BEFORE THE BOARD OF DISCIPLINARY APPEALSAPPOINTED BY

THE SUPREME COURT OF TEXAS

IN THE MATTER OF §RODRIGO MARTINEZ, JR. § CAUSE NO. 56590STATE BAR CARD NO. 13144200 §

FIRST AMENDED PETITION FOR COMPULSORY DISCIPLINE

TO THE BOARD OF DISCIPLINARY APPEALS:

Petitioner, the Commission for Lawyer Discipline (hereinafter called ‘Petitioner’), brings

this action against Respondent, Rodrigo Martinez, Jr., (hereinafter called “Respondent’), showing

as follows:

1. This action is commenced by Petitioner pursuant to Pan VIII of the Texas Rules of

Disciplinary Procedure. Petitioner is also providing Respondent a copy of this Boards procedures

for handling a compulsory discipline matter by attaching a copy of such procedures to this petition.

2. Respondent, Rodrigo Martinez, Jr., may be served with a true and correct copy of

this Petition for Compulsory Discipline, its attachments, as well as a notice of hearing, at Rodrigo

Martinez, Jr., 2628 W. Chapin, Edinburg, Texas 78541.

3. On or about June 6,2012. Respondent was charged by Indictment (Exhibit 1) with

Theft over $200,000, in Cause No. CR-21 52-12-G. styled Stale of Texas i Rodrigo Martinez. Jr.,

in the 139th Judicial District Court of Ilidalgo County. Texas.

4. On or about June 16, 2015, a Judgment of Conviction by Jury and Sentence to the

Institutional Division of the Texas Department of Criminal Justice (Exhibit 2) was entered in Case

No. CR-2l52-12-G. styled The Stale of Texas v. Rodrigo Martinez. Jr. Defendant, in the 370th

Judicial District Court of Hidalgo County. Texas. wherein Respondent was found guilty of Theft

Rodrigo Ahsrtntez. Jr. Fast ‘Intended Petition For Compulson Discipline

Page 1

of the value of $200,000 or more, a First Degree Felony, and was sentenced to seven (7) years

imprisonment in the Institutional Division of the Texas Department of Criminal Justice, ordered

to pay court costs of $228.00 and restitution in the amount of $410,000.00. Attached hereto and

made a part hereof for all intents and purposes as if the same were copied verbatim herein. are true

and correct copies of the following documents in the Martinez criminal case: Indictment (Exhibit

1) and Judgment of Conviction by Jury and Sentence to the Institutional Division of the Texas

Department of Criminal Justice (Exhibit 2). Petitioner expects to introduce certified copies of

Exhibits I and 2 at the time of hearing of this cause.

5. Respondent, Rodrigo Martinez. whose bar card number is 13144200, is the

same person as the Rodrigo Martinez. Jr., who is the subject of the Indictment and Judgment

described above, true and correct copies of which are attached hereto as Exhibits I and 2.

6. Attached hereto as Exhibit 3 and made a part hereof for all intents and purposes as

if the same were copied verbatim herein is a true and correct copy of an affidavit of Judith Gres

DeBeny, Attorney of Record lbr Petitioner herein, attesting to the fact that Respondent is the same

person as the person who is the subject of the Indictment and Judgment entered in the Martinez

criminal case. Petitioner expects to introduce the original of said affidavit at the time of hearing of

this cause.

7. The offense for which Respondent was convicted is an intentional crime as defined

by Rule 1.06(T), Texas Rules of Disciplinary Procedure. It is as well a serious crime as defined

by Rule 1.06(Z), Texas Rules of Disciplinary Procedure.

8. Having been found guilty and having been convicted of an intentional crime and

such conviction currently being appealed, Respondent should be suspended as an attorney licensed

to practice law in Texas during the appeal of his conviction. Further, upon a showing by Petitioner

that the conviction has become final afler determination of the appeal, Respondent should be

Radrigo ;t!a,tinec, Jr. First ,j,;ienc/ed Pet it/on [or Conpu/son !3iscipflnePage 2

disbarred as provided by Rule &05. Texas Rules of Disciplinary Procedure.

