2 U.S.C. § 288i: Representation conflict or…

Summary

The Counsel must tell the Joint Leadership Group and any affected party when a person’s representation conflicts with other parts of the chapter or with professional duties. After that notice, the Joint Leadership Group will recommend how to fix the problem. If two-thirds of its members agree, the Counsel must follow that recommendation. If not, the Group will publish the notice and recommendation in the Congressional Record. If the Senate does not tell the Counsel to do something different within fifteen days after publication, the Counsel must follow the Group’s recommendation. Any order under this process cannot be reviewed by a court. When counting the fifteen days, Congress’s session only ends for this rule if it adjourns sine die, and days when the Senate is adjourned more than three days to a date certain are not counted. The Senate may also pass a resolution to repay any Member, officer, or employee who is not represented by the Counsel for reasonable fees and costs for hiring a lawyer, paid from the contingent fund of the Senate.

Title 2, §288i

The Congress, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this title”, meaning title VII of Pub. L. 95–521, which enacted this chapter, section 5504 of this title, and section 1364 of Title 28, Judiciary and Judicial Procedure, and amended section 3210, 3216, and 3219 of Title 39, Postal Service. For complete classification of title VII to the Code, see Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.

§288i Representation Conflict or Inconsistency