Sec. 33.035. RECONSIDERATION OF COMPLAINT. (a) A complainant may request reconsideration of a dismissed complaint if, not later than the 30th day after the date of the communication informing the complainant of the dismissal, the complainant provides additional evidence of misconduct committed by the judge.
(b) The commission shall deny a request for reconsideration if the complainant does not meet the requirements under Subsection (a). The commission shall notify the complainant of the denial in writing.
(c) The commission shall grant a request for reconsideration if the complainant meets the requirements under Subsection (a). After granting a request, the commission shall vote to:
(1) affirm the original decision to dismiss the complaint; or
(2) reopen the complaint.
(d) The commission shall notify the complainant of the results of the commission's vote under Subsection (c) in writing.
(e) The commission shall conduct an appropriate investigation of a complaint reopened under Subsection (c)(2). The investigation shall be conducted by commission staff who were not involved in the original investigation.
(f) A complainant may request reconsideration of a dismissed complaint under this section only once.
Added by Acts 2001, 77th Leg., ch. 917, Sec. 18, 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