CDC and BODA’s ineffective and improper Notices Procedure and Grievance Denial Procedures is an absurd “finger pointing exercise” and an embarrassment to the Commission for Lawyer Discipline. After an improper CDC classification of a Grievance as an “Inquiry-to-be-dismissed and, therefore, inconsequential to respondent attorneys,” CDC and BODA absurdly blame each other for the failure to classify a Grievance and Amendment as a Complaint when it describes and documents offenses which are clearly recognized as violations of the Texas Disciplinary Rules of Professional Conduct (TDRPC).
· BODA points the blame at the CDC in the false and unauthorized standard Grievance Rejection and Denial Notice form letter, i.e., the standard form letter dated November 19th, 2014): “After reviewing the grievance as filed with the State Bar Chief Disciplinary Counsel of the State Bar of Texas and no other information, the Board has determined that your appeal should not be granted as the conduct described does not allege a violation of the Texas Disciplinary Rules of Professional Conduct. Therefore, the Board affirms the dismissal of the grievance by the Office of the Chief Disciplinary Counsel.”
· CDC points the blame back at BODA. On December 29th, 2014, after failing to classify a Grievance filed on August 19th, 2014 and the Amended Grievance filed on December 8th, 2014 as a “Complaint” even though both fully describe and document Professional Misconduct of Adam Alden Campbell as defined in the TDRPC, CDC refused to review my Amended Grievance filed on December 8th, 2014. Per CDC’s letter Re: 201407386 Debbie G. Asbury – Adam Alden Campbell dated December 29th, 2014, CDC’s Assistant Disciplinary Counsel S.M. Beckage rejected my Amendment indicating: “these allegations have been previously considered and dismissed by The Board of Disciplinary Appeals. Accordingly, this grievance has been dismissed as an Inquiry.”
· BODA points the blame at the CDC in the false and unauthorized standard Grievance Rejection and Denial Notice form letter, i.e., the standard form letter dated November 19th, 2014): “After reviewing the grievance as filed with the State Bar Chief Disciplinary Counsel of the State Bar of Texas and no other information, the Board has determined that your appeal should not be granted as the conduct described does not allege a violation of the Texas Disciplinary Rules of Professional Conduct. Therefore, the Board affirms the dismissal of the grievance by the Office of the Chief Disciplinary Counsel.”
· CDC points the blame back at BODA. On December 29th, 2014, after failing to classify a Grievance filed on August 19th, 2014 and the Amended Grievance filed on December 8th, 2014 as a “Complaint” even though both fully describe and document Professional Misconduct of Adam Alden Campbell as defined in the TDRPC, CDC refused to review my Amended Grievance filed on December 8th, 2014. Per CDC’s letter Re: 201407386 Debbie G. Asbury – Adam Alden Campbell dated December 29th, 2014, CDC’s Assistant Disciplinary Counsel S.M. Beckage rejected my Amendment indicating: “these allegations have been previously considered and dismissed by The Board of Disciplinary Appeals. Accordingly, this grievance has been dismissed as an Inquiry.”
Although the Office of the Disciplinary Counsel refused to read an Amendment RE: Debbie G. Asbury v. Adam Alden Campbell, 201407486; BODA Case No. 55572, it appears from a strange letter I received from The Board of Disciplinary Appeals, BODA, that BODA will "consider only the material in the grievance that the Office of the Chief Disciplinary Counsel reviewed." I can only assume that BODA is, therefore, refusing to review my Amendment.
The letter from BODA is not signed by Christine E. McKeeman, Executive Director & General Counsel, as is customary. It is signed by Jackie L. Truitt, Executive Assistant of the Board of Disciplinary Appeals (BODA). It is alarming to note that Executive Assistant Jackie L. Truitt failed to spell the word "Disciplinary" correctly in her letter dated January 8th, 2015. Apparently, the letter is not a "standard form letter" and Executive Assistant Truitt does not have "spell-checker."
