Filing a Complaint

(a) Who May File. A person may file with the Commission a complaint against a judge or judicial candidate for misconduct, substance abuse, physical incapacity, mental incapacity, or a combination.

(b) Requirements. The complaint must be in writing and sworn under penalty of perjury in the form approved by the Commission.

(c) Confidentiality Request. The complainant may request that the Commission keep the complainant’s identity confidential. The Commission must grant the confidentiality request unless the complainant appears at an informal hearing under Rule 4 or a complaint advances to a formal proceeding under Rule 5, at which point the judge or judicial candidate is entitled to know the identity of the complainant. If the Commission is the complainant, it must not seek to keep its identity confidential. The Commission’s complaint form must warn the complainant of the potential for disclosure of the complainant’s identity.

(d) Deadline to File Misconduct Complaint. A complaint alleging misconduct must be filed with the Commission within 7 years after:

(1) the alleged misconduct occurred; or

(2) the complainant knew, or with the exercise of reasonable diligence should have known, of the alleged misconduct.

(e) Additional Documentation. A complainant may submit additional documentation to support the complaint. The documentation must be submitted within 45 days after filing the complaint.

(f) Fines and Other Sanctions for False Complaints. The Commission, special master, Special Court of Review, or Review Tribunal may fine and impose other sanctions against a complainant who knowingly files a false complaint against a judge or judicial candidate. The Commission’s complaint form must warn the complainant of the potential for fines and other sanctions for filing a false complaint. The Commission must publish notice of the fines and sanctions imposed for filing a false complaint on the Commission’s website.

(g) Commission-Initiated Complaint. Upon receiving a report of misconduct, substance abuse, physical incapacity, or mental incapacity that does not meet the requirements of a complaint, the Commission may file a complaint on its own initiative. A Commission-initiated complaint must be filed within 45 days of receiving the report. The Commission must comply with rules for other complaints, including investigatory deadlines and recordkeeping requirements.

(h) Commission Duties to Complainant. The Commission must:

(1) notify the complainant of the complaint’s disposition as provided in Section 33.033 of the Government Code; and

(2) until the complaint’s disposition, provide a status update to the complainant quarterly, unless the update would jeopardize an investigation.

(i) Reconsideration of Complaint.

(1) Request for Reconsideration. A complainant may request reconsideration of a dismissed complaint. The complainant may only make one such request. The complainant must submit the request within 30 days after receiving notice of dismissal under paragraph (h)(1) and must provide additional evidence of misconduct to support reconsideration of the complaint.

(2) Denied Request. The Commission must deny a request for reconsideration if the complainant does not meet the requirements in paragraph (1). A request for reconsideration is denied by operation of law if the Commission does not reopen the complaint within 60 days of the request.

(3) Granted Request. The Commission must grant a request for reconsideration if the complainant meets the requirements in paragraph (1). After granting the request, the Commission must either:

(A) affirm the original decision to dismiss the complaint; or

(B) reopen the complaint.

(4) Notice. The Commission must notify the complainant of the denial of the request under paragraph (2) or the Commission’s decision under paragraph (3).

(5) Reopened Complaint. If the Commission reopens the complaint, staff not involved in the original investigation must conduct the subsequent investigation as provided in these rules.