Texas § GV.33.0212 - REPORT AND RECOMMENDATIONS ON FILED COMPLAINTS

§ GV.33.0212. REPORT AND RECOMMENDATIONS ON FILED COMPLAINTS

REPORT AND RECOMMENDATIONS ON FILED COMPLAINTS. (a) As soon as practicable after a complaint is filed with the commission, commission staff shall conduct a preliminary investigation of the filed complaint and draft recommendations for commission action. (a-1) If, after completing a preliminary investigation under Subsection (a), commission staff determines that given the content of a complaint a full investigation is necessary before the next commission meeting, commission staff may commence the investigation. Not less than seven business days after the date commission staff commences a full investigation under this subsection, the staff shall provide written notice of the full investigation to the judge who is the subject of the complaint. Notice provided under this subsection shall comply with the requirements of Section 33.022 (c)(1)(B). (a-2) Not later than the 10th day before a scheduled commission meeting, commission staff shall prepare and file with each member of the commission a report detailing: (1) each complaint for which a preliminary investigation has been conducted under Subsection (a) but for which the investigation report has not been finalized under Subsection (b); (2) the results of the preliminary investigation of the complaint, including whether commission staff commenced a full investigation under Subsection (a-1); and (3) the commission staff's recommendations for commission action regarding the complaint, including any recommendation for further investigation or termination of the investigation and dismissal of the complaint. (b) Not later than the 120th day following the date of the first commission meeting at which a complaint is included in the report filed with the commission under Subsection (a-2), the commission shall finalize the investigation report and determine any action to be taken regarding the complaint, including: (1) a public sanction; (2) a private sanction; (3) a suspension; (4) an order of education; (5) an acceptance of resignation in lieu of discipline; (6) a dismissal; or (7) an initiation of formal proceedings. (b-1) After the commission meeting at which an investigation report is finalized and an action is determined under Subsection (b), the commission shall provide to the judge who is the subject of a complaint: (1) written notice of the action to be taken regarding the complaint not more than: (A) five business days after the commission meeting if the commission determines no further action will be taken on the complaint; or (B) seven business days after the commission meeting if the commission determines to take any further action on the complaint, including by pursuing further investigation; and (2) as the commission determines appropriate, published notice of the action to be taken by posting the notice on the commission's Internet website not less than five business days after notice is provided under Subdivision (1). (c) If, because of extenuating circumstances, the commission is unable to finalize an investigation report and determine the action to be taken regarding a complaint under Subsection (b) before the 120th day following the date of the first commission meeting at which a complaint is included in the report filed with the commission under Subsection (a-2), the commission may order an extension of not more than 240 days from the date of the first commission meeting at which a complaint is included in the report filed with the commission under Subsection (a-2). (c-1) If a complaint against a judge alleges multiple instances of misconduct or the commission determines multiple complaints have been submitted against the judge, the commission may order an additional extension of not more than 90 days after the date the extension under Subsection (c) expires. (c-2) Each member of the commission shall certify an investigation report finalized in accordance with this section by signing the report. The signature required under this subsection may be electronic. (d) If the commission orders an extension of time under Subsection (c) or (c-1), the commission must timely inform the following of the extension: (1) the governor; (2) the lieutenant governor; (3) the speaker of the house of representatives; (4) the presiding officer of each legislative standing committee with primary jurisdiction over the judiciary; (5) the chief justice of the supreme court; (6) the Office of Court Administration of the Texas Judicial System; and (7) the presiding judge of the administrative judicial region in which is located the court the judge who is the subject of the complaint serves. (e) The commission may not disclose to a person informed under Subsection (d) any confidential information regarding the complaint. Added by Acts 2021, 87th Leg., R.S., Ch. 737 (H.B. 4344 ), Sec. 2, eff. September 1, 2022. Amended by: Acts 2025, 89th Leg., R.S., Ch. 1130 (S.B. 293 ), Sec. 7, eff. September 1, 2025.