Texas Rules of Disciplinary Procedure Back to Outline

(Tex. R. Disciplinary P., reprinted in Tex. Govt Code Ann,. tit. 2, subtit. G app. (Vernon Supp. 1995)

XVII MISCELLANEOUS PROVISIONS 17.06 Limitations, General Rule and Exceptions

A. General Rule: No attorney may be disciplined for Professional Misconduct that occurred more than four years before the date on which a Grievance alleging the Professional Misconduct is received by the Chief Disciplinary Counsel.

B. Exception: Compulsory Discipline: The general rule does not apply to a Disciplinary Action seeking compulsory discipline under Part VIII.

C. Exception: Alleged Violation of the Disclosure Rule: A prosecutor may be disciplined for a violation of Rule 3.09(d), Texas Disciplinary Rules of Professional Conduct, that occurred in a prosecution that resulted in the wrongful imprisonment of a person if the Grievance alleging the violation is received by the Chief Disciplinary Counsel within four years after the date on which the Wrongfully Imprisoned Person was released from a Penal Institution.

D. Effect of Fraud or Concealment: Where fraud or concealment is involved, the time periods stated in this rule do not begin to run until the Complainant discovered,or in the exercise of reasonable diligence should have discovered, the Professional Misconduct.

Bluebook Citation

Texas Rules of Disciplinary Procedure. § 17.06, (Texas Center for Legal Ethics, 2023) from https://legalethicstexas.com/resources/rules/texas-rules-of-disciplinary-procedure/limitations-general-rule-and-exceptions/ (last visited Jan 29, 2023)