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Texas Family Code - FAM § 107.0255. Amicus Attorney;  Conflicts of Interest and Bias

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Before a person accepts appointment as an amicus attorney in a suit, the person must disclose to the court, each attorney for a party to the suit, and any party to the suit who does not have an attorney:

(1) any conflict of interest that the person believes the person has with the court, any party to the suit, or a child who is the subject of the suit;

(2) any previous knowledge that the person has of a party to the suit or a child who is the subject of the suit, other than knowledge obtained in a court-ordered evaluation;

(3) any pecuniary relationship that the person believes the person has with an attorney in the suit or the court;

(4) any fiduciary relationship that the person believes the person has with an attorney in the suit or the court;

(5) any conflict of interest that the person believes the person has with another person participating or expected to participate in the suit in a professional capacity;  and

(6) any other information relating to the person's relationship with an attorney in the suit or the court that a reasonable, prudent person would believe would affect the ability of the person to act impartially as an amicus attorney.

(b) The court may not appoint a person as an amicus attorney in a suit if the person makes any of the disclosures in Subsection (a) unless:

(1) the court finds, after notice and a hearing, that:

(A) the person has no conflict of interest with a party to the suit, the court, or a child who is the subject of the suit;

(B) the person's previous knowledge of a party to the suit, the court, or a child who is the subject of the suit is not relevant;

(C) the person does not have a pecuniary relationship with an attorney in the suit or the court;  and

(D) the person does not have a fiduciary relationship with an attorney in the suit or the court;  or

(2) the parties agree in writing to the person's appointment as an amicus attorney.

(c) After being appointed as an amicus attorney in a suit, a person shall immediately disclose to the court, each attorney for a party to the suit, and any party to the suit who does not have an attorney any discovery of the following unless previously disclosed:

(1) a conflict of interest that the person believes the person has with a party to the suit, the court, or a child who is the subject of the suit;

(2) previous knowledge the person has of a party to the suit, the court, or a child who is the subject of the suit, other than knowledge obtained in a court-ordered evaluation;

(3) a relationship that the person has with an attorney in the suit who was hired or appointed after the person's appointment as an amicus attorney that would have been subject to disclosure under Subsection (a);  and

(4) any conflict of interest that the person believes the person has with another person who participates in the suit in a professional capacity.

(d) The court shall remove a person as an amicus attorney in a suit if the person makes any of the disclosures in Subsection (c) unless:

(1) the court finds, after notice and a hearing, that, as applicable:

(A) the person has no conflict of interest with a party to the suit, the court, or a child who is the subject of the suit;

(B) the person's previous knowledge of a party to the suit, the court, or a child who is the subject of the suit is not relevant;

(C) the person has no pecuniary or fiduciary relationship with an attorney in the suit who was hired or appointed after the person's appointment as an amicus attorney;  or

(D) the person has no conflict of interest with another person who participates in the suit in a professional capacity;  or

(2) the parties agree in writing to the person's continued appointment as an amicus attorney.

(e) A person who has a preexisting relationship with an attorney for a party to the suit or a professional participating in the suit is not disqualified from being an amicus attorney if the relationship was formed in a professional setting such as service to the community or a bar association.

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Cite this article: FindLaw.com - Texas Family Code - FAM § 107.0255. Amicus Attorney;  Conflicts of Interest and Bias - last updated January 01, 2024 | https://codes.findlaw.com/tx/family-code/fam-sect-107-0255/

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