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Current as of January 01, 2024 | Updated by Findlaw Staff
A. DISCIPLINARY SANCTIONS.
1. At the time of filing an application, a certification applicant must disclose whether the applicant has:
a. ever been sanctioned for professional misconduct as defined in Rule 8.04 of the Texas Disciplinary Rules of Professional Conduct by any authorized disciplinary authority, including a court;
b. ever been sanctioned, censured, ordered to retire, or removed from a judicial office for violating the Texas Code of Judicial Conduct or other judicial ethical standards (“judicial misconduct”) by any authorized disciplinary authority;
c. a pending investigation or proceeding for professional misconduct; or
d. a pending investigation or proceeding for judicial misconduct.
2. During the application process, the applicant has a continuing duty to promptly report to TBLS the institution of a disciplinary investigation or proceedingor the receipt of a disciplinary sanction, censure, order to retire, or order of removal from judicial office as described above and to provide additional information TBLS may request on such matters.
3. A board certified attorney has a continuing duty to report and provide additional information requested by TBLS on:
a. any sanction for professional misconduct as defined in Rule 8.04 of the Texas Disciplinary Rules of Professional Conduct by any authorized disciplinary authority, including a court;
b. any sanction, censure, order of retirement, or order of removal from judicial office by any authorized disciplinary authority;
c. any pending investigation or proceeding for professional misconduct; or
d. any pending investigation or proceeding for judicial misconduct.
4. TBLS may deny certification or recertification, revoke certification, or take other appropriate action upon a finding that an applicant or board certified attorney has engaged in professional misconduct or judicial misconduct as defined above or upon notice of a pending investigation or proceeding for professional misconduct or judicial misconduct concerning the applicant or board certified attorney. In deciding what action is appropriate, TBLS will consider the seriousness of the underlying facts included in the findings, the passage of time, and the conduct of an applicant or board certified attorney since the findings were made or the sanction, censure, retirement, or removal ordered.
5. Failure to disclose an investigation, proceeding, sanction, censure, order of retirement, or order of removal from office or the failure to respond to a request for information from TBLS on such matters will be considered a material misrepresentation and may be cause for denial, revocation, or other appropriate action by TBLS.
B. CRIMINAL CONVICTION.
1. An applicant or board certified attorney shall disclose whether he or she has ever been convicted of, or given probation or fined for, a serious crime as hereinafter defined, whether the above resulted from a plea of guilty or nolo contendere or from a verdict after trial or otherwise and regardless of the pendency of an appeal. The term “serious crime” includes barratry; any felony; any lesser offense involving dishonesty, misappropriation of money or other property or conduct that adversely affects the administration of justice; and any attempt, conspiracy or solicitation of another to commit any of the foregoing crimes.
2. TBLS may deny certification or recertification, revoke certification, or take other appropriate action if an applicant or board certified attorney has been convicted, given probation or fined for a serious crime as defined in this Section.
Cite this article: FindLaw.com - Vernon's Texas Rules Annotated - VTRA TX R STAND ATTY CERT PT I Section III. Disclosure of Conduct - last updated January 01, 2024 | https://codes.findlaw.com/tx/vernon-s-texas-rules-annotated/vtratx-r-stand-atty-cert-pt-i-section-iii/
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