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Current as of January 01, 2024 | Updated by Findlaw Staff
A. Percentage of Practice Requirement in the Specialty Area.
An applicant or board certified attorney must devote a minimum required percentage of time practicing in a specialty area each year as set forth in the Specific Area Requirements unique to each specialty area.
1. A certification applicant must devote the required percentage during each year of the 3 years immediately preceding application.
2. A board certified attorney must devote the required percentage during each year of certification. Refer to the Recertification Requirements in the Specific Area Requirements.
3. Failure to meet the required percentage of practice may be grounds for denial or revocation.
B. Specific Tasks Requirements. An applicant must provide information as required by TBLS concerning specific tasks he or she has performed in the applicable specialty area. In evaluating experience, TBLS may take into consideration the nature, complexity, and duration of the tasks handled by an applicant in the specialty area.
C. Exceptions. A certification applicant is expected to meet the tasks requirements listed in the Specific Area Requirements in the specialty area. TBLS may permit exceptions for an applicant who does not meet the task requirements specified in an individual specialty area. For the substantial involvement required for each specialty area, please refer to the appropriate Specific Area Requirements.
1. Judicial Experience.
a. Certification Applicant. TBLS may permit a certification applicant to substitute judicial experience appropriate to each specialty area. In making this determination, TBLS may take into consideration the nature, complexity, and duration of the matters the certification applicant has handled in the specialty area. The judicial experience shall be at least equivalent to the Specific Area Requirements of the specialty area, and the determination of equivalency shall be in the sole discretion of TBLS.
b. Board Certified Attorney and Recertification Applicant. TBLS may permit a board certified attorney or recertification applicant who is serving as a full-time county, state or federal trial, appellate, probate, family, or bankruptcy judge (including a U.S. magistrate judge or Texas associate judge) to remain certified during his or her judicial service subject to the following conditions:
(1) A board certified attorney or recertification applicant who is affected by this provision shall continue to pay the annual fee.
(2) If a board certified attorney desires to continue certification after December 31 of the calendar year which he or she ceases to serve as a full-time judge, he or she shall timely complete the recertification process with TBLS and shall comply with the TBLS Rules. A board certified attorney whose certification was extended by reason of service as a full-time judge must satisfy all the requirements for recertification except that, for purposes of the initial recertification only, the substantial involvement requirement shall be waived and the CLE requirement shall be prorated based on the year in which the board certified attorney ceased judicial service.
2. Unusual or Exceptional Experience. TBLS may permit a certification applicant to substitute unusual or exceptional experience for one or more of the specific area requirements in the specialty area. In making this determination, TBLS may take into consideration the nature, complexity, and duration of the matters that the certification applicant has handled in the specialty area. The unusual or exceptional experience shall at least be equivalent to the Specific Area Requirements of the specialty area, and the determination of equivalency shall be in the sole discretion of TBLS.
Cite this article: FindLaw.com - Vernon's Texas Rules Annotated - VTRA TX R STAND ATTY CERT PT I § VI. Substantial Involvement - last updated January 01, 2024 | https://codes.findlaw.com/tx/vernon-s-texas-rules-annotated/vtra-sect-vi/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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