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