HBA-EDN C.S.S.B. 1210 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 1210 By: West, Royce Judicial Affairs 5/3/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE There is a perceived ethical dilemma concerning law clerks receiving signing bonuses from a prospective employer before the clerkship is completed. Currently, each Texas Supreme Court justice sets the policy of signing bonuses within the office, and it is often difficult to know which clerk with a particular justice might be signing on with a law firm that has a case before the court. C.S.S.B. 1210 establishes restrictions for when an attorney or law clerk who is employed by the court can negotiate for or accept jobs with law firms or other private entities and requires a law clerk or attorney to be recused from any matter before the court that involves a firm with which they have entered into an agreement for employment or accepted a benefit. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.S.B. 1210 amends the Government Code to prohibit an attorney or law clerk, during the term of employment with the court, from: _negotiating for or accepting employment with a law firm or another private entity; or _accepting a benefit from a law firm or another private entity in connection with anticipated employment by the entity if offering, conferring, or agreeing to confer the benefit, or soliciting, accepting, or agreeing to accept the benefit violates provisions relating to bribery and corrupt influence. These provisions do not prohibit the employment of an attorney or law clerk by a court, solely because, before employment with the court begins, the attorney or law clerk accepts such an offer of employment that begins after the date their employment with the court terminates or accepts a benefit from a law firm or another entity in connection with anticipated employment, but that does not violate laws regarding bribery or corrupt influence. The bill authorizes an attorney or law clerk to negotiate for or accept employment with a law firm or another private entity after the 91st day before the date the attorney's or law clerk's term of employment with the court is to end. The bill requires an attorney or law clerk who has entered into an agreement for employment or accepted a benefit to file a statement of disclosure with the court and requires such a statement to be made available to any person on request. The bill prohibits an attorney or law clerk who has entered into an agreement or accepted a benefit described above from participating in any matter before the court that involves the law firm or private entity during the employment with the court and prohibits the attorney or law clerk after the termination of employment and before the second anniversary of the date of termination from participating on behalf of the law firm or private entity in any matter before the court. The bill provides that a recusal from participation must be made by public order of the court. The bill provides that an attorney who violates these provisions is subject to sanctions by the state bar. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 1210 modifies the original by removing the Texas Supreme Court's rulemaking authority regarding law clerks or attorneys during the term of employment with the court negotiating for or accepting employment with a law firm or another private entity. The substitute authorizes an attorney or law clerk to negotiate for or accept employment with a law firm or another private entity after the 91st day before the date the attorney or law clerk's term of employment with the court is to end. The substitute prohibits an attorney or law clerk during the term of employment with the court from accepting a benefit from a law firm or another private entity in connection with anticipated employment by the entity if offering, conferring, or agreeing to confer the benefit, or soliciting, accepting, or agreeing to accept the benefit violates provisions relating to bribery and corrupt influence, whereas the original prohibited an attorney or law clerk from accepting such a benefit if the law clerk or attorney knew or should have known that the benefit was offered, conferred, or agreed to be conferred to influence or attempt to influence the law clerk or attorney in the performance of their duty as an employee of the court. The substitute makes a similar change with regard to the acceptance of a benefit by an attorney or law clerk prior to employment with the court not being prohibited if the offer of the benefit does not violate provisions relating to bribery and corrupt influence, rather than if the attorney or law clerk knew that the benefit was offered to influence the attorney or clerk. The substitute requires information filed in a disclosure statement to be made available to any person on request. The substitute prohibits an attorney or law clerk after the termination of employment and before the second anniversary of the date of termination from participating on behalf of the law firm or private entity in any matter before the court, whereas the original prohibited an attorney or law clerk after the termination of employment from participating on behalf of the law firm or private entity in any matter that was pending before the court during the period the attorney or law clerk was employed by the court. The substitute removes provisions specifying that Penal Code statutes regarding a gift offering to a public servant do not apply to a benefit accepted in compliance with these provisions.