Texas SCT Responds to First Amendment Concerns in Attorney Disciplinary Rules

The Texas Rules of Disciplinary Procedure bar anyone who files a complaint against an attorney from disclosing pretty much anything having to do with the allegations, whether those disclosures are made publicly or in private.  Rule 2.16 states that disciplinary proceedings are "strictly confidential and not subject to disclosure" even by the complaining party, except by court order, when the respondent consents, or when the lawyer has been convicted for a serious crime. 

On January 1, 2010, however, Supreme Court Order 09-9191 takes effect.  The revision lifts the gag rule on complaining parties, though a confidentiality requirement still applies to disciplinary officers in most circumstances until any appeals are exhausted.   

I'm not sure how common these confidentiality provisions are, but a similar rule in Louisiana was ruled unconstitutional last April by that state's supreme court.  Texas did the right thing here by aligning it's own rules with the First Amendment, and in doing so fending off a likely legal battle.

-Kathleen Bergin