By Dunnam H.B. No. 2889
77R8530 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain attorneys and law clerks employed by a court.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle D, Title 2, Government Code, is amended
1-5 by adding Chapter 57 to read as follows:
1-6 CHAPTER 57. STAFF ATTORNEYS AND LAW CLERKS; CONFLICT OF INTEREST
1-7 Sec. 57.001. APPLICABILITY OF CHAPTER. This chapter applies
1-8 only to an attorney or law clerk employed by a court of this state
1-9 for a specified and limited term.
1-10 Sec. 57.002. CERTAIN CONDUCT PROHIBITED. Except as provided
1-11 by Section 57.003 or 57.004, during the term of employment with the
1-12 court, an attorney or law clerk subject to this chapter may not:
1-13 (1) negotiate for or accept employment with a law firm
1-14 or another private entity; or
1-15 (2) accept a benefit from a law firm or another
1-16 private entity in connection with anticipated employment by the
1-17 entity if offering, conferring, or agreeing to confer the benefit,
1-18 or soliciting, accepting, or agreeing to accept the benefit,
1-19 violates Chapter 36, Penal Code.
1-20 Sec. 57.003. PRIOR OFFER OF EMPLOYMENT. This chapter does
1-21 not prohibit the employment of an attorney or law clerk by a court
1-22 solely because, before employment with the court begins, the
1-23 attorney or law clerk:
1-24 (1) accepts an offer of employment with a law firm or
2-1 other private entity that begins after the date the attorney's or
2-2 law clerk's employment with the court terminates; or
2-3 (2) accepts a benefit from a law firm or another
2-4 private entity in connection with anticipated employment by the
2-5 entity if offering, conferring, or agreeing to confer the benefit,
2-6 or soliciting, accepting, or agreeing to accept the benefit, does
2-7 not violate Chapter 36, Penal Code.
2-8 Sec. 57.004. PERMITTED NEGOTIATIONS. An attorney or law
2-9 clerk subject to this chapter may negotiate for or accept
2-10 employment with a law firm or another private entity after the 91st
2-11 day before the date the attorney's or law clerk's term of
2-12 employment with the court is to end.
2-13 Sec. 57.005. DISCLOSURE. (a) An attorney or law clerk
2-14 subject to this chapter who has, in accordance with Section 57.003
2-15 or 57.004, entered into an agreement for employment with or
2-16 accepted a benefit from a law firm or another private entity shall
2-17 file a statement with the clerk of the court or a public
2-18 information officer designated by the court. The statement must
2-19 include:
2-20 (1) the name of the attorney or law clerk;
2-21 (2) the name of the law firm or other private entity;
2-22 (3) any benefit the attorney or law clerk has received
2-23 or anticipates receiving from the law firm or other private entity
2-24 in connection with the employment; and
2-25 (4) any other information required by court rule.
2-26 (b) Information filed under this section is a public record
2-27 and shall be made available to any person on request.
3-1 Sec. 57.006. REQUIRED RECUSAL. (a) An attorney or law
3-2 clerk subject to this chapter who, in accordance with Section
3-3 57.003 or 57.004, entered into an agreement for employment with or
3-4 accepted a benefit from a law firm or another private entity may
3-5 not participate, either during or after the termination of
3-6 employment with the court, in any matter before the court that
3-7 involves the law firm or private entity.
3-8 (b) A recusal from participation in a matter under
3-9 Subsection (a) must be made by public order of the court.
3-10 Sec. 57.007. SANCTIONS. An attorney who violates this
3-11 chapter is subject to sanctions by the state bar.
3-12 SECTION 2. This Act takes effect immediately if it receives
3-13 a vote of two-thirds of all the members elected to each house, as
3-14 provided by Section 39, Article III, Texas Constitution. If this
3-15 Act does not receive the vote necessary for immediate effect, this
3-16 Act takes effect September 1, 2001.