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.