A practicing attorney habitually engages in the practice of acting as surety on bail bonds in criminal cases, thereafter representing the individuals upon whose bond he acts as surety. The

A practicing attorney habitually engages in the practice of acting as surety on bail bonds in criminal cases, thereafter representing the individuals upon whose bond he acts as surety. The Judge of the District Court of the county where the above practice occurs has entered an order, which is filed with the District Clerk, authorizing the lawyer-bondsman to engage in the practice as acting as surety. It is the practice of the Sheriff’s office at the county jail to exhibit a list of attorney bondsmen and non-attorney bondsmen to the prisoners that are placed in the jail. 1. Is it a violation of the Texas Bar Canons of Ethics for an attorney to habitually engage in the practice of making bail bonds in criminal cases? 2. Is it a violation of the Texas Bar Canons of Ethics for an attorney who habitually engages in the practice of making bonds in criminal cases to represent in Court that person upon whose bond he is surety in the criminal case in which the bond is made? 3. Is it a violation of the Texas Bar Canons of Professional Ethics for an attorney to allow his name to be on a bondsman list with non-attorney bondsmen, which list is shown to each prisoner placed in the county jail? 4. Is an order filed in a Court of record generally authorizing an attorney to engage in the practice of making bail bonds in criminal cases sufficient to ethically authorize that attorney to act as surety on a bail bond in any and all criminal cases? 5. Must the attorney secure an order from the Judge of the Court in which the criminal case is pending in each individual case authorizing him to act as surety on the bond prior to his so acting as surety on the bail bond in said case? 6. May a county bar association, after deliberation and discussion, by resolution, authorize an attorney to be on a bondsman list with non-attorneys, said list with the consent of the Sheriff’s office and to he exhibited to each prisoner at the time said prisoner is admitted to jail? 7. May a county bar association, after deliberation and discussion, authorize an attorney to be on a list, said list with the consent of the Sheriff’s office to be maintained by the Sheriff’s office and to be exhibited to each prisoner at the time said prisoner is admitted to jail?

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