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Vernon's Texas Rules Annotated - VTRA TX R STAND ATTY CERT PT I Section VI. Substantial Involvement

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

A. Percentage of Practice or Years of Service Requirement in the Specialty Area.  An applicant's or board certified attorney's failure to meet the percentage of practice or years of service requirements set forth in the Specific Area Requirements may be grounds for denial or revocation.

B. Specific Tasks Requirements.  An applicant must provide information as required by TBLS concerning specific tasks the applicant 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 specific tasks requirements listed in the Specific Area Requirements in the specialty area.  TBLS may permit exceptions for an applicant who does not meet the specific task requirements specified in an individual specialty area.

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 must be at least equivalent to the specific task requirements of the specialty area, and the determination of equivalency is in the sole discretion of TBLS.

b. Board Certified Attorney and Recertification Applicant.

(i) TBLS may exempt a board certified attorney or recertification applicant who is serving as a judge from all requirements during his or her judicial service except for the requirement to:

(A) pay the annual fee;

(B) disclose conduct under Section III;  and

(C) for the judicial administration specialty area, complete CLE under Section V and any requirements in the Specific Area Requirements.

(ii) With the exception of those certified in the judicial administration specialty area, 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 judge, he or she must timely complete the recertification process with TBLS and must comply with the TBLS Rules.  A board certified attorney whose certification was extended by reason of service as a judge must satisfy all the requirements for recertification except that, for purposes of the initial recertification only, the substantial involvement requirement will be waived and the CLE requirement will 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 must be at least equivalent to the Specific Area Requirements of the specialty area, and the determination of equivalency is in the sole discretion of TBLS.

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Cite this article: FindLaw.com - Vernon's Texas Rules Annotated - VTRA TX R STAND ATTY CERT PT I Section VI. Substantial Involvement - last updated January 01, 2024 | https://codes.findlaw.com/tx/vernon-s-texas-rules-annotated/vtratx-r-stand-atty-cert-pt-i-section-vi/

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