By Rosson                                             S.C.R. No. 86
       74R3185 JDB-D
                                 CONCURRENT RESOLUTION
    1-1        WHEREAS, Discriminatory and disparate treatment of men and
    1-2  women by the legal system and in the judicial process affects
    1-3  litigants, witnesses, and legal personnel and undermines public
    1-4  confidence in our society's commitment to the principle of equal
    1-5  justice; and
    1-6        WHEREAS, The Supreme Court of Texas established a task force
    1-7  to study gender bias in the Texas legal system, to determine the
    1-8  nature and extent of such bias, and to propose measures for its
    1-9  reduction and ultimate elimination; and
   1-10        WHEREAS, The task force determined through surveys of
   1-11  attorneys, judges, and members of the State Bar of Texas that
   1-12  disparate treatment of men and women exists in the legal community
   1-13  and judicial system of Texas; and
   1-14        WHEREAS, Gender bias in the legal system includes conduct
   1-15  ranging from the subtle to the egregious and is reflected in the
   1-16  way the system deals with such subjects as employment
   1-17  discrimination, sexual harassment, domestic violence, and sexual
   1-18  assault; and
   1-19        WHEREAS, The legal community should adhere to the highest
   1-20  standards of professional conduct in all respects and should serve
   1-21  as a model for all of society in aggressively seeking to eradicate
   1-22  gender-based stereotypes and prejudices; and
   1-23        WHEREAS, The gender bias task force has adopted a variety of
   1-24  recommendations designed to heighten the sensitivity of the legal
    2-1  community and Texas judicial system to issues of gender bias; now,
    2-2  therefore, be it
    2-3        RESOLVED, That the 74th Legislature of the State of Texas
    2-4  hereby request the Supreme Court of Texas to promulgate an
    2-5  amendment to Rule 8.04 of the Disciplinary Rules of Professional
    2-6  Conduct to prohibit sex discrimination by a lawyer in the lawyer's
    2-7  professional or employment practices; and, be it further
    2-8        RESOLVED, That the legislature hereby request the State Bar
    2-9  of Texas to formulate and submit for membership approval a
   2-10  requirement that all active members of the bar complete a minimum
   2-11  number of hours of continuing legal education concerning the
   2-12  existence and consequences of gender bias; and, be it further
   2-13        RESOLVED, That the legislature hereby request the State Bar
   2-14  of Texas to offer educational programs to familiarize attorneys
   2-15  with the characteristics and dynamics of domestic violence and the
   2-16  usefulness of expert testimony in domestic violence and sexual
   2-17  harassment cases; and, be it further
   2-18        RESOLVED, That the legislature hereby request the State Bar
   2-19  of Texas to offer educational programs to familiarize prosecuting
   2-20  attorneys with the possible impact of gender bias in sexual assault
   2-21  cases; and, be it further
   2-22        RESOLVED, That the secretary of state forward official copies
   2-23  of this resolution to the chief justice of the supreme court and
   2-24  the president and executive director of the State Bar of Texas.