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ORDERED That
IN THE SUPREME COURT OF TEXAS ════════════════════ Misc. Docket No. 21-9029 ════════════════════ ════════════════════════════════════════════════════ ORDER SETTING PUBLIC DELIBERATIONS ON AMENDMENTS TO THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT AND THE TEXAS RULES OF DISCIPLINARY PROCEDURE ════════════════════════════════════════════════════ ORDERED that: 1. On September 29, 2020, in Misc. Dkt. No. 20-9114, the Court submitted proposed amendments to the Texas Disciplinary Rules of Professional Conduct and the Texas Rules of Disciplinary Procedure (“Proposed Rules”) to the State Bar of Texas members for a referendum. 2. Pursuant to Texas Government Code Section 81.0878, the referendum occurred between February 2, 2021, and March 4, 2021. 3. On March 5, 2021, the State Bar of Texas Executive Director certified that the Proposed Rules were approved by a majority of the votes cast, and, on March 11, 2021, submitted a Petition for Order of Promulgation (“Petition”) requesting the Court’s adoption of the Proposed Rules effective July 1, 2021. The Petition is attached as Exhibit 1 to this Order. 4. Pursuant to Texas Government Code Section 81.08791, the Court provides notice of deliberations on the Proposed Rules, which will be held on May 4, 2021, from 9:00 a.m. to 12:00 p.m by Zoom videoconferencing. The public may view the Court’s deliberations on the Court’s YouTube channel. 5. Pursuant to Texas Government Code Section 81.08793, the Court invites written public comments. Written comments should be sent to [email protected]. The Court requests that comments be sent by April 15, 2021. 6. The Clerk is directed to: a. file a copy of this Order with the Secretary of State; b. -
From the Dean's Desk It Is Always Sad to Say Goodbye to a Baylor Lawyer
From The Dean’s Desk It is always sad to say goodbye to a Baylor Lawyer, but we can all take comfort in the legacies they leave behind. Earlier this month, Baylor University and Baylor Law School lost distinguished public servant, alumnus, and former University trustee, the Hon. Jack E. Hightower (LLB ’51). Judge Hightower was a gifted public servant who served as a State Representative, State Senator, U.S. Congressman, and Texas Supreme Court Justice. Judge Hightower also will be remembered as a lover of knowledge and a respected bibliophile. He was a magnificent example of the Baylor Law spirit at work in the community. You can read more about Judge Hightower’s life and work in this issue of Rocket Docket. But even as one of our great Baylor Lawyers passes away, others already are at hard at work continuing that legacy of public service. In this issue of Rocket Docket, we profile Cindy Tisdale (JD ’95) of Granbury, who recently was elected chair of the board of directors of the State Bar of Texas. Cindy is a family lawyer who has served as president of the board of directors of the Paluxy River Children’s Advocacy Center and was twice named Hood County Attorney of the Year. You’ll also learn about a new domestic violence prevention program in Williamson County that came about through the efforts of several people, including Baylor Lawyers Dee Hobbs (JD ’05), Williamson County Attorney; and Jackie Borcherding (JD ’05), an assistant district attorney for Williamson County. Please enjoy this issue. Baylor Law Mourns Passing of Distinguished Alumnus Jack E. -
September 9, 2020 Via Email Board of Directors State Bar of Texas Texas
September 9, 2020 Via Email Board of Directors State Bar of Texas Texas Law Center 1414 Colorado Street Austin, Texas 78701 [email protected] Re: ABA Model Rule 8.4(g) Dear Members of the Board of Directors: It is my understanding that on September 10, 2020 you will consider whether to refer ABA Model Rule 8.4(g) to the Board’s Discipline and Client Attorney Assistance Program Committee for possible adoption. Instead of referring the model rule to the committee, you should drop further consideration of this rule. As you may be aware, I concluded nearly four years ago in Attorney General Opinion KP-0123 (enclosed) that Model Rule 8.4(g) threatens the individual liberty of Texas