Texas Supreme Court adds, amends Harvey-related orders

Originally published by Lowell Brown.

Editor’s Note: The Texas Supreme Court issued the following advisory Wednesday regarding its emergency orders related to Hurricane Harvey.

The Texas Supreme Court has amended orders relating to problems created by Hurricane Harvey and its aftermath, amending one to allow out-of-state lawyers to practice temporarily in Texas and adding others (1) to permit the Aransas County court at law to sit in San Patricio County and (2) extending the August 31 deadline to pay State Bar membership fees for attorneys whose principal offices are in areas subject to disaster declarations.

The following orders have been issued and posted to the Court’s webpage:

Joint Order with Court of Criminal Appeals to Modify and Suspend Court Proceedings

• All courts in Texas should consider disaster-caused delays as good cause for modifying or suspending all deadlines and procedures—whether prescribed by statute, rule, or order—in any case, civil or criminal.

Emergency Order Resetting Limitations in Civil Cases

• Because statutes of limitations are not subject to a good-cause exception, the Supreme Court orders, pursuant to Government Code Section 22.0035(b), that any applicable limitations statute is suspended for any civil claim if the claimant shows that the disastrous conditions resulting from Hurricane Harvey prevented the timely filing of the claim despite the party’s and counsel’s diligent efforts. Any such suspension extends only to the date on which it becomes reasonably possible to file the claim despite the disastrous conditions, taking into account the circumstances.
• Expires September 28, 2017, unless the Court extends it.

Order Permitting Out-of-State Lawyers to Practice Temporarily in Texas

• Affects attorneys in good standing where they are licensed to practice law outside Texas and either (1) are displaced because of Hurricane Harvey and are practicing in Texas remotely as if the practicing in their home jurisdictions or (2) are retained by a legal-aid or pro bono program or a bar association providing services to Hurricane Harvey victims. Attorneys must register for temporary practice (form attached to order) with the State Bar of Texas and agree to abide by the Texas Disciplinary Rules of Professional Conduct and to submit to Texas disciplinary jurisdiction.

Amended Order Permitting Out-of-State Lawyers to Practice Temporarily in Texas

• References to practicing law in Texas have been changed to practicing Texas law and language requiring an attorney to register with the State Bar of Texas changed to as soon as possible after beginning to provide services under this order.
• Language referring to an attorney retained by a legal-aid or similar organization has been changed to providing services under this order to assure the order applies to attorneys who provide pro bono services for no compensation.

Joint Order with Court of Criminal Appeals Authorizing the Aransas County County Court at Law to Conduct Proceedings Temporarily in San Patricio County

Order Extending Deadline for Payment of State Bar Membership Fees by Certain Attorneys Affected by Hurricane Harvey

• For Texas attorneys whose principal offices are counties declared disaster areas, the deadline for paying State Bar membership fees is extended to October 31, 2017. Failure to meet that deadline will result in automatic suspension November 1, 2017.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

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