By West S.B. No. 1210 77R8753 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 1-7 OF 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. CERTAIN CONDUCT PROHIBITED. Except as provided 1-12 by Section 57.003 or 57.004, during the term of employment with the 1-13 court, an attorney or law clerk subject to this chapter may not: 1-14 (1) negotiate for or accept employment with a law firm 1-15 or another private entity; or 1-16 (2) accept a benefit from a law firm or another 1-17 private entity in connection with anticipated employment by the 1-18 entity if offering, conferring, or agreeing to confer the benefit, 1-19 or soliciting, accepting, or agreeing to accept the benefit, 1-20 violates Chapter 36, Penal Code. 1-21 Sec. 57.003. PRIOR OFFER OF EMPLOYMENT. This chapter does 1-22 not prohibit the employment of an attorney or law clerk by a court 1-23 solely because, before employment with the court begins, the 1-24 attorney or law clerk: 2-1 (1) accepts an offer of employment with a law firm or 2-2 other private entity that begins after the date the attorney's or 2-3 law clerk's employment with the court terminates; or 2-4 (2) accepts a benefit from a law firm or another 2-5 private entity in connection with anticipated employment by the 2-6 entity if offering, conferring, or agreeing to confer the benefit, 2-7 or soliciting, accepting, or agreeing to accept the benefit, does 2-8 not violate Chapter 36, Penal Code. 2-9 Sec. 57.004. PERMITTED NEGOTIATIONS. An attorney or law 2-10 clerk subject to this chapter may negotiate for or accept 2-11 employment with a law firm or another private entity after the 91st 2-12 day before the date the attorney's or law clerk's term of 2-13 employment with the court is to end. 2-14 Sec. 57.005. DISCLOSURE. (a) An attorney or law clerk 2-15 subject to this chapter who has, in accordance with Section 57.003 2-16 or 57.004, entered into an agreement for employment with or 2-17 accepted a benefit from a law firm or another private entity shall 2-18 file a statement with the clerk of the court or a public 2-19 information officer designated by the court. The statement must 2-20 include: 2-21 (1) the name of the attorney or law clerk; 2-22 (2) the name of the law firm or other private entity; 2-23 (3) any benefit the attorney or law clerk has received 2-24 or anticipates receiving from the law firm or other private entity 2-25 in connection with the employment; and 2-26 (4) any other information required by court rule. 2-27 (b) Information filed under this section is a public record 3-1 and shall be made available to any person on request. 3-2 Sec. 57.006. REQUIRED RECUSAL. (a) An attorney or law clerk 3-3 subject to this chapter who, in accordance with Section 57.003 or 3-4 57.004, entered into an agreement for employment with or accepted a 3-5 benefit from a law firm or another private entity may not 3-6 participate, either during or after the termination of employment 3-7 with the court, in any matter before the court that involves the 3-8 law firm or private entity. 3-9 (b) A recusal from participation in a matter under 3-10 Subsection (a) must be made by public order of the court. 3-11 SECTION 2. This Act takes effect immediately if it receives 3-12 a vote of two-thirds of all the members elected to each house, as 3-13 provided by Section 39, Article III, Texas Constitution. If this 3-14 Act does not receive the vote necessary for immediate effect, this 3-15 Act takes effect September 1, 2001.