lawyers and is unconstitutionally vague and overbroad.1 After my opinion, the United States Supreme Court concluded that state restrictions on “professional speech” are presumptively unconstitutional and subject to strict scrutiny because they are content-based restrictions on speech.2 While attorneys’ free speech rights are circumscribed to some degree in the courtroom during a judicial proceeding and outside the courtroom when speaking about a pending case, Model Rule 8.4(g) extends far beyond the context of a judicial proceeding to restrict speech or conduct in any instance “related to the practice of law.”3 The broad nature of the rule could apply to an attorney’s participation in a continuing legal education panel discussion, authoring a law review article, or informal conversations at a bar association event, among other things. In other words, Model Rule 8.4(g) will suppress thoughtful and complete exchanges about complex issues. -
Supreme Court of Texas Professional Ethics Committee Opinion
The Supreme Court of Texas Professional Ethics Committee For the State Bar of Texas Opinion Number 573 July 2006 QUESTION PRESENTED Under the Texas Disciplinary Rules of Professional Conduct, what requirements must be met in order for a Texas lawyer to participate in a privately sponsored internet service that obtains information over the internet from potential clients about their legal problems and forwards the information to lawyers who have paid to participate in the internet service? STATEMENT OF FACTS A Texas lawyer is considering participation in an internet client-lawyer service (the "Service") that allows lawyers to participate in the Service for the payment of a fee. The Service is a for-profit business that provides an internet web site offering potential clients with legal problems the opportunity to receive communications from participating lawyers concerning legal services available with respect to legal problems identified by potential clients. Lawyers can participate in the Service upon payment of a fixed fee. Lawyers pay a fee based on the geographic areas and legal practice areas for which they wish to be included in the Service. Lawyers can be included only for geographic areas in which they are licensed to practice law. The Service is not involved in the retention of a participating lawyer by a potential client, and it does not receive any compensation from potential clients or lawyers based on retention, legal fees paid, or results obtained by a lawyer. When potential clients wish to seek a lawyer using the Service, they go to the Service web site and input their geographic location, the general area of law of their legal problem, and possibly other information relevant to their selection of a lawyer. -
RESOURCES for VETERANS SEEKING HELP 71226 Veterans:Pamphlet 7/16/10 9:21 AM Page 2
37813 ResorcesForVetsTYLACover4 7/14/10 9:31 AM Page 1 The Texas Young Lawyers Association and Texas Lawyers for Texas Veterans are proud to provide this publication as a service to Texas veterans, who have sacrificed much for our state and our country. We hope you find it to be a valuable resource. Prepared as a Public Service by the Texas Young Lawyers Association and distributed by the State Bar of Texas For Additional Copies, Please Contact: Public Information Department State Bar of Texas P.O. Box 12487 Austin, Texas 78711-2487 (800) 204-2222, Ext. 1800 www.tyla.org www.texasbar.com/veterans RESOURCES FOR VETERANS SEEKING HELP — MADE POSSIBLE BY A GRANT FROM THE TEXAS BAR FOUNDATION — 37813 7/10 71226 Veterans:Pamphlet 7/16/10 9:21 AM Page 1 RESOURCES FOR VETERANS SEEKING HELP 71226 Veterans:Pamphlet 7/16/10 9:21 AM Page 2 Texas Young Lawyers Association Community Education and Consumer Affairs Committee P.O. Box 12487, Capitol Station Austin, TX 78711-2487 (800) 204-2222 Ext. 1800 Produced as a public service by the Texas Young Lawyers Association. Please note that this brochure is intended solely to provide general information and is not a substitute for legal counsel. Any laws described in the brochure are subject to change at any time. If you have a specific legal problem, we suggest that you consult an attorney. 71226 Veterans:Pamphlet 7/16/10 9:21 AM Page 1 INTRODUCTION Veterans face the same issues that all Texans face: going to school, finding a job, obtaining a loan, and getting health care. -
