Texas Senate Bill SB133

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

Relating to procedures for a complaint filed with the State Bar of Texas against an attorney.

Impact

The impact of SB133 on state laws is significant as it aims to create clearer protocols for the complaint process while ensuring due process for attorneys under investigation. By defining procedures for dismissal and the ability to seek trial processes, the bill could reduce the backlog of grievances that the State Bar faces, ultimately leading to a more efficient operation of disciplinary actions. Additionally, the bill stipulates that any grievance filed prior to the effective date of the changes will still adhere to the laws in place at that time, safeguarding rights and process for previously submitted cases.

Summary

SB133 proposes amendments to the existing procedures for handling complaints filed against attorneys with the State Bar of Texas. The bill modifies Section 81.075 of the Government Code, which governs the disciplinary process. Key changes include the introduction of mechanisms for the Chief Disciplinary Counsel to dismiss complaints deemed without just cause and a provision allowing attorneys to request a trial if just cause is found. The addition of new subsections is intended to streamline the process and clarify the roles of the counsel and the Supreme Court in managing these complaints.

Contention

While the bill introduces beneficial procedural clarity, some potential points of contention may arise regarding the balance between swift resolution and thorough investigations. Critics may argue that the ability for complainants to have their cases dismissed without sufficient review could undermine accountability within the legal profession. Furthermore, there could be concerns regarding the impact of trial requests on the efficiency of handling complaints, potentially leading to prolonged hearings in some cases.

Texas Constitutional Statutes Affected

Government Code

• Chapter 81. State Bar
  • Section: New Section