Decisions by Commission, Special Court of Review, Review

Tribunal, and Supreme Court (a) By Commission. (1) Quorum and Recusal. Seven Commission members constitute a quorum. The Commission must not act without a quorum. A party may seek to recuse a Commission member on grounds set forth in Texas Rule of Civil Procedure 18b. The motion must be decided by the remaining members of the Commission. (2) Votes Needed Generally. Except as provided in paragraph (3), Commission decisions, in a proceeding must be made by a majority of the Commission members who have convened in a quorum. (3) Votes Needed for Certain Actions. The vote of at least seven Commission members is needed to: (A) publicly censure a judge or judicial candidate under Rule 5; (B) suspend a judge to conduct—or based on the results of—the judge’s medical examination under Rule 5(e); Page 26 (C) (D) (E) suspend a judge based on the judge’s indictment or charge with a felony or an official-misconduct misdemeanor under Rule 10; recommend suspension of a judge, with or without pay, to the Supreme Court under Rule 7; or recommend the removal or retirement of a judge or to prohibit future service as a judge to a Review Tribunal under Rule 8. (b) By Special Court of Review, Review Tribunal, or Supreme Court. A majority of a Special Court of Review, a Review Tribunal, or the Supreme Court, which constitutes a quorum, must agree on a decision.