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 1-7 INTEREST 1-8 Sec. 57.001. APPLICABILITY OF CHAPTER. This chapter applies 1-9 only to an attorney or law clerk employed by a court of this state 1-10 for a specified and limited term. 1-11 Sec. 57.002. DISCLOSURE. (a) An attorney or law clerk 1-12 subject to this chapter who has entered into an agreement for 1-13 employment with or accepted a benefit from a law firm or another 1-14 private entity shall file a statement with the clerk of the court 1-15 or a public information officer designated by the court. The 1-16 statement must include: 1-17 (1) the name of the attorney or law clerk; 1-18 (2) the name of the law firm or other private entity; 1-19 (3) any benefit the attorney or law clerk has received 1-20 or anticipates receiving from the law firm or other private entity 1-21 in connection with the employment; and 1-22 (4) any other information required by court rule. 1-23 (b) Information filed under this section is a public record 1-24 and shall be made available to any person on request. 1-25 Sec. 57.003. REQUIRED RECUSAL. (a) An attorney or law 2-1 clerk subject to this chapter who entered into an agreement for 2-2 employment with or accepted a benefit from a law firm or another 2-3 private entity may not participate during the employment with the 2-4 court in any matter before the court that involves the law firm or 2-5 private entity. 2-6 (b) After the termination of employment with the court, the 2-7 attorney or law clerk may not: 2-8 (1) participate on behalf of the law firm or private 2-9 entity in any matter that was pending before the court during the 2-10 period the attorney or law clerk was employed by the court; and 2-11 (2) until the first anniversary of the date of the 2-12 termination of employment, plead or appear on behalf of the law 2-13 firm or private entity in any matter before the court that employed 2-14 the attorney or law clerk. 2-15 (c) A recusal from participation in a matter under 2-16 Subsection (a) or (b) must be made by public order of the court. 2-17 Sec. 57.004. SANCTIONS. An attorney who violates this 2-18 chapter is subject to sanctions by the State Bar of Texas. 2-19 SECTION 2. This Act takes effect immediately if it receives 2-20 a vote of two-thirds of all the members elected to each house, as 2-21 provided by Section 39, Article III, Texas Constitution. If this 2-22 Act does not receive the vote necessary for immediate effect, this 2-23 Act takes effect September 1, 2001. S.B. No. 1210 _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1210 passed the Senate on April 10, 2001, by the following vote: Yeas 29, Nays 0, one present not voting; May 22, 2001, Senate refused to concur in House amendment and requested appointment of Conference Committee; May 24, 2001, House granted request of the Senate; May 27, 2001, Senate adopted Conference Committee Report by a viva-voce vote. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 1210 passed the House, with amendment, on May 17, 2001, by the following vote: Yeas 123, Nays 14, three present not voting; May 24, 2001, House granted request of the Senate for appointment of Conference Committee; May 27, 2001, House adopted Conference Committee Report by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor