Sec. 33.032. CONFIDENTIALITY OF PAPERS, RECORDS, AND PROCEEDINGS. (a) Except as otherwise provided by this section and Section 33.034, the papers filed with and proceedings before the commission are confidential prior to the filing of formal charges.
(b) The formal hearing and any evidence introduced during the formal hearing, including papers, records, documents, and pleadings filed with the clerk, shall be public.
(c) On issuance of a public admonition, warning, reprimand, or public requirement that a person obtain additional training or education by the commission, the record of the informal appearance and the documents presented to the commission during the informal appearance that are not protected by attorney-client or work product privilege shall be public.
(d) The disciplinary record of a judge, including any private sanctions, is admissible in a subsequent proceeding before the commission, a special master, a special court of review, or a review tribunal.
(e) On the filing of a written request by a judge, the commission may release to the person designated in the request, including the judge, the number, nature, and disposition of a complaint filed against the judge with the commission, except that the commission may refuse to release the identity of a complainant.
(f) The commission may release to the Office of the Chief Disciplinary Counsel of the State Bar of Texas information indicating that an attorney, including a judge who is acting in the judge's capacity as an attorney, has violated the Texas Disciplinary Rules of Professional Conduct.
(g) If the commission issues an order suspending a judge who has been indicted for a criminal offense, the order, any withdrawal of the order, and all records and proceedings related to the suspension shall be public.
(h) A voluntary agreement to resign from judicial office in lieu of disciplinary action by the commission shall be public on the commission's acceptance of the agreement. The agreement and any agreed statement of facts relating to the agreement are admissible in a subsequent proceeding before the commission. An agreed statement of facts may be released to the public only if the judge violates a term of the agreement.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 486, Sec. 2, eff. Aug. 31, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 47, Sec. 1, eff. Oct. 20, 1987; Acts 1999, 76th Leg., ch. 462, Sec. 16, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 917, Sec. 14, eff. Sept. 1, 2001.
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