The letter from BODA is not signed by Christine E. McKeeman, Executive Director & General Counsel, as is customary. It is signed by Jackie L. Truitt, Executive Assistant of the Board of Disciplinary Appeals (BODA). It is alarming to note that Executive Assistant Jackie L. Truitt failed to spell the word "Disciplinary" correctly in her letter dated January 8th, 2015. Apparently, the letter is not a "standard form letter" and Executive Assistant Truitt does not have "spell-checker."
I have submitted proof to Guy Harrison, Chair, Commission for Lawyer Discipline, State Bar of Texas, PO Box 12487, Austin, TX 78711-2487 that the Office of the Chief Disciplinary Counsel (CDC) and the Board of Disciplinary Appeals (BODA) are promulgating an improper Notices Procedure and a Grievance Denial Procedure directly opposing TEX GV. CODE, Section 81.073, which is meant to protect the Rights of Complainants in the Grievance Process.
From the Chair of the Commission for Lawyer Discipline
August 31, 2014
On behalf of the Commission for Lawyer Discipline, the information contained in
this report is submitted on the attorney disciplinary system for the State of Texas for
the period of June 1, 2013, through May 31, 2014. Some of the highlights from the past
year are:
• The Commission prosecuted several high-profile disciplinary matters, including
one involving the former prosecutor of a wrongfully imprisoned man, which
drew national attention.
• The Commission and the Office of Chief Disciplinary Counsel hosted a
well-attended annual grievance symposium.
• CDC responded to almost 300 media inquiries and continues to work with the
Client-Attorney Assistance Program on a public service announcement that will be released
during the 2014-2015 bar year.
• CDC continued to provide training and education to grievance committee members statewide, including an online training session on the handling of attorneys’ fees.
• CDC assisted the Client Security Fund subcommittee in granting more than $1 million to applicants.
• CDC obtained 322 finalsanctions, resolving 403 complaints and collecting $345,219 in attorneys’ fees.
• CDC assisted the State Bar of Texas Task Force on Aging Lawyer Issues.
• CDC staff members presented 50 continuing legal education coursesto Texaslawyers.
• The Commission assisted the Supreme Court of Texas in rule revisions, extending the filing period and eliminating private reprimands in situations involving a prosecutor's professional misconduct that resulted in a person's wrongful conviction.
During the 2013-2014 bar year, the volunteer lawyers and non-lawyer members on the Commission considered almost 400 disciplinary matters, always with the intention of protecting the public from attorney misconduct and ensuring that the disciplinary system is consistent and fair. Protecting the public while providing a fair process for Texas attorneys is a responsibility the Commission takes very seriously, and on behalf of the Commission, I am pleased to make this report.
Guy Harrison
Chair of the Commission for Lawyer Discipline
August 31, 2014
On behalf of the Commission for Lawyer Discipline, the information contained in
this report is submitted on the attorney disciplinary system for the State of Texas for
the period of June 1, 2013, through May 31, 2014. Some of the highlights from the past
year are:
• The Commission prosecuted several high-profile disciplinary matters, including
one involving the former prosecutor of a wrongfully imprisoned man, which
drew national attention.
• The Commission and the Office of Chief Disciplinary Counsel hosted a
well-attended annual grievance symposium.
• CDC responded to almost 300 media inquiries and continues to work with the
Client-Attorney Assistance Program on a public service announcement that will be released
during the 2014-2015 bar year.
• CDC continued to provide training and education to grievance committee members statewide, including an online training session on the handling of attorneys’ fees.
• CDC assisted the Client Security Fund subcommittee in granting more than $1 million to applicants.
• CDC obtained 322 finalsanctions, resolving 403 complaints and collecting $345,219 in attorneys’ fees.
• CDC assisted the State Bar of Texas Task Force on Aging Lawyer Issues.
• CDC staff members presented 50 continuing legal education coursesto Texaslawyers.
