Tex. Disciplinary R. Judges & Jud. Candidates 6

(a) Applicability. A judge or judicial candidate who has been sanctioned or

censured under Rules 4 or 5 in a final order by the Commission may request

review of the order by a Special Court of Review. This rule does not apply to a

decision by the Commission to initiate formal proceedings, recommend

suspension, recommend removal, recommend retirement, or re commend

prohibiting future service as a judge.

(b) Request. The request for appointment of a Special Court of Review must be

filed with the Clerk of the Supreme Court within 30 days after the Commission

issues the order.

(c) Appointment. Within 10 days after the request is filed, the Chief Justice will

select the Special Court of Review. The Special Court of Review is composed of

3 Court of Appeals justices. It must not include a justice from the Court of

Appeals district of the requesting judge or judicial candidate or a judge

appointed to the Commission. The Chief Justice will notify the judge or judicial

candidate and the Commission of the names of the justices appointed to the

Special Court of Review and the date of their appointment.

(d) Charging Document; Record. Within 15 days after the appointment of the

Special Court of Review, the Commission must file with the clerk designated

to serve the Special Court of Review a charging document that includes a copy

of the final Commission order and any additional charges t o be considered by

the Special Court of Review. The Commission must also file any records that

it considered in making its decision to sanction or censure the judge or judicial

candidate.

(e) Clerk Duties. The clerk must send the charging document to the judge or

judicial candidate and to each member of the Special Court of Review.

(f) Hearing.

(1) Hearing Required. The Special Court of Review must conduct a hearing

on the charging document at a time and place set by the Special Court

of Review. A record of the hearing must be made by a court reporter or

court recorder.

(2) Deadline. Except as provided in paragraph (3), the hearing must be

conducted within 30 days after the charging document is filed.

(3) Continuance. For good cause shown, the Special Court of Review may

grant one or more continuances. However, the continuance or

continuances granted must not exceed 60 days cumulatively.

(g) Standard of Review.

(1) Review of an Order Imposed Without a Formal Proceeding. In reviewing

a final order imposed under Rule 4 without a formal proceeding, the

Special Court of Review must conduct a trial de novo as that term is

used in the appeal of cases from justice to county court. The hearing

under paragraph (f) is governed by the rules of law, evidence, and

procedure that apply to civil actions, but the judge or judicial candidate

is not entitled to trial by jury. The Special Court of Review must expedite

discovery on request. The judge or judicial candidate must not request

discovery of:

(A) the discussions, thought processes, or individual votes of

Commission members; or

(B) the discussions or thought processes of employees of the

Commission, including special counsel for the Commission.

(2) Review of an Order Imposed After Formal Proceeding. In reviewing a

final order imposed under Rule 5 after a formal proceeding, the review

by the Special Court of Review is a de novo review of the record of the

proceedings that resulted in the sanction or censure. The Special Court

of Review must base its review on the law and facts presented in the

formal proceeding and any additional evidence that the court may

permit for good cause shown.

(h) Decision. Within 60 days after the hearing, the Special Court of Review must

decide to:

(1) dismiss the complaint;

(2) affirm the Commission’s decision;

(3) impose a lesser or greater sanction or censure; or

(4) order to the Commission to file a formal proceeding.

(i) Decision Not Appealable. The Special Court of Review’s decision is not

appealable.

(j) Opinion. The Special Court of Review must hand down a written opinion that

addresses every issue raised necessary to final disposition of the appeal. Any

member of the Special Court of Review may file an opinion dissenting from or

concurring in the Special Court of Review’s decision.

(k) Public Information. A document filed with the Special Court of Review, the

hearing by the Special Court of Review, and any evidence introduced at the

hearing is public information.