Definitions

(a) “Admonition” is a sanction more severe than an education order but less than a warning. (b) “Censure” is more severe than a sanction. It may be private or public. (c) “Chairperson” is the presiding officer of the Commission. (d) “Clerk” is the person who assists with filings before the Commission, a special master, or a Special Court of Review. (e) “Commission” is the State Commission on Judicial Conduct. (f) (g) (h) “Complainant” is a person who files a complaint against a judge or judicial candidate before the Commission. If the Commission itself files a complaint, the complainant is the Commission. “Education order” is a sanction requiring a judge or judicial candidate to complete additional education and may include the assignment of a mentor judge. It is the least severe sanction. “Examiner” means a person the Commission appoints to gather and present evidence before a special master, the Commission, a Special Court of Review, or a Review Tribunal. An examiner may include a Commission employee or special counsel. (i) “Formal hearing” is the evidentiary phase of a formal proceeding before the Commission or a special master. Page 1 (j) (k) “Formal proceeding” is a proceeding ordered by the Commission to determine whether a judge or judicial candidate should be subject to a public sanction, a public censure, suspension, removal, or retirement. “Judge” is a judge of an appellate court, district court, business court, constitutional county court, statutory county court, municipal court, justice court, or any other special court created by the Legislature; a retired or former judge serving by assignment under Chapter 74 or 75 of the Government Code; or a master or magistrate appointed to serve a trial court. (l) “Judicial candidate” is a person who seeks or has sought election as a judge. (m) “Official-misconduct misdemeanor” is a misdemeanor involving an act related to a judicial office, an act involving moral turpitude, or an intentional or knowing violation of a law while acting in an official capacity as a judge. (n) “Reprimand” is the most severe sanction. (o) (p) (q) “Review Tribunal” is a panel of seven Court of Appeals justices selected by the Chief Justice of the Supreme Court. The Review Tribunal determines whether to uphold the Commission’s recommendation for the removal or retirement of a judge. “Sanction” is an education order or an order providing for an admonition, a warning, or a reprimand. It may be private or public. “Special Court of Review” is a panel of three Court of Appeals justices selected by the Chief Justice of the Supreme Court to review a sanction or censure issued by the Commission. (r) “Special master” is a person appointed by the Supreme Court to conduct a formal proceeding. (s) “Staff” means Commission staff. (t) (u) “Warning” is a sanction more severe than an admonition but less severe than a reprimand. “Willful or persistent conduct clearly inconsistent with the proper performance of a judge’s duties” includes: (1) willful, persistent, and unjustifiable failure to timely execute the business of the court, considering the quantity and complexity of the business, including failure to meet deadlines, performance measures or standards, or clearance rate requirements set by statute, administrative rule, or binding court order; Page 2 (2) willful violation of a provision of the Texas penal statutes or the Code of Judicial Conduct; (3) persistent or willful violation of the rules promulgated by the Supreme Court; (4) incompetence in the performance of the duties of the office; (5) failure to cooperate with the Commission; (6) (7) (8) violation of a provision of a voluntary agreement to resign from judicial office in lieu of disciplinary action; persistent or willful violation of Article 17.15 of the Code of Criminal Procedure, involving bail; and persistent or willful violation of Section 22.302(a) of the Government Code, involving oral arguments.