Bill Text: TX SJR42 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Proposing a constitutional amendment relating to expanding the types of sanctions that may be assessed against a judge or justice following a formal proceeding instituted by the State Commission on Judicial Conduct.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Enrolled - Dead) 2013-05-30 - Filed with the Secretary of State [SJR42 Detail]
Download: Texas-2013-SJR42-Enrolled.html
S.J.R. No. 42 |
proposing a constitutional amendment relating to expanding the | ||
types of sanctions that may be assessed against a judge or justice | ||
following a formal proceeding instituted by the State Commission on | ||
Judicial Conduct. | ||
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subdivision (8), Section 1-a, Article V, Texas | ||
Constitution, is amended to read as follows: | ||
(8) After such investigation as it deems necessary, | ||
the Commission may in its discretion issue a private or public | ||
admonition, warning, reprimand, or requirement that the person | ||
obtain additional training or education, or 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 [ |
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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 [ |
||
The Master shall have all the power of a District Judge in the | ||
enforcement of orders pertaining to witnesses, evidence, and | ||
procedure. If, after formal hearing, or after considering the | ||
record and report of a Master, the Commission finds good cause | ||
therefor, it shall issue 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 it shall recommend to a | ||
review tribunal the removal or retirement, as the case may be, of | ||
the person [ |
||
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tribunal the entire record before the Commission. | ||
SECTION 2. The following temporary provision is added to | ||
the Texas Constitution: | ||
TEMPORARY PROVISION. (a) This temporary provision applies | ||
to the constitutional amendment proposed by the 83rd Legislature, | ||
Regular Session, 2013, relating to the sanctions that may be | ||
assessed against a judge or justice following a formal proceeding | ||
instituted by the State Commission on Judicial Conduct. | ||
(b) The amendment to Section 1-a(8), Article V, of this | ||
constitution takes effect January 1, 2014, and applies only to a | ||
formal proceeding instituted by the State Commission on Judicial | ||
Conduct on or after that date. | ||
(c) This temporary provision expires January 1, 2016. | ||
SECTION 3. This proposed constitutional amendment shall be | ||
submitted to the voters at an election to be held November 5, 2013. | ||
The ballot shall be printed to permit voting for or against the | ||
proposition: "The constitutional amendment relating to expanding | ||
the types of sanctions that may be assessed against a judge or | ||
justice following a formal proceeding instituted by the State | ||
Commission on Judicial Conduct." | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.J.R. No. 42 passed the Senate on | ||
April 23, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.J.R. No. 42 passed the House on | ||
May 16, 2013, by the following vote: Yeas 141, Nays 1, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |