After 8-Hour Meeting, Divided Texas Bar Refers ABA Model Rule 8.4(g) to Committee
Today, the Texas Bar had an eight-hour marathon meeting. One of the key issues was whether to refer ABA Model Rule 8.4(g) to the Discipline and Client Attorney Assistance Program Committee (DCAAP) Committee. Over 60 bar members spoke about the rule. (I was one of them). Over a divided vote, the motion passed. Now the Committee will consider 8.4(g). They will also consider possible revisions to Texas Disciplinary Rule 5.08.
Perhaps the Committee will recognize that 8.4(g) is unconstitutional and abandon the effort. The more likely outcome: the Committee tries to transmogrify 8.4(g) to make it look palatable, but it will still suffer from constitutional defects.
My remarks from this morning preview what will happen if the Bar adopts this rule:
Thank you for the opportunity to speak. My name is Josh Blackman. I am a constitutional law professor at the South Texas College of Law Houston, but I am here in my capacity as a member of the bar. Today, I wou
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