which the commission issues its decision, the judge must file with the chief justice of the supreme court a written request for appointment of a special court of review.
(c)  Not later than the 10th day after the chief justice receives the written request, the chief justice shall select by lot the court of review.  The court of review is composed of three court of appeals justices, other than a justice serving in a court of appeals district in which the judge petitioning for review of the commission's order serves and other than a justice serving on the commission.  The chief justice shall notify the petitioner and the commission of the identities of the justices appointed to the court and of the date of their appointment.  Service on the court shall be considered a part of the official duties of a justice, and no additional compensation may be paid for the service.
(d)  Within 15 days after the appointment of the court of review, the commission shall file with the clerk a charging document that includes, as applicable, a copy of the censure or sanction issued and any additional charges to be considered by the court of review.  The charging document is public on its filing with the clerk.  On receipt of the filing of the charging document, the clerk shall send the charging document to the judge who is the subject of the document and to each justice on the court of review.
(e)  The review by the court under this section:
(1)  of a sanction or censure issued in a formal proceeding is a review of the record of the proceedings that resulted in the sanction or censure and is based on the law and facts that were presented in the proceedings and any additional evidence that the court in its discretion may, for good cause shown, permit; and
(2)  of a sanction issued in an informal proceeding is by trial de novo as that term is used in the appeal of cases from justice to county court.
(e-1)  Any hearings of the court shall be public and shall be held at the location determined by the court.  Any evidence introduced during a hearing, including papers, records, documents, and pleadings filed with the clerk in the proceedings, is public.
(f)  Except as otherwise provided by this section, the procedure for the review of a sanction issued in an informal proceeding is governed to the extent practicable by the rules of law, evidence, and procedure that apply to the trial of civil actions generally.
(g)  A judge is not entitled to a trial by jury in a review under this section of a sanction issued in an informal proceeding.
(h)  Within 30 days after the date on which the charging document is filed with the clerk, the court shall conduct a hearing on the charging document.  The court may, if good cause is shown, grant one or more continuances not to exceed a total of 60 days.  Within 60 days after the hearing, the court shall issue a decision as to the proper disposition of the appeal.
(i)  The court's decision under this section is not appealable.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 47, Sec. 2, eff. Oct. 20, 1987.  Amended by Acts 1999, 76th Leg., ch. 462, Sec. 18, eff. June 18, 1999;  Acts 2001, 77th Leg., ch. 917, Sec. 17, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 805 (S.B. 1436), Sec. 2, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 513 (S.B. 209), Sec. 8, eff. November 5, 2013.