SRC-BWC S.B. 1210 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1210
77R8753 DLF-DBy: West, Royce
Jurisprudence
3/22/2001
As Filed


DIGEST AND PURPOSE 

Current law does not address conflicts of interest regarding staff
attorneys and law clerks.  As proposed, S.B. 1210 prohibits a law clerk or
temporary attorney from negotiating for or accepting employment with a law
firm or other private entity during his or her clerkship until the last
three months of his or her clerkship.  It also prohibits a law clerk from
accepting a benefit from a law firm or other entity if it violates bribery
law.  S.B. 1210 also authorizes a potential clerk to negotiate for
employment with a firm or other private entity prior to acceptance of a
clerkship, and even to accept a benefit (i.e. bonus) prior to the
clerkship.  However, if prior acceptance of employment or benefit occurs,
the clerk must disclose that agreement or benefit to the clerk of court or
a public information officer designated by the court.  The information
disclosed will be a matter of public record. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 2D, Government Code, by adding Chapter 57, as
follows: 

CHAPTER 57.  STAFF ATTORNEYS AND LAW CLERKS; CONFLICT
OF INTEREST

Sec. 57.001 APPLICABILITY OF CHAPTER.  Provides that this chapter applies
only to an attorney or law clerk employed by a court of this state for a
specified and limited term. 

Sec. 57.002.  CERTAIN CONDUCT PROHIBITED.  Prohibits an attorney or law
clerk subject to this chapter from negotiating or accepting certain
employment or benefits, except as provided by Section 57.003 or 57.004. 

Sec. 57.003.  PRIOR OFFER OF EMPLOYMENT.  Provides that this chapter does
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 an offer of employment with a law firm or other private
entity that begins after the date the attorney's or law clerk's employment
with the court terminates, or accepts 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, does not violate Chapter 36
(Bribery and Corrupt Influence), Penal Code. 

Sec. 57.004.  PERMITTED NEGOTIATIONS.  Authorizes an attorney or law clerk
subject to this chapter to negotiate for or accept employment with a law
firm or another private entity after the 91st day before the date the
attorney's or law clerk's term of employment with the court is to end. 

 Sec. 57.005.  DISCLOSURE.  Requires an attorney or law clerk subject to
this chapter who has, in accordance with Section 57.003 or 57.004, entered
into an agreement for employment with or accepted a benefit from a law firm
or another private entity to file a statement containing certain
information with the clerk of the court or a public information officer
designated by the court.  Provides that information filed under this
section is a public record and requires it to be made available to any
person on request. 

Sec. 57.006.  REQUIRED RECUSAL.  Prohibits an attorney or law clerk subject
to this chapter who, in accordance with Section 57.003 or 57.004, entered
into an agreement for employment with or accepted a benefit from a law firm
or another private entity from participating, either during or after the
termination of employment with the court, in any matter before the court
that involves the law firm or private entity.  Requires a recusal from
participation in a matter under this section to be made by public order of
the court. 

SECTION 2.  Effective date: upon passage or September 1, 2001.