Texas Outlaws: Sen. Judith Zaffirini’s Judicial Review Bill HB 344 is Unspectacular

Zaffirini-sponsored bill on judicial reviews takes effect

SEP 1, 2022 | REPUBLISHED BY LIT: JAN 23, 2023

On Thursday, Sept. 1, a new law is taking effect that will try to make sure all judges in the state are being transparent and effective, or else they will face consequences if they do not use their authority in a prudent manner.

Texas State Sen. Judith Zaffirini sponsored the bill that began in the Texas House of Representatives but has been a policy she had been fighting for the past three legislative sessions, as she wants to make sure judges are doing their jobs effectively and not abusing or using their position at the bench for personal gain.

The Texas Legislature passed HB 4344 in 2021, and it becomes effective as law on Sept. 1, 2022.

“Texans can rest assured that we are making progress in ensuring that those who make life-altering decisions for thousands of litigants and lawyers in the courtroom adhere to the highest standards of excellence,”

Zaffirini said.

“Whether in civil courts — where judges’ decisions can be of monumental emotional and financial significance — or in criminal courts — where these decisions can determine public safety — judges must be ethical, honest and impartial for the good of all Texans.”

SOUNDS FAMILIAR: Six Plus Years Later, This Texas Judge’s Texting Scandal Did Nothing to Halt Her Career on the Bench. A Second Judge Was Politically Slapped into Resigning. https://t.co/g5YjcGSQk4 pic.twitter.com/NSQYFVgcUV

— lawsinusa (@lawsinusa) January 21, 2023

Zaffirini said the new policy is not to target or put all judges under the microscope but rather to find out who are those abusing their duties in efforts for them to be taken out if they are not serving justice.

“Texas is blessed with great judges who are fair and honest and who excel in ensuring access to justice for all,”

Zaffirini said.

“Unfortunately, as in every arena, some members of the judiciary reflect poorly on the whole by violating their canon of ethics and should be reprimanded, rehabilitated or removed.”

The state senator said the goal of the new law is to improve transparency, accountability and efficiency in the State Commission on Judicial Conduct (SCJC), which investigates allegations of judicial misconduct.

The commission’s charge is to hold judges to high standards, promote public confidence in the judiciary and protect the public from miscarriages of justice.

Zaffirini states that she sponsored the bill after she heard many complaints of little being done when it comes to these judicial members being reprimanded for their actions.

“After filing related legislation, I sponsored this bill in the Senate because many complainants and the Texas Sunset Commission consider it not only opaque, bureaucratic, slow, unresponsive and inefficient, but also seemingly more interested in protecting judges than the public,” Zaffirini said.

“I hoped to address those shortcomings in this bill. The sensitive nature of the judicial commission’s work and its confidentiality standards do not excuse it from accountability and transparency. Accordingly, we passed legislation to provide guidelines and deadlines for SCJC’s handling of judicial complaints.”

The state senator asserts that the idea behind this bill came from her work on pushing for judicial reform and access to justice, as she states that they are cornerstones of her legislative agenda that prioritizes equality, fairness, transparency and efficient and effective government.

Aided and Abetted by Judge Ravi Sandill in Harris County District Court, and all the while #txlege do NOTHING about these fraudulent conveyances despite LIT providing more than ample evidence of title deed fraud. https://t.co/l6BZCtzMVh
Shame on Y’all TX Congress. pic.twitter.com/qtprEpRAII

— lawsinusa (@lawsinusa) January 20, 2023

As a member of the Texas Judicial Council, Zaffirini collaborated with judges, attorneys and advocates who recognized the need for SCJC reform.

Having attempted to pass such legislation in 2017 and 2019, she welcomed the opportunity to sponsor the House bill in 2021 and to add a strengthening committee substitute in the Senate.

By adopting this strategy, the state senator said that she and those who supported her cause succeeded on the third attempt.

“Increasing SCJC’s transparency and effectiveness is important for all who cherish democracy and civil liberties, regardless of party affiliation,”

the Zaffirini said.

“Government policies ensure our government can be trusted, funding is used wisely and our leaders are held accountable.”

One way the state can measure the SCJC’s performance is by conducting performance review surveys. In 2017, when asked about the commission’s effectiveness and transparency, approximately 80% of judges polled said the process worked well. By comparison, eight of 10 complainants surveyed expressed dissatisfaction with the body’s workings and decisions.

“Such findings are consistent with my criticism of the commission’s interest in protecting judges rather than the public,” Zaffirini said. “If HB 4344 is implemented successfully and its impact measured adequately, the next survey should reflect more favorable opinions.”

She states that examples of bad judicial practices are evident all throughout the state, including locally, as well.

Zaffirini recalls a time in 2013 when “several Laredo lawyers alerted her to corruption and cronyism in a local court.” Some addressed the problem by filing complaints, while she concentrated on passing a package of bills that, like HB 4344, strengthen the integrity of the judiciary by enhancing accountability and transparency.

Some other examples she cites as reasons for this new law are those of judicial misconduct include using the prestige of judicial office to advance private interests, endorsing political candidates, making public comment regarding a pending case and behaving inappropriately outside the court, such as by engaging in sexual harassment, bribery or theft.

As a Democrat, she said it can be hard to get policies like these passed, as the governorship and both houses of the legislature are under Republican control. Nevertheless, she said transparency and effectiveness are major grounds where both sides can agree upon.

“It is challenging but doable to pass legislation as a Democrat in a Republican-dominated Texas Legislature,”
Zaffirini said.

“By focusing on legislation that serves the public good and employing bipartisanship, I have been the highest bill-passer for four consecutive sessions and have passed more bills than any other legislator in the history of the State of Texas.

This success reflects effective cross-party collaboration.

It’s impossible to pass a bill without Republican support, so prioritizing bipartisanship, compromise and persistence are keys to success.”

What is notable about the donation by Serpe Andrews is this was the only Judge in Harris County District Court who would benefit from a sizeable donation in 2022 for a total sum of $2,500 to Judge Lauren Reeder doc’d as “In-Kind Contribution: Food Beverages & Valet for Reception” https://t.co/H4vNrkVMqb

— lawsinusa (@lawsinusa) January 9, 2023