Review of Recommendation for the Removal or Retirement of a

Judge or Prohibition of Future Judicial Service (a) Application. This rule applies when the Commission recommends, after a formal proceeding: (1) the removal or retirement of a judge; or (2) that a retired or former judge serving by assignment under Chapter 74 or 75 of the Government Code be prohibited from future service as a judge. (b) Appointment Request. If the Commission decides to recommend the removal or retirement of a judge or the prohibition of future judicial service, the Commission must promptly file with the Clerk of the Supreme Court a request for appointment of a Review Tribunal. Page 20 (c) Appointment. The Chief Justice will select the Review Tribunal and its chair. The Special Court of Review is composed of 7 Court of Appeals justices. The Clerk of the Supreme Court will notify the Review Tribunal, the Commission, and the judge of the member and chair appointments. No Commission member may serve on the Review Tribunal. (d) Initial Filings. After receiving notice of appointment, the Commission must promptly file with the Clerk of the Supreme Court: (1) a copy of its recommendation under paragraph (a), certified by the Chairperson or Secretary of the Commission; (2) the Commission’s findings and conclusions; (3) the transcript of any hearing conducted as part of a formal proceeding under Rule 5 and any testimony under oath, whether proffered at a formal or an informal proceeding; (4) any pleadings filed or evidence introduced as part of a formal proceeding under Rule 5; and (5) the special master report, if any, under Rule 5. (e) Petition to Reject and Brief. The judge may file a petition to reject the recommendation for removal or retirement. The petition must be filed with the Clerk of the Supreme Court within 30 days after the Commission’s initial filings in paragraph (d). The petition must be accompanied by a supporting brief. (f) Response Brief. Within 20 days after the filing of the petition and supporting brief, the Commission must file a response brief. (g) (h) (i) (j) Briefing Requirements. Texas Rule of Appellate Procedure 9 and 28 govern the form and contents of briefs to the extent practicable. Service Requirements. Texas Rule of Appellate Procedure 9 governs service requirements. Oral Argument. The Review Tribunal must set oral argument at least 30 days after the petition and brief are filed under paragraph (d). Texas Rule of Appellate Procedure 39 governs the oral argument. Standard for Removal or Retirement. A judge may be removed from office for willful or persistent violation of rules promulgated by the Supreme Court, incompetence in performing the duties of the office, willful violation of the Code of Judicial Conduct, or willful or persistent conduct clearly inconsistent with Page 21 the proper performance of the judge’s duties or that casts public discredit upon the judiciary or administration of justice. A judge may be removed or retired from office for mental or physical incapacity seriously interfering with the performance of the judge’s duties, which is or is likely to become permanent in nature. (k) Review Tribunal Decision. Within 90 days after the initial filings, the Review Tribunal must render a decision. In a retirement or removal order, the Review Tribunal may prohibit the judge from holding judicial office in the future. (l) Opinion. The Review Tribunal must hand down a written opinion that addresses every issue raised necessary to final disposition of the appeal. Any member of the Review Tribunal may file an opinion dissenting from or concurring in the Review Tribunal’s decision. (m) Motion for Rehearing. The Review Tribunal may direct that no motion for rehearing will be entertained, in which event its decision will be final on entry. If the Review Tribunal does not so direct, the judge may, within 15 days after the Review Tribunal’s decision, file with the Clerk of the Supreme Court a motion for leave to file a motion for rehearing and the motion for rehearing. (n) Public Information. A document filed with the Review Tribunal, the oral argument, any additional evidence introduced, and the Review Tribunal’s opinion are public information.