• The Commission assisted the Supreme Court of Texas in rule revisions, extending the filing period and eliminating private reprimands in situations involving a prosecutor's professional misconduct that resulted in a person's wrongful conviction.
During the 2013-2014 bar year, the volunteer lawyers and non-lawyer members on the Commission considered almost 400 disciplinary matters, always with the intention of protecting the public from attorney misconduct and ensuring that the disciplinary system is consistent and fair. Protecting the public while providing a fair process for Texas attorneys is a responsibility the Commission takes very seriously, and on behalf of the Commission, I am pleased to make this report.
Guy Harrison
Chair of the Commission for Lawyer Discipline
It is IMPORTANT to FILE a GRIEVANCE against any Texas Attorney who has acted in Barratry and Misconduct against you, even though it is certain that CDC will summarily dismiss your Grievance as "an inquiry" under the current, disordered Disciplinary System. Please copy your Grievance, copy your CDC Dismissal Notice, provide an Appeal of the Dismissal to the Board of Disciplinary Appeals (BODA) in one file. Please protest by writing a Written Complaint (per Statute below) and sending it along with your file to Guy Harrison, Chair of the Commission for Lawyer Discipline, PO Box 12487, Austin, TX 78711-2487.
. Require that Guy Harrison, Chair of the Commission for Lawyer Discipline investigate your Written Complaint per The Government Code. Title 2, Subtitle G, Chapter 81, Subchapter A, Section 81.036.
81.036. INFORMATION ON CERTAIN COMPLAINTS. (a) The state bar shall maintain a file on each written complaint, other than a grievance against an attorney, filed with the state bar. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the state bar;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to the complaint;
(5) a summary of the results of the review or investigation of the complaint; and
(6) an explanation of the reason the file was closed, if the state bar closed the file without taking action other than to investigate the complaint.
(b) The state bar shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the state bar's policies and procedures relating to complaint investigation and resolution.
(c) The state bar, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 12, eff. Sept. 1, 2003
81.036. INFORMATION ON CERTAIN COMPLAINTS. (a) The state bar shall maintain a file on each written complaint, other than a grievance against an attorney, filed with the state bar. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the state bar;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to the complaint;
(5) a summary of the results of the review or investigation of the complaint; and
(6) an explanation of the reason the file was closed, if the state bar closed the file without taking action other than to investigate the complaint.
(b) The state bar shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the state bar's policies and procedures relating to complaint investigation and resolution.
(c) The state bar, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 12, eff. Sept. 1, 2003
My Research has made certain that that the STATE BAR OF TEXAS is fully aware that the Office of the Chief Disciplinary Counsel (CDC) and the Board of Disciplinary Appeals (BODA) are denying Texas Citizens Due Process of Law accorded by the Fifth and Fourteenth Amendments to the United States Constitution. Yet, none of my multiple Written Complaints have, to date, been responded to by State Bar Officials, including but not limited to: Laura Popps, Deputy Counsel, Austin Regional Office, Catherine Wylie, Chair of the Grievance Oversight Committee and Guy Harrison, the Chair of the Commission for Lawyer Discipline.
CDC's rejection of any Grievances, and failure to make any record, and classify any Grievance cannot be abided by Texas Citizens per Statutes and Rules:
(1.) Rule 8.4: Misconduct - American Bar Association, Maintaining the Integrity of the Profession
(2.) TEX GV. CODE, Section 81.072 regarding the Classification of all Grievances.
(3.) The TEXAS RULES OF DISCIPLINARY PROCEDURE, Section 2.10 requiring CDC's Classification.
(4.) The Due Process Clause, which accords Complainants in the Grievance Process inalienable Rights; including the Right to Notice, the Right to Grieve, and the Right to Appeal.
CDC's rejection of any Grievances, and failure to make any record, and classify any Grievance cannot be abided by Texas Citizens per Statutes and Rules:
(1.) Rule 8.4: Misconduct - American Bar Association, Maintaining the Integrity of the Profession
(2.) TEX GV. CODE, Section 81.072 regarding the Classification of all Grievances.
