Texas Government Code

§ 33.023 — SUBSTANCE ABUSE; PHYSICAL OR MENTAL INCAPACITY OF JUDGE; SUSPENSION

GV § 33.023Title 2. JUDICIAL BRANCH · Part B. JUDGES · Ch. 33. STATE COMMISSION ON JUDICIAL CONDUCT · Art. B. POWERS AND DUTIES

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(a)For each filed complaint alleging substance abuse by, or the physical or mental incapacity of, a judge and questioning the judge's ability to perform the judge's official duties, the commission shall conduct a preliminary investigation of the complaint and present the results of the preliminary investigation to each member of the commission not later than the 30th day after the date the complaint is filed.

(b)If, after reviewing the results of the preliminary investigation, the commission determines the judge's alleged substance abuse or physical or mental incapacity brings into question the judge's ability to perform the judge's official duties, the commission shall provide the judge written notice of the complaint and subpoena the judge to appear before the commission at the commission's next regularly scheduled meeting.

(c)If, following the judge's appearance before the commission at the next regularly scheduled meeting, the commission decides to require the judge to submit to a physical or mental examination, the commission shall:

(1)suspend the judge from office with pay for a period not to exceed 90 days;

(2)provide the judge written notice of the suspension;

(3)order the judge to submit to a physical or mental examination by one or more qualified physicians or a mental examination by one or more qualified psychologists selected and paid for by the commission; and

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Legislative history

Acts 2025, 89th Leg., R.S., Ch. 1130 (S.B. 293), Sec. 10, eff. September 1, 2025.