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A BILL TO BE ENTITLED
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AN ACT
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relating to disciplinary standards and procedures applicable to |
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grievances alleging certain prosecutorial misconduct. |
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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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amending Subsection (b) and adding Subsections (b-1) and (b-2) to |
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read as follows: |
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(b) The supreme court shall establish minimum standards and |
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procedures for the attorney disciplinary and disability system. |
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The standards and procedures for processing grievances against |
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attorneys must provide for: |
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(1) classification of all grievances and |
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investigation of all complaints; |
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(2) a full explanation to each complainant on |
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dismissal of an inquiry or a complaint; |
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(3) periodic preparation of abstracts of inquiries and |
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complaints filed that, even if true, do or do not constitute |
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misconduct; |
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(4) an information file for each grievance filed; |
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(5) a grievance tracking system to monitor processing |
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of grievances by category, method of resolution, and length of time |
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required for resolution; |
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(6) notice by the state bar to the parties of a written |
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grievance filed with the state bar that the state bar has the |
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authority to resolve of the status of the grievance, at least |
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quarterly and until final disposition, unless the notice would |
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jeopardize an undercover investigation; |
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(7) an option for a trial in a district court on a |
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complaint and an administrative system for attorney disciplinary |
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and disability findings in lieu of trials in district court, |
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including an appeal procedure to the Board of Disciplinary Appeals |
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and the supreme court under the substantial evidence rule; |
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(8) an administrative system for reciprocal and |
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compulsory discipline; |
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(9) interim suspension of an attorney posing a threat |
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of immediate irreparable harm to a client; |
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(10) authorizing all parties to an attorney |
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disciplinary hearing, including the complainant, to be present at |
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all hearings at which testimony is taken and requiring notice of |
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those hearings to be given to the complainant not later than the |
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seventh day before the date of the hearing; |
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(11) the commission adopting rules that govern the use |
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of private reprimands by grievance committees and that prohibit a |
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committee: |
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(A) giving an attorney more than one private |
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reprimand within a five-year period for a violation of the same |
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disciplinary rule; or |
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(B) giving a private reprimand for a violation: |
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(i) that involves a failure to return an |
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unearned fee, a theft, or a misapplication of fiduciary property; |
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or |
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(ii) of a disciplinary rule that requires a |
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prosecutor to disclose to the defense all evidence or information |
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known to the prosecutor that tends to negate the guilt of the |
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accused or mitigates the offense, including Rule 3.09(d), Texas |
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Disciplinary Rules of Professional Conduct; and |
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(12) distribution of a voluntary survey to all |
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complainants urging views on grievance system experiences. |
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(b-1) In establishing minimum standards and procedures for |
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the attorney disciplinary and disability system under Subsection |
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(b), the supreme court must ensure that the statute of limitations |
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applicable to a grievance filed against a prosecutor that alleges a |
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violation of the disclosure rule does not begin to run until the |
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date on which a wrongfully imprisoned person is released from a |
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penal institution. |
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(b-2) For purposes of Subsection (b-1): |
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(1) "Disclosure rule" means the disciplinary rule that |
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requires a prosecutor to disclose to the defense all evidence or |
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information known to the prosecutor that tends to negate the guilt |
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of the accused or mitigates the offense, including Rule 3.09(d), |
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Texas Disciplinary Rules of Professional Conduct. |
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(2) "Penal institution" has the meaning assigned by |
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Article 62.001, Code of Criminal Procedure. |
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(3) "Wrongfully imprisoned person" has the meaning |
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assigned by Section 501.101. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act but not later than December 1, 2013, the Texas Supreme |
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Court shall amend the Texas Rules of Disciplinary Procedure to |
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conform with Section 81.072, Government Code, as amended by this |
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Act. |
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SECTION 3. This Act takes effect September 1, 2013. |