(3.) The TEXAS RULES OF DISCIPLINARY PROCEDURE, Section 2.10 requiring CDC's Classification.
(4.) The Due Process Clause, which accords Complainants in the Grievance Process inalienable Rights; including the Right to Notice, the Right to Grieve, and the Right to Appeal.
On December 23rd, 2014, I received back my unread and unclassified Grievance dated July 30th, 2014, against Barron Casteel with many pages of documentation. Ms. S.M Beckage, Assistant Disciplinary Counsel, Office of the Chief Disciplinary Counsel, the State Bar of Texas, refused my Grievance for the fourth time as a "MULITIPLE GRIEVANCE" per rules that she persists are set by the Office of the Chief Disciplinary Counsel. Demonstrating a lack of respect for me as a Complainant, assistant disciplinary counsel Beckage made no response at all to my letter dated December 15th, 2014, which she did date-stamp as received on December 18th, 2014.
Could it be possible that The State Bar’s Grievance Procedure is a mockery of fairness with Appointed Officials of the SCJC, CDC, and BODA, promising to protect Texas Citizens from attorney and judicial misconduct; but, instead, the Grievance Procedure is nothing but a system of policies and practices that are aimed to benefit:
* Corrupt attorneys (especially those that participate in frivolous Lawsuits) and
* Uncontrolled and discriminatory judges who exploit Texas Citizen’s TRUST in the Justice Court System?
I will send my Grievance Form Denial Letters to the Grievance Oversight Committee today.
I want to express our thanks for the opportunity to serve the Court, the citizens of
Texas, and the legal profession. The GOC will be available to discuss this report with
the Court, or answer any questions the Court might have concerning our comments and
recommendations. Thank you for the privilege of serving the Court in this important
undertaking.
Respectfully submitted,
Judy Sebesta
Public Member
Chair, 2011-2012
cc:
Bob Black, Esq., President, State Bar of Texas
Buck Files, Esq., President-elect, State Bar of Texas
Beverly B. Godbey, Esq., Chairman of the Board of the State Bar of Texas
Ron Bunch, Esq., Chair, Commission for Lawyers Discipline
Linda Acevedo, Esq., Chief Disciplinary Counsel
W. Clark Lea, Esq., Chair, Board of Disciplinary Appeals
Kyle Lewis, Esq., Chair, State Bar Board Discipline & Client-Attorney Assistance
Comm
Texas, and the legal profession. The GOC will be available to discuss this report with
the Court, or answer any questions the Court might have concerning our comments and
recommendations. Thank you for the privilege of serving the Court in this important
undertaking.
Respectfully submitted,
Judy Sebesta
Public Member
Chair, 2011-2012
cc:
Bob Black, Esq., President, State Bar of Texas
Buck Files, Esq., President-elect, State Bar of Texas
Beverly B. Godbey, Esq., Chairman of the Board of the State Bar of Texas
Ron Bunch, Esq., Chair, Commission for Lawyers Discipline
Linda Acevedo, Esq., Chief Disciplinary Counsel
W. Clark Lea, Esq., Chair, Board of Disciplinary Appeals
Kyle Lewis, Esq., Chair, State Bar Board Discipline & Client-Attorney Assistance
Comm
The Texas attorney discipline system is administered by the Office of Chief Disciplinary Counsel (CDC), which is designed to be the “Bar’s law office,” and whose work is overseen by the Commission for Lawyer Discipline. The CDC represents the Commission in disciplinary litigation. Professionalism and results are directly tied to the public’s perception of the ability of the State Bar of Texas to discipline its own lawyers and protect the public from unethical practitioners. Soon, I will provide my compiled notes of Responses from Christine E. McKeeman, Maureen E. Ray, Seana Willing and OTHERS to Commissioner Ronald E. Bunch.
