to publicly sanction, publicly censure, suspend, remove, or

Disciplinary Rules for Judges and Judicial Candidates

Rule: 5

Jurisdiction: TX

Bluebook Citation: Tex. R. Disc. Judges 5

retire the judge or prohibit future service as a judge; or (C) suspend the judge, if the complaint involves a felony or official- misconduct misdemeanor; or (8) if the subject of the investigation is a judicial candidate and upon a finding of good cause, initiate formal proceedings under Rule 5 to publicly sanction or publicly censure the judicial candidate. (h) Notice of Commission Decision. (1) To Judge or Judicial Candidate. The Commission must notify the judge or judicial candidate in writing of: (A) a dismissal under paragraph (b)(1)(C) or (b)(2)(C) within 5 business days of the dismissal; Page 10 (B) (C) (D) (E) dismissal before full investigation under paragraph (e) within 5 business days after the Commission meeting where the Commission dismisses the complaint; dismissal after full investigation under paragraph (g)(1) within 5 business days after the Commission meeting where the Commission dismisses the complaint; initiation of a formal proceeding under paragraph (g)(7)(B) or (g)(8) within 5 business days after the Commission meeting where the Commission initiates formal proceedings; or any other action after full investigation under (g) within 7 business days after the Commission meeting where the Commission determines to take the action. (2) To Public. As appropriate, the Commission must publish notice of the Commission’s action on the internet. If the Commission plans to publish under this paragraph, the Commission must notify the judge or judicial candidate in the notice provided under paragraph (1). The judge or judicial candidate may object in writing. The Commission must wait at least 5 business days after the notice provided under paragraph (1) to publish. (i) (j) Extension for Extenuating Circumstances. If extenuating circumstances cause the Commission to fail to timely issue a report and determine the action to be taken regarding the complaint, the Commission may order an extension. The extension must not exceed 240 days from the date of the first Commission meeting at which the complaint was included in the staff report. Additional Extension for Multiple Misconduct Complaints. If a complaint against a judge or judicial candidate alleges multiple instances of misconduct or the Commission determines multiple misconduct complaints have been submitted against the judge or judicial candidate, the Commission may order an additional extension. The additional extension must not exceed 90 days after the date on which the extension under paragraph (i) expires.

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