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A BILL TO BE ENTITLED
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AN ACT
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relating to the recusal of certain persons from a grievance |
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proceeding conducted by a panel of a district grievance committee |
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of the State Bar of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81.072, Government Code, is amended by |
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adding Subsections (p) and (q) to read as follows: |
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(p) Notwithstanding any other law, a member of a panel of a |
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district grievance committee of the state bar who at any time has |
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had a direct interest in conduct at issue in a grievance matter to |
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which the panel was assigned, or who at any time before the hearing |
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on a grievance matter to which the panel was assigned has had |
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interactions with the complainant or the respondent that would lead |
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a reasonable person to believe the member has a conflict of interest |
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with respect to the matter, shall recuse himself or herself from |
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participating in the matter, including from: |
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(1) participating in a hearing on the matter, |
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including a closed hearing on a complaint placed on a dismissal |
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docket; and |
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(2) voting on the disposition of the matter. |
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(q) If a member of a panel of a district grievance committee |
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of the state bar recuses himself or herself as required by |
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Subsection (p), another member of the district grievance committee |
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may be substituted for that member, subject to Subsection (n). |
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SECTION 2. Sections 81.072(p) and (q), Government Code, as |
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added by this Act, apply only to a grievance on which a hearing is |
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conducted on or after the effective date of this Act, regardless of |
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the date on which the grievance was filed. A grievance on which a |
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hearing is conducted before the effective date of this Act is |
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governed by the law in effect on the date the hearing was conducted, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |