The following reflects an amendment to Rule VIII. The amendment
adds paragraph (e) as indicated. The amendment became effective March 24, 2009.
Rule VIII
Determination of Declarant Character and Fitness
(a) After completing its own investigation, the Board shall
thereupon determine whether, on all the documentation before it at this stage,
the Board is satisfied that the Declarant possesses the good moral character and
fitness necessary for admission to the Texas Bar and shall advise the Declarant
accordingly, no later than the 270th day after the date the Declaration and fees were
filed with the Board. If the determination is that the Declarant does not have
the requisite good moral character and fitness, such notice shall include:
-
a detailed analysis of the results of the investigation;
and
-
an objective list of actions, if any, which the Declarant may
take to correct the deficiencies and become qualified for admission to the bar
after passing the Texas Bar Examination.
(b) A hearing may be set on any such preliminary negative
determination, in accordance with the provisions of Rule XV.
(c) If the Board determines that a Declarant may suffer from
chemical dependency, the Board shall direct the Declarant to meet with
representatives of the Lawyers Assistance Program of the State Bar of Texas or a
similar program of the State Bar, and may require that the Declarant submit to a
treatment facility for evaluation.
(d) If the Board determines that a Declarant does suffer from
chemical dependency, the Board shall assist the Declarant in working with the
Lawyers Assistance Program of the State Bar of Texas or a similar program of the
State Bar in order to address the dependency.
(e) Any preliminary determination that the Declarant possesses
the good moral character and fitness necessary for admission to the Texas Bar is
issued on the condition that the Declarant has faithfully complied with these
Rules. If at any time before the Declarant is certified to the Supreme Court for
licensure it appears that the Declarant obtained such preliminary determination
via fraud, concealment, deception, material omission, or by failure to comply
with these Rules, the Board may suspend such preliminary determination and
continue its investigation for an additional 90 days from the date the Board
discovers the apparent fraud, concealment, deception, material omission, or
failure to comply with these Rules. [Amended March 24, 2009.]
Rulebook
since April 2, 2009
Last modified
08/05/09 07:20 AM
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