The availability of information and records maintained by the Commission is governed by Rule 12 of the Texas Rules of Judicial Administration, the Texas Constitution and the Texas Government Code. Generally, Commission records are confidential, with the following exceptions:
- Article 5, Section 1-a(10) of the Texas Constitution provides that "All papers filed with and proceedings before the Commission or a Master shall be confidential, unless otherwise provided by the law."
- The Constitution authorizes the Commission to issue private or public sanctions, or the Commission may file formal proceedings against a judge. In the event the Commission issues a public sanction, Section 33.032 of the Texas Government Code provides for the release of information previously confidential. Also, under this Section, suspension orders and proceedings related thereto, and voluntary agreements to resign in lieu of disciplinary proceedings upon their acceptance by the Commission, are available to the public.
- Section 33.032 also authorizes the release of papers filed in a formal proceeding to the public upon the filing of formal charges.
- Rule 12 of the Texas Rules of Judicial Administration provides for public access to certain records made or maintained by a judicial agency in its regular course of business but not pertaining to its adjudicative function.
As part of the judiciary and as an entity having its own constitutional and statutory provisions regarding confidentiality of papers, records, and proceedings, the Commission is not governed by the Texas Public Information Act, the Open Meetings Act, or the Texas Administrative Procedures Act. (Adopted and Promulgated Pursuant to Section 1-a(11), Article 5, Constitution of Texas)