33rd / 424th District Courts

This is written while the case is still ongoing so I must be circumspect in any current comments about it. This "clip" has nothing actually to do with the case at hand, but with the matters of attorney discipline in general.

It is now after 5pm as I sit in the chambers formerly occupied by the Hon. Frank Montalvo who has moved on to a federal bench. The Texas Supreme Court assigns judges from outside the administrative region where the discipline case is to be heard and this is the second one to which I been assigned since 1997. And thus I find myself in San Antonio hearing this discipline case.

All attorneys dread the letter from the State Bar advising that a grievance has been filed. Even when they know they've not actually committed grievable misconduct the matter takes a considerable amount of time for a response even if they never have to appear before a grievance panel -- and not an inconsiderable level of angst.

If the matter goes further, then the Commission for Lawyer Discipline may file a suit in district court for the imposition of sanctions on the lawyer. Reprimands, public or private, suspension from practice possibly probated for a period and even disbarment are all potential sanctions. It is a sobering experience for the lawyer and I must say for all concerned in the proceeding.

I find myself very contemplative at this moment as the evidence will continue tomorrow and ultimately I must make a decision about a lawyer's future -- possibly even his livelihood. I alone must make it as the trial is before the bench without a jury. No conclusions may be drawn before the close of the evidence and hearing the final arguments of counsel but I am already mindful of the importance of this matter and it weighs heavily ... even now in the twilight of the day.

This matter is not necessarily any more or less weighty than many of the decisions a judge is called upon to make but it does rank highly in that regard because it involves a fellow lawyer -- yes, judges are still lawyers but we must stand apart from, and above, any consideration of what might be viewed as "professional courtesy." This I shall do but with careful thought and prayer.

The public's confidence in lawyers and the profession's dignity and integrity require no less.