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JOE v. TWO THIRTY NINE JOINT VENTURE

No. 02-0218.

145 S.W.3d 150 (2004)

Harry J. JOE and Jenkens & Gilchrist, A Professional Corporation, Petitioners, v. TWO THIRTY NINE JOINT VENTURE, Respondent.

Supreme Court of Texas.

Decided September 3, 2004.

Attorney(s) appearing for the Case

Jeff Archer, Austin, for Amicus Curiae J.E. "Buster" Brown.

Roger Townsend, Alexander Dubose Jones & Townsend LLP, Houston, for Amicus Curiae Greenberg Traurig of New York.

Reagan W. Simpson, King & Spalding LLP, Houston, for Amicus pro se.

N. Bennett Sandlin, Austin, for Amicus Curiae Texas Municipal Leaguetexas Municipal League.

Amy Warr, Office of Attorney Gen., Austin, for Amicus Curiae The State of Texas.

Boyd Aaron Mouse, Kane Russell Coleman & Logan, David L. Patterson, Godwin & Gruber, L.L.P., Dallas, for other interested parties.

Russell James DePalma, Michael P. Lynn, John T Cox, Lynn Tillotson & Pinker, LLP, Robert E. Goodfriend, McKool Smith, P.C., B. Prater Monning III, Monning & Wynne, L.L.P., Dallas, for Petitioners.

Donald E. Godwin, David L. Patterson, Chad Michael Ruback, Godwin & Gruber, L.L.P., Dallas, for Respondent.

Justice WAINWRIGHT delivered the opinion of the Court.

We consider the applicability of legislative and official immunity to legislators, who are also practicing attorneys, when their public and private professional responsibilities conflict. Our legal system has long recognized the vital role of the fiduciary duties that attorneys owe their clients. Our system of government charges legislators with fidelity to the public...

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