The Honorable Carolyn H. Spears, Judge, and Jesse Casias, Relators v. the Fourth Court of Appeals, Respondent

Summary

The Texas Supreme Court granted the petition for a writ of mandamus, vacating the Fourth Court of Appeals’ order that had conditionally mandated disqualification of an attorney and his firm. The Court held that the State failed to meet its burden of proving a conflict under Rule 1.10 or Rule 3.08 of the Texas Disciplinary Rules, and therefore the trial court did not abuse its discretion in refusing disqualification. The decision emphasizes that disqualification requires a showing of personal and substantial participation or actual confidential information, not merely a former government position.