Conditional or Probationary Bar Licenses in Texas
Requirements for Conditional or Probationary Bar License1) if the "Applicant suffers from chemical dependency or has been convicted of, or is on probation for, a first offense of driving while intoxicated under Texas Penal Code ?49.04; or
2) in other circumstances, on the record before it, the Texas Board of Law Examiners determines that the protection of the public requires the temporary monitoring of the Applicant" .
The Texas Board of Law Examiners does "not have the authority to refuse to recommend the granting of a Probationary License to an Applicant who has passed the applicable bar examination solely because the Applicant suffers from chemical dependency or has been convicted of a first offense for driving while intoxicated under Texas Penal Code ?49.
Order recommending issuance of a Probationary License"shall specify the conditions of the license, which may include, but are not limited to, the following:
"(1) prohibiting the use of alcohol or controlled substances;
"(2) requiring treatment for chemical dependency;
"(3) requiring the individual to practice law under the supervision of an attorney admitted to the Texas Bar;
"(4) requiring submission to periodic, random drug testing;
"(5) requiring the individual to report periodically to the Board;
"(6) requiring suspension, for any portion of the probationary period of an activity for which a license to practice law is required;
"(7) requiring the individual to reside continuously in Texas during the period of the Probationary License, unless for good cause shown, the Board waives such requirement; or
"(8) requiring the individual to take specific actions designed to cure or end any deficiencies in his or her moral character and fitness, as determined by the Board.."
Term Length of Probationary or Conditional Bar LicenseProbationary Licenses expire at different intervals depending on the basis for the issuance of the Probationary License: two (2) years from the anniversary date of issuance based solely on chemical dependency, unless temporarily extended; or on the dated specified in the Order of issuance. A Probationary Licensee may apply for renewal or a regular license by written request at least sixty (60) days before the expiration date of the Probationary License. If chemical dependency was an issue, the Probationary Licensee, prior to the redetermination hearing (a hearing is required), must submit to an evaluation, at the Licensee's cost, by a treatment facility approved by the Texas Board of Law Examiners. If chemical dependency has been an issue, the Probationary Licensee must have successfully completed treatment and been free from chemical dependency for the preceding two years.
Violation of Condition of Probationary LicenseIf the BLE finds a condition of the Probationary License has been violated, whether the issue is chemical dependency or another issue, it may either extend the Probationary License or terminated or immediately revoke the Probationary License. If a Probationary License has been terminated or revoked, the Applicant must begin the licensure process anew in accordance w/the Board order recommending such termination or revocation of the person wishes to attempt re-issuance.
The BLE will initiate & maintain a working relationship with the Lawyers Assistance Program or similar program of the State Bar of Texas in order to provide for the evaluation & referral to treatment for those persons issued a Probationary License; however treatment and professional evaluation is at the sole expense of the Probationary Licensee.