Texas Senate Bill SB1457

Texas 2025 - 89th Regular

• Filed: 2/19/25

Caption

Relating to a district or county attorney participating as counsel in certain proceedings.

Impact

The bill impacts the ability of district and county attorneys to take on certain legal roles after their tenure, specifically relating to prosecutions where they previously acted for the state. By preventing these attorneys from representing opposing parties in cases they have previously worked on as state counsel, the bill aims to enhance ethical standards and discourage any conflicts of interest in legal proceedings. It also clarifies the restrictions that apply post-tenure, which is intended to uphold the integrity of the legal process.

Summary

SB1457 amends Article 2A.105 of the Texas Code of Criminal Procedure concerning the participation of district or county attorneys as counsel in certain legal proceedings. The bill specifically outlines that a district or county attorney is prohibited from serving as legal counsel in opposition to the state in any case, except when appointed as an attorney ad litem under specific conditions. This creates a clearer guideline around potential conflicts of interest for attorneys in these positions.

Contention

Notable points of contention surrounding SB1457 include discussions about the implications for former district or county attorneys who may seek to represent clients in cases that intersect with their previous work. Opponents of the bill might argue that it imposes unnecessary restrictions on legal practitioners, potentially limiting their ability to work effectively in the legal field after serving in public office. Supporters argue that such provisions are essential for maintaining ethical standards in the legal profession and ensuring that the interests of the state remain prominent in legal proceedings.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 2. General Duties Of Officers
  • Section: New Section

Family Code

• Chapter 262. Procedures In Suit By Governmental Entity To Protect Health And Safety Of Child
  • Section: New Section