(Walker-Calloway System) Revenue Bonds, Series 2018
OFFICIAL STATEMENT Dated February 6, 2018 Ratings: S&P: “AA” (See “CONTINUING DISCLOSURE (see “OTHER INFORMATION OF INFORMATION” herein) - Ratings” herein) NEW ISSUE - Book-Entry-Only In the opinion of Bond Counsel, interest on the Bonds will be excludable from gross income for federal income tax purposes under statutes, regulations, published rulings and court decisions existing on the date thereof, subject to the matters described under “TAX MATTERS” herein. $6,530,000 TRINITY RIVER AUTHORITY OF TEXAS (WALKER-CALLOWAY SYSTEM) REVENUE BONDS, SERIES 2018 Dated Date: February 1, 2018 Due: February 1, as shown on Page ii Interest to accrue from Delivery Date PAYMENT TERMS . Interest on the $6,530,000 Trinity River Authority of Texas (Walker-Calloway System) Revenue Bonds, Series 2018 (the “Bonds”) will accrue from the date they are initially delivered (the “Delivery Date”) to the underwriters listed below (the “Underwriters”), will be payable on August 1, 2018, and on February 1 and August 1 of each year thereafter until maturity or prior redemption, and will be calculated on the basis of a 360-day year consisting of twelve 30-day months. The definitive Bonds will be initially registered and delivered only to Cede & Co., the nominee of The Depository Trust Company (“DTC”) pursuant to the Book-Entry-Only System described herein. Beneficial ownership of the Bonds may be acquired in denominations of $5,000 or integral multiples thereof within a maturity. No physical delivery of the Bonds will be made to the beneficial owners thereof. Principal of, premium, if any, and interest on the Bonds will be payable by the Paying Agent/Registrar to Cede & Co., which will make distribution of the amounts so paid to the participating members of DTC for subsequent payment to the beneficial owners of the Bonds (see “THE BONDS - Book-Entry-Only System” herein). -
Texas Lottery Commission
TEXAS LOTTERY COMMISSION REQUEST FOR QUALIFICATIONS FOR OUTSIDE COUNSEL INTELLECTUAL PROPERTY LEGAL SERVICES June 24, 2015, 4:00 P.M. Central Time Request for Qualifications No. 362-15-0004 PAGE i TABLE OF CONTENTS 1 GENERAL INFORMATION .............................................................................................................................. 1 1.1 PURPOSE ....................................................................................................................................................... 1 1.2 SCOPE OF LEGAL SERVICES ................................................................................................................................. 2 1.3 OUR VISION AND MISSION ................................................................................................................................ 2 1.4 OUR CORE VALUES .......................................................................................................................................... 2 1.5 SCHEDULE OF EVENTS ....................................................................................................................................... 3 1.6 SUCCESSFUL PROPOSER’S / LOTTERY RELATIONSHIP ............................................................................................... 4 1.7 PROCUREMENT AUTHORITY ............................................................................................................................... 4 1.8 PROPOSALS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT ............................................................................... -
Youth Transitioning from Foster Care to Adulthood MC
