Tex.
Gov't Code Section 81.072
General Disciplinary and Disability Procedures
(a)
In furtherance of the supreme court’s powers to supervise the conduct of attorneys, the court shall establish disciplinary and disability procedures in addition to the procedures provided by this subchapter.(b)
The supreme court shall establish minimum standards and procedures for the attorney disciplinary and disability system. The standards and procedures for processing grievances against attorneys must provide for:(1)
classification of all grievances and investigation of all complaints;(2)
a full explanation to each complainant on dismissal of an inquiry or a complaint;(3)
periodic preparation of abstracts of inquiries and complaints filed that, even if true, do or do not constitute misconduct;(4)
an information file for each grievance filed;(5)
a grievance tracking system to monitor processing of grievances by category, method of resolution, and length of time required for resolution;(6)
notice by the state bar to the parties of a written grievance filed with the state bar that the state bar has the authority to resolve of the status of the grievance, at least quarterly and until final disposition, unless the notice would jeopardize an undercover investigation;(7)
an option for a trial in a district court on a complaint and an administrative system for attorney disciplinary and disability findings in lieu of trials in district court, including an appeal procedure to the Board of Disciplinary Appeals and the supreme court under the substantial evidence rule;(8)
an administrative system for reciprocal and compulsory discipline;(9)
interim suspension of an attorney posing a threat of immediate irreparable harm to a client;(10)
authorizing all parties to an attorney disciplinary hearing, including the complainant, to be present at all hearings at which testimony is taken and requiring notice of those hearings to be given to the complainant not later than the seventh day before the date of the hearing;(11)
the commission adopting rules that govern the use of private reprimands by grievance committees and that prohibit a committee:(A)
giving an attorney more than one private reprimand within a five-year period for a violation of the same disciplinary rule; or(B)
giving a private reprimand for a violation:(i)
that involves a failure to return an unearned fee, a theft, or a misapplication of fiduciary property; or(ii)
of a disciplinary rule that requires a prosecutor to disclose to the defense all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, including Rule 3.09(d), Texas Disciplinary Rules of Professional Conduct; and(12)
distribution of a voluntary survey to all complainants urging views on grievance system experiences.(b-1)
In establishing minimum standards and procedures for the attorney disciplinary and disability system under Subsection (b), the supreme court must ensure that the statute of limitations applicable to a grievance filed against a prosecutor that alleges a violation of the disclosure rule does not begin to run until the date on which a wrongfully imprisoned person is released from a penal institution.(b-2)
For purposes of Subsection (b-1):(1)
“Disclosure rule” means the disciplinary rule that requires a prosecutor to disclose to the defense all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, including Rule 3.09(d), Texas Disciplinary Rules of Professional Conduct.(2)
“Penal institution” has the meaning assigned by Article 62.001 (Definitions), Code of Criminal Procedure.(3)
“Wrongfully imprisoned person” has the meaning assigned by Section 501.101 (Programs and Services for Wrongfully Imprisoned Persons Who Are Discharged).(b-3)
In establishing minimum standards and procedures for the attorney disciplinary and disability system under Subsection (b), the supreme court must ensure that an attorney has an opportunity to respond to all allegations of alleged misconduct.(c)
In addition to the minimum standards and procedures provided by this chapter, the supreme court, under Section 81.024 (Rules) shall prepare, propose, and adopt rules it considers necessary for disciplining, suspending, disbarring, and accepting resignations of attorneys.(d)
Each attorney is subject to the Texas Rules of Disciplinary Procedure and the Texas Disciplinary Rules of Professional Conduct.(e)
The state bar shall establish a voluntary mediation and dispute resolution procedure to:(1)
attempt to resolve each minor grievance referred to the voluntary mediation and dispute resolution procedure by the chief disciplinary counsel; and(2)
facilitate coordination with other programs administered by the state bar to address and attempt to resolve inquiries and complaints referred to the voluntary mediation and dispute resolution procedure.(e-1)
All types of information, proceedings, hearing transcripts, and statements presented during the voluntary mediation and dispute resolution procedure established under Subsection (e) are confidential to the same extent the information, proceedings, transcripts, or statements would be confidential if presented to a panel of a district grievance committee.(f)
Responses to the survey provided for in Subsection (b)(12) may not identify either the complainant or attorney and shall be open to the public. The topics must include:(1)
treatment by the grievance system staff and volunteers;(2)
the fairness of grievance procedures;(3)
the length of time for grievance processing;(4)
disposition of the grievance; and(5)
suggestions for improvement of the grievance system.(g)
A person may not maintain an action against a complainant or witness in a disciplinary proceeding based on a communication made by the complainant or witness to the commission, a grievance committee, or the chief disciplinary counsel. The immunity granted by this subsection is absolute and unqualified.(h)
The state bar or a court may not require an attorney against whom a disciplinary action has been brought to disclose information protected by the attorney-client privilege if the client did not initiate the grievance that is the subject of the action.(i)
A panel of a district grievance committee of the state bar that votes on a grievance matter shall disclose to the complainant and the respondent in the matter the number of members of the panel:(1)
voting for a finding of just cause;(2)
voting against a finding of just cause; and(3)
abstaining from voting on the matter.(j)
A quorum of a panel of a district grievance committee of the state bar must include one public member for each two attorney members.(k)
A member of a panel of a district grievance committee of the state bar may vote on a grievance matter to which the panel was assigned only if the member is present at the hearing at which the vote takes place.(l)
A person may be appointed to serve on a panel of a district grievance committee of the state bar only if the person is a member of the district grievance committee from which the panel was assigned and the person was appointed to serve on the committee in strict accordance with the Texas Rules of Disciplinary Procedure.(m)
A panel of a district grievance committee of the state bar may not be changed in size for the purpose of obtaining a quorum on the panel without the approval of the complainant and the respondent in the grievance matter to which the panel was assigned.(n)
A member of a panel of a district grievance committee of the state bar may not be substituted with another member of the district grievance committee on the day of the hearing for which the panel was assigned without the approval of the complainant and the respondent in the grievance matter.(o)
Whenever a grievance is either dismissed as an inquiry or dismissed as a complaint in accordance with the Texas Rules of Disciplinary Procedure and that dismissal has become final, the respondent attorney may thereafter deny that a grievance was pursued and may file a motion with the tribunal seeking expunction of all records on the matter, other than statistical or identifying information maintained by the chief disciplinary counsel pertaining to the grievance.
Source:
Section 81.072 — General Disciplinary and Disability Procedures, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.81.htm#81.072 (accessed Jun. 5, 2024).
