HBA-EDN H.B. 2889 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2889
By: Dunnam
Judicial Affairs
3/20/2001
Introduced


BACKGROUND AND PURPOSE 

There is a perceived ethical dilemma concerning law clerks receiving
signing bonuses from a prospective employer before the clerkship is
completed.  Currently, each Texas Supreme Court justice sets the policy of
signing bonuses within the office, and it is often difficult to know which
clerk with a particular justice might be signing on with a law firm that
has a case before the court.  House Bill 2889 establishes restrictions for
when an attorney or law clerk who is employed by the court can negotiate
for or accept jobs with law firms or other private entities and requires a
law clerk to be recused from any matter before the court that involves a
firm with which they have entered into an agreement for employment or
accepted a benefit.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2889 amends the Government Code to prohibit an attorney or law
clerk, during the term of employment with the court, from: 

_negotiating for or accepting employment with a law firm or another private
entity; or 

_accepting a benefit from a law firm or another private entity in
connection with anticipated employment by the entity if offering,
conferring, or agreeing to confer the benefit, or soliciting, accepting, or
agreeing to accept the benefit. 

These provisions do not prohibit the employment of an attorney or law clerk
by a court, solely because, before employment with the court begins, the
attorney or law clerk accepts such an offer of employment that begins after
the date their  employment with the court terminates or accepts a benefit
from a law firm or another entity in connection with anticipated
employment, but that does not violate laws regarding bribery or corrupt
influence.  The bill authorizes an attorney or law clerk to negotiate for
or accept employment with a law firm or another private entity after the
91st day before the date the attorney or law clerk's term of employment
with the court is to end.  The bill requires an attorney or law clerk who
has entered into an agreement for employment or accepted a benefit to file
a statement of disclosure with the court and requires such a statement to
be made available to any person on request.  The bill prohibits an attorney
or law clerk who has entered into an agreement or accepted a benefit
described above from participating in any matter before the court that
involves the law firm or private entity during or after the termination of
employment with the court and provides that a recusal from participation
must be made by public order of the court.  The bill provides that an
attorney who violates these provisions is subject to sanctions by the state
bar.    

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.