Attorney Resource Letter: For Attorneys Handling Child Protective Services Cases March 16, 2017 Current and Upcoming MCLEs on CPS-related Issues Here are two reminders about CLE that is available through the Children’s Commission website, along with a Save the Date announcement for upcoming MCLEs this spring and summer. ABA Teleconference Series: Youth Transitioning from Foster Care to Adulthood The American Bar Association’s Children’s Rights Litigation Committee, along with the Juvenile Law Center, recently hosted a series of teleconferences focused on the issue of youth transitioning from foster care to adulthood. Each teleconference session focuses on assuring a successful transition for youth and includes discussions of the role of lawyers and the courts for transitioning youth; legal issues facing transitioning youth; transition planning for special populations; and permanency and connections for transitioning youth. The Children’s Commission has partnered with the State Bar of Texas to offer 1.5 MCLE credit hours for each of the five replay sessions. For more information including links to and descriptions of each of the replays, as well as information about how to claim MCLE credit, please visit the Children’s Commission Continuing Legal Education webpage found at this link: http://texaschildrenscommission.gov/training/continuing-legal-education-(cle).aspx MCLE Video on Trauma-Informed Advocacy for Attorneys Following the Trauma-Informed Care survey and report issued by Texas CASA in 2015, the Children’s Commission, in partnership with Texas CASA and the Shield Ayers Foundation, created a one-hour training to help introduce trauma-informed care to Attorneys ad Litem, Guardians ad Litem and CASA volunteers. -
Mary Colchin Johndroe Partner,Fort Worth
Mary Colchin Johndroe Partner,Fort Worth 600 W. 6th St., Suite 300 Fort Worth, Texas 76102 Email: [email protected] Phone: (817) 877-2810 | Fax: (817) 877-2807 Mary Colchin Johndroe vigorously represents clients in civil litigation, including construction, contract, eminent domain, inverse condemnation, property rights, and government law cases. She has handled cases at all levels of the legal system; before commissions and administrative agencies, in trials and appeals within Texas state and federal courts, including the Texas and U.S. Supreme Courts. Ms. Johndroe joined Cantey Hanger in 1986 and was elected partner in 1992. PRINCIPAL PRACTICE AREAS Eminent Domain/Property Rights Construction EDUCATION Baylor University School of Law, Waco, Texas (J.D., 1986) University of Texas at Arlington, Arlington, Texas (B.A. Sociology, 1979) – graduate work in Urban Affairs EXPERIENCE Represented municipality in eminent domain proceedings and negotiation of property interests to extend airport runway – involved relocation of rail and utilities on more than 50 parcels. Counsel to international airport handling condemnations and risk avoidance in business disputes. Lead attorney defending large hospital against condemnations by the State achieving lucrative settlements far in excess of award. Attorney in charge representing river authority in substantial construction litigation resulting in favorable resolutions. Obtained desirable judgments as lead counsel for river authority in eminent domain and inverse condemnation. Represented municipality in defense of suit seeking to invalidate property tax resulting in summary judgment for client. Represent landowners and condemnors in condemnations in Brown, Dallas, Denton, Ellis, Hood, Johnson, Parker, Polk, Tarrant and Wise counties. Intermediary dispute resolution in eminent domain. -
A Guide to Ethics Laws for State Officers and Employees
TEXAS ETHICS COMMISSION A GUIDE TO ETHICS LAWS FOR STATE OFFICERS AND EMPLOYEES Revised September 15, 2015 Texas Ethics Commission, P.O. Box 12070, Austin, Texas 78711 (512) 463-5800 FAX (512) 463-5777 TDD 1-800-735-2989 Visit us at http://www.ethics.state.tx.us on the Internet. AN EQUAL OPPORTUNITY EMPLOYER The Texas Ethics Commission does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or the provision of services. A GUIDE TO ETHICS LAWS FOR STATE OFFICERS AND EMPLOYEES TABLE OF CONTENTS INTRODUCTION..........................................................................................................................1 Laws Interpreted by the Texas Ethics Commission .............................................................1 Advisory Opinions ...............................................................................................................1 