Sec. 33.0212. REPORT AND RECOMMENDATIONS ON FILED COMPLAINTS. (a) Not later than the 120th day after the date a complaint is filed with the commission, commission staff shall prepare and file with each member of the commission a report detailing the investigation of the complaint and recommendations for commission action regarding the complaint.
(b) Not later than the 90th day following the date commission staff files with the commission the report required by Subsection (a), the commission shall 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.
(c) If, because of extenuating circumstances, commission staff is unable to provide an investigation report and recommendation to the commission before the 120th day following the date the complaint was filed with the commission, the staff shall notify the commission and propose the number of days required for the commission and commission staff to complete the investigation report and recommendations and finalize the complaint. The staff may request an extension of not more than 270 days from the date the complaint was filed with the commission. The commission shall finalize the complaint not later than the 270th day following the date the complaint was filed with the commission.
(d) The executive director may request that the chairperson grant an additional 120 days to the time provided under Subsection (c) for the commission and commission staff to complete the investigation report and recommendations and finalize the complaint.
(e) If the chairperson grants additional time under Subsection (d), the commission must timely inform the legislature of the extension. The commission may not disclose to the legislature 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.
Structure Texas Statutes
Chapter 33 - State Commission on Judicial Conduct
Subchapter B. Powers and Duties
Section 33.021. General Powers of Commission
Section 33.0212. Report and Recommendations on Filed Complaints
Section 33.0213. Notification of Law Enforcement Agency Investigation
Section 33.022. Investigations and Formal Proceedings
Section 33.023. Physical or Mental Incapacity of Judge
Section 33.024. Oaths and Subpoenas
Section 33.025. Enforcement of Subpoena
Section 33.026. Witness Immunity
Section 33.028. Process and Orders
Section 33.029. Witnesses' Expenses
Section 33.030. Assistance to Commission, Special Master, or Special Court of Review
Section 33.031. No Award of Costs
Section 33.032. Confidentiality of Papers, Records, and Proceedings
Section 33.0321. Confidentiality of Complainant's Identity
Section 33.0322. Confidential Information Provided to Sunset Advisory Commission
Section 33.033. Notification to Complainant
Section 33.034. Review of Commission Decision
Section 33.035. Reconsideration of Complaint
Section 33.036. Certain Disclosure of Information
Section 33.037. Suspension Pending Appeal
Section 33.038. Automatic Removal
Section 33.039. Review of Commission Operations and Procedural Rules