6.06 Court and Board of Disciplinary Appeals Opinions

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A. Court Opinions: In any case arising out of a Complaint, an opinion of a court of appeals
issued on or after May 1, 1992 has precedential value regardless of its designation.

B. Board of Disciplinary Appeals Opinions: Board of Disciplinary Appeals opinions are
open to the public and must be made available to public reporting services, print or electronic,
for publishing. These opinions are persuasive, not precedential, in disciplinary proceedings tried
in district court.

Comment to 2009 change: Rule 6.06 is divided into two subdivisions. The language in
Subdivision A is amended to remove an outdated reference to the official reporter system and to
be consistent with Texas Rule of Appellate Procedure (TRAP) 47 amendments intended to
prospectively discontinue designating opinions as either ―published‖ or ―unpublished.‖ The
erroneously designated opinions addressed in subdivision A have precedential value from May 1,
1992 on because that is the effective date of the prior version of the rule, which mandated
publication of ―[a]ll cases involving the Professional Misconduct or Disability of an attorney
appealed to the Courts of Appeal [sic] or to the Supreme Court of Texas.‖ New Subdivision B
addresses Board of Disciplinary Appeals (BODA) opinions and includes a distribution provision
similar to TRAP 47.3. This change provides for the publication of BODA opinions issued in any
type of case, whether pursuant to BODA’s original or appellate jurisdiction.
 

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