In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: the question of competency of counsel. Balanced against this is the possibility, in most instances quite l’emote, that an experienced member of the public defender’s staff might labor under a conflict of interest because another member of the staff was so burdened. People v. Robinson, 79 Ill.2d 147, 37 Ill.Dec. 267, 402 N.E.2d 157, 162 (1979). These two considerations outweigh any possible chilling effect on attorney client relationships at OPD. See also, Bolin v. State, 137 P.3d 136, 145 (Wyo.2006) (stating that, although conflicts involving associates at a private firm are imputed to entire firm, public defenders office “warrants slightly different treatment[,]” and adopting a ease by case analysis); cf. People v. Daniels, 52 Cal.3d 815, 277 Cal.Rptr. 122, 802 P.2d 906, 915 (1990) (<HOLDING>); People v. Banks, 121 Ill.2d 36, 117 Ill.Dec. 
 Holding statements: (A) recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public (B) holding that public meeting did not satisfy public participation requirement because public did not receive adequate notice (C) holding designated counsel acting on behalf of the office of public defender in law guardian program to be public employees for purpose of the new jersey tort claims act njsa 5911 to 123 and therefore entitled to indemnification by the state (D) holding that public defender did not face conflict requiring withdrawal when bringing collateral attack of a defendants conviction public defender was required to attack competence of previous public defender and stating that automatic disqualification  would hamper the ability of public defenders offices to represent indigents in criminal cases (E) holding a federal public defender is not a federal officer for purposes of a bivenstype action

Answer: (D)


Question: then the trial court erred in allowing prejudgment interest to accrue on that sum at 10% per annum “[bjecause no prejudgment interest statute applies to this case.” Assuming arguendo that their argument was true, then the answer to the problem is found in their own brief. They acknowledge that the prejudgment interest scheme established under § 304.101 et seq. of the Texas Finance Code applied if no other statute did. See Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 530-31 (Tex.1998) (dealing with Texas Revised Civil Statute art. 5069-1.05, § 6(a), the predecessor to § 304.101 et seq. of the Texas Finance Code). And, at the time of judgment, see Natural Gas Clearinghouse v. Midgard Energy, Co., 113 S.W.3d 400, 414 (Tex.App.-Amarillo 2003, pet. denied) (<HOLDING>), prejudgment interest accrued at the rate of 
 Holding statements: (A) holding that once a rate is filed with the appropriate agency except for review of the agencys orders the courts can assume no right to a different rate on that ground that in its opinion it is the only or the more reasonable rate (B) holding that the applicable rate is that in existence at the time of judgment (C) holding that in order to qualify as newly discovered evidence the evidence must have been in existence and hidden at the time of judgment (D) holding that the penalty is applicable (E) holding that the proper rate for prejudgment interest is the rate fixed by the parties in a contract

Answer: (B)


Question: Cordova’s final policymaking authority concerning the termination or transfer of employees. For the aforesaid reasons, I conclude summary judgment should enter against Singer on the § 1981 and § 1983 claims against the School District. B. Liability of Cordova under § 1981. I have concluded the School District is not liable to Singer under § 1981. I consider Defendants’ additional argument concerning the § 1981 claim since it remains of relevance to Singer’s § 1981 claim against Cor-dova. Defendants argue § 1981 does not apply to religious discrimination and the claim should be dismissed insofar as it is based on such discrimination. See Shapolia v. Los Alamos Nat’l Lab., 992 F.2d 1033, 1036 n. 3 (10th Cir.1993); Manzanares v. Safeway Stores, Inc., 593 F.2d 968, 971 (10th Cir.1979) (<HOLDING>). Singer cites the holding in Shaare Tefila 
 Holding statements: (A) holding discrimination based on pregnancy was not sex discrimination (B) holding that allegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex (C) holding that a violation of  1981 requires purposeful race discrimination (D) holding that racial discrimination is not a personal injury tort (E) holding  1981 is directed to racial discrimination although not necessarily limited to the technical or restrictive meaning of race but does not apply to sex or religious discrimination

Answer:
(E)