PART I. STANDARDS OF CONDUCT AND CONFLICT OF INTEREST .........................2 The “Should Nots” ...............................................................................................................2 Private Interest in Measure or Decision ...............................................................................2 PART II. ACCEPTANCE OF BENEFITS.................................................................................3 Bribery .................................................................................................................................3 Honoraria .............................................................................................................................3 -
Characterization & Tracing: an Overview
CHARACTERIZATION & TRACING: AN OVERVIEW Moderator KELLY AUSLEY-FLORES, Austin Panelists PATRICE L. FERGUSON, Houston RICHARD L. FLOWERS, JR., Houston WILLIAM C. LOVE, CPA, Austin MARY JOHANNA MCCURLEY, Dallas Written by MARY JOHANNA MCCURLEY BRAD M. LAMORGESE RYAN KIRKHAM T. HUNTER LEWIS McCurley, Orsinger, McCurley Nelson & Downing, LLP 5950 Sherry Lane Suite 800 Dallas, Texas 75225 State Bar of Texas 37TH ANNUAL ADVANCED FAMILY LAW COURSE August 1-4, 2011 San Antonio CHAPTER 59 KELLY AUSLEY-FLORES AUSLEY, ALGERT, ROBERTSON & FLORES, L.L.P. Attorney at Law 3307 Northland Drive, Suite 420 Austin, Texas 78731 (512) 454-8791 (512) 454-9091 Facsimile [email protected] www.ausley-algert.com EDUCATION Texas Tech University, B.B.A. in 1987, cum laude Texas Tech School of Law, J.D., 1995, cum laude PROFESSIONAL ASSOCIATIONS AND HONORS Board Certified by Texas Board of Legal Specialization, Family Law, since 2000 Fellow, American Academy of Matrimonial Lawyers Member, Texas Academy of Family Law Specialists Named Texas Super Lawyers® - Rising Stars® Edition (Texas Monthly, 2004 and 2005) Member, Collaborative Law Institute of Texas Member, International Academy of Collaborative Professionals Member, State Bar of Texas (Family Law Section) Member, College of the State Bar of Texas Member, Austin Bar Association (Family Law Section) Member, Texas Bar Foundation, 2004-2009 Member, Pro Bono College of the State Bar of Texas, 1999-2009 Recipient, 1998 and 1999 Pro Bono Award, Volunteer Legal Services of Central Texas CAREER PROFILE Practiced family law with Ausley, Algert, Robertson & Flores, L.L.P. since August, 1995 and became a partner in December, 2001. -
Rules Governing Admission to the Bar of Texas Adopted by the Supreme Court of Texas Effective September 1, 2021
Rules Governing Admission to the Bar of Texas Adopted by the Supreme Court of Texas Effective September 1, 2021 Table of Contents Rule 1 Definitions and General Provisions 3 Rule 2 General Eligibility Requirements for Admission to the Bar 5 Rule 3 Law Study Requirement 6 Rule 4 Present Good Moral Character and Fitness Requirement 6 Rule 5 Multistate Professional Responsibility Examination and Texas Law Component Requirements 10 Rule 6 Declaration of Intention to Study Law General Provisions 10 Rule 7 Confidential Information 11 Rule 8 Determination of Declarant Character and Fitness 12 Rule 9 Application to Take the Texas Bar Examination 13 Rule 10 Determination of Applicant Character and Fitness 14 Rule 11 Texas Bar Examination 16 Rule 12 Examinees with Disabilities 17 Rule 13 Applicants from Other Jurisdictions 18 Rule 14 Foreign Legal Consultants 23 Rule 15 Hearings 28 Rule 16 Probationary Licenses 31 Rule 17 Issuance of License Certificates and Cancellation of License Unlawfully Obtained 34 Rule 18 Fees 35 Rule 19 Requirements for Participation in Texas Proceedings by a Non-Resident Attorney 36 Rule 20 Organizational and Miscellaneous Powers of the Board 37 Rule 21 Civil Immunity 39 Rule 22 Registration Program for Military Attorneys…in TX but not Licensed in TX 39 Rule 23 Military Spouse Temporary License 42 Appendix Instructions for Completing Application for Testing Accommodations 44 Appendix Fee Schedule 50 Texas Constitutional Provisions 51 Tex. Gov’t Code §82.001. Board of Law Examiners 51 Tex. Gov’t Code §82.002. Conflict of Interest 51 Tex. Gov’t Code §82.0021. Removal of Board Members 52 Tex.