§ 288i. — Representation conflict or inconsistency.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC288i]
TITLE 2--THE CONGRESS
CHAPTER 9D--OFFICE OF SENATE LEGAL COUNSEL
Sec. 288i. Representation conflict or inconsistency
(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) of this section--
(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.
(Pub. L. 95-521, title VII, Sec. 710, Oct. 26, 1978, 92 Stat. 1882.)
