Texas Senate Bill SB62

Texas 2009 - 81st Regular

• Filed: 11/10/08
• Out of Senate Committee: 4/14/09
• Voted on by Senate: 4/23/09

Caption

Relating to permitting certain military attorneys to represent military personnel and their dependents in civil proceedings before the courts of this state.

Impact

The bill's enactment will significantly affect the legal landscape in Texas by formally permitting attorneys who meet the criteria outlined in SB62 to engage with the state's judicial system. This is particularly beneficial for military families needing access to legal resources without the delay and complexity that can come from seeking representation from fully licensed Texas attorneys. Moreover, this measure reflects a broader trend toward acknowledging the needs of service members and their dependents, ensuring they have adequate access to legal remedies during challenging periods.

Summary

SB62, introduced by Senator Zaffirini, is a legislative proposal aimed at facilitating legal representation for military personnel and their dependents in civil proceedings within Texas courts. The bill amends the Government Code to allow certain military attorneys—those who are full-time active duty officers of the United States armed forces, and who are licensed in another state—to practice law in Texas under specific conditions. This initiative recognizes the unique circumstances of military families, who may face legal challenges while stationed in Texas but do not hold a Texas bar license.

Contention

A potential point of contention surrounding SB62 lies in the possible implications for the legal profession in Texas, particularly concerning the perception of legal standards and qualifications. Some may argue that allowing attorneys who are not licensed in Texas to practice law within the state could impact the overall integrity and quality of legal representation. There may also be concerns about the oversight and regulation of these military attorneys, as SB62 includes provisions for the Supreme Court of Texas to establish rules and regulations to ensure competent and ethical practice by these attorneys.

Final_notes

The bill stipulates conditions under which military attorneys can be granted permission to practice law in Texas, including submitting applications to the Supreme Court and proving their good moral character and current standing in another jurisdiction. This structured approach aims to safeguard the legislative intent of providing service members with reliable legal support while maintaining professional legal standards in Texas.