HBA-EDN S.B. 1210 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1210 By: West, Royce Judicial Affairs 4/27/2001 Engrossed 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. Senate Bill 1210 prohibits an attorney or law clerk who is employed by the court from negotiating for or accepting jobs with law firms or other private entities except as prescribed by the supreme court and requires an attorney or law clerk to be recused from any matter before the court that involves a firm or entity 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 rulemaking authority is expressly delegated to the Supreme Court of Texas in SECTION 3 of this bill. ANALYSIS Senate Bill 1210 amends the Government Code to prohibit an attorney or law clerk, during the actual term of employment with the court, from: _negotiating for or accepting employment with a law firm or another private entity except as prescribed by the Supreme Court of Texas; or _accepting a benefit from a law firm or another private entity in connection with anticipated employment by the firm or entity if the law clerk or attorney knows or should know that the benefit is offered, conferred, or agreed to be conferred to influence or attempt to influence the law clerk or attorney in the performance of the law clerk's or attorney's duty as an employee of the court. These provisions do not prohibit the employment of an attorney or law clerk by a court, solely because, before actual 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 such a benefit from a law firm or another entity in connection with anticipated employment. 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 provides that such a statement is a public record. 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 the employment with the court and prohibits the attorney or law clerk after the termination of employment with the court from participating on behalf of the law firm or private entity in any matter that was pending before the court during the period the attorney or law clerk was employed by the court. The bill 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 of Texas. S.B. 1210 amends the Penal Code to specify that provisions regarding a gift offering to a public servant do not apply to a benefit under these provisions if the attorney or law clerk accepting the benefit complies with these provisions. S.B. 1210 requires the supreme court to adopt rules not later than the 90th day after the effective date of the Act as necessary to implement these provisions. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.