ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

2 U.S.C. § 288iRepresentation conflict or inconsistency

submitted 48 years ago by Pub. L. 95-521 to r/title-2-THE-CONGRESS · 332 words · no verdicts yet

in plain englishAI-generated · not legal advice

If the Senate Legal Counsel's representation of someone conflicts with another duty or with legal ethics rules, the Counsel must tell the Joint Leadership Group and everyone affected. The Group then recommends how to fix the conflict; if two-thirds agree, the Counsel must follow that fix. Otherwise, the recommendation gets published in the Congressional Record, and if the Senate doesn't step in within 15 days, the Counsel follows the recommendation anyway. A Senate resolution can also let members, officers, or employees who aren't represented by the Counsel get reimbursed for their own lawyer's fees from Senate funds.

(a) Notification of conflicts. While carrying out this chapter, the Counsel must notify the Joint Leadership Group, and any party or person affected, whenever there is a conflict or inconsistency between representing that party or person and either carrying out some other part of this chapter, or following professional ethics standards. (b) Resolving the conflict. Once notified, the Joint Leadership Group's members must recommend what action to take to avoid or resolve the conflict. If two-thirds of the Group votes for that recommendation, the Counsel must take the necessary steps to resolve the conflict as recommended. If not, the Group must have the notification and its recommendation published in the Congressional Record. If the Senate does not direct the Counsel, within fifteen days of that publication, to resolve the conflict some other way, the Counsel must act to resolve it as recommended. No court may review any instruction or decision made under this subsection. (c) Counting the fifteen days. For counting that fifteen-day period: (1) a session's continuity is only broken by Congress adjourning "sine die" (with no set return date); and (2) days when the Senate is out because of an adjournment of more than three days to a set date do not count. (d) Reimbursement. The Senate may, by resolution, authorize reimbursing a Member, officer, or employee who is not represented by the Counsel for their reasonably incurred fees and costs — including attorneys' fees — in getting their own representation. That reimbursement comes from the Senate's contingent fund.
the actual law source: uscode.house.gov ↗public domain
(a) Notification

In the carrying out of the provisions of this chapter, the Counsel shall notify the Joint Leadership Group, and any party represented or person affected, of the existence and nature of any conflict or inconsistency between the representation of such party or person and the carrying out of any other provision of this chapter or compliance with professional standards and responsibilities.

(b) Solution; publication in Congressional Record; review

Upon receipt of such notification, the members of the Joint Leadership Group shall recommend the action to be taken to avoid or resolve the conflict or inconsistency. If such recommendation is made by a two-thirds vote, the Counsel shall take such steps as may be necessary to resolve the conflict or inconsistency as recommended. If not, the members of the Joint Leadership Group shall cause the notification of conflict or inconsistency and recommendation with respect to resolution thereof to be published in the Congressional Record of the Senate. If the Senate does not direct the Counsel within fifteen days from the date of publication in the Record to resolve the conflict in another manner, the Counsel shall take such action as may be necessary to resolve the conflict or inconsistency as recommended. Any instruction or determination made pursuant to this subsection shall not be reviewable in any court of law.

(c) Computation of period following publication

For purposes of the computation of the fifteen day period in subsection (b)—

(1)

continuity of session is broken only by an adjournment of Congress sine die; and

(2)

the days on which the Senate is not in session because of an adjournment of more than three days to a date certain are excluded.

(d) Reimbursement

The Senate may by resolution authorize the reimbursement of any Member, officer, or employee of the Senate who is not represented by the Counsel for fees and costs, including attorneys’ fees, reasonably incurred in obtaining representation. Such reimbursement shall be from funds appropriated to the contingent fund of the Senate.

Source credit: (Pub. L. 95–521, title VII, § 710, Oct. 26, 1978, 92 Stat. 1882.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-521 · 92 Stat. 1882

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-521 on 1978-10-26.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case