PRAYER

WI IEREFORE. PREMISES CONSIDERED, Petitioner prays that Respondent be given

notice of these proceedings as provided by law and, upon hearing of this matter, that the Board

enter its order suspending Respondent during the appeal of his conviction, and for such other and

further relief to which Petitioner may be entitled to receive including costs of court and attorney’s

fees

Respectfully submitted,

Linda A. AcevedoChief Disciplinary Counsel

Judith Gres DeBerryAssistant Disciplinary CounselOffice of the Chief Disciplinary CounselSTATE BAR OF TEXASP.O. Box 12487, Capitol StationAustin, Texas 78711-2487Telephone: 512.427.1350Facsimile: 512.427.4167Email: Judith.De[lcrryd%cxashar.com

GresBeState Bar Card No. 24040780ATTORNEYS FOR PETITIONER

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing instrument has been sent for

personal seMce on Rodrigo Mainez. Jr., 2628 W. Chapin, Edinburg, Texas 7854, on this

day of November 2015.

Jiyd res Dc erry

Rodrigo :hIrth?e:! 1, - First lmended Petiiion For ConzpztLcon’ DisciplinePage 3

NOTICE OF HEARING

NOTICE IS IIEREBY GIVEN that a trial on the merits of the First Amended Petition for

Compulsory Discipline heretofore sent to be tiled with the Board of Disciplinary Appeals on this

day, will be held in the courtroom of the Supreme Court of Texas, Tom C. Clark Building, 14th

and Colorado Streets, Austin, Texas, at 9:00 a.m. on the 29th day of January 2016.

tlGresW

Roctrigo A/art/nez. Jr. First intended Pelt/on For Compntcon DisciplinePage 1

INTERNAL PROCEDURAL RULESBoard of Disciplinary Appeals

L/7ciite I’i’iuuc’i I t’. 2013

Contents

SECTION I: GENERAL PROVISIONS

Rule 1.01 Del5nhions

Rule 1,02 General Powers

Rule I .03 Add tic no I Rules in Disc ipl mary M otters

Rule 1.04 Appointment of Panels I

Rule I .05 Filing of Pleadings, Motions, and Other Papers

Rule 1.06 Service of Pethion 2

Rule 1.07 Hearing Setting and Notice 2

Rule 1.08 Time lo Answe 3

Rule .09 I’retrial Procedure 3

Rule 1.10 Decisions 3

Rule 1.1 Board of Disciplinaty Appeals Opinions 3

Rule 112 BODA WorL Product and Drafts -1

Rule I. I 3 Record Retention 4

Rule 1.13 Costs of Reproduction of Records 4

Rule 1.15 Publicatioo of These Rules 4

SECTION 2: ETHICAL CONSIDERATIONS

Rule 2.01 Representinu or Counseline Parties in Disciplinary Matters and Legal Malpractice Cases 4

Rule 2.02 Confidentiality 1

Rule 2.03 Disqualilication and Recusal of B()DA Mernhers 4

SECTION 3: CLASSIFICATION APPEALS S

Rule 3,01 Notice oIRight to Appeal S

Rule 3,02 Record ott Appeal 5

SECTION 4: APPEALS FROM EVIDENTIAlLY PANEL HEARINGS S

Rule 4.01 Perfecting Appeal 5

Rule 4.02 Record on Appeal 5

Rule 4,03 Time to File Record 7

Rule 4,04 Copies of the Record 8

Rule .105 Requisites of Briefs 8

Rule 4.06 Oral Arnutuel:’ 9

Rule 4.07 Decision and Judgment 9

Rule 1.08 A ppoiu Intent of Statewide Grievance Committee 9

Rule 4.09 Involuntary Dismissal 0

SECTIONS: PETITIONS TO REVOI(E PROBATION ID

13011 I huLl,,,,) Thu cr’c!i ii’,,! Ri c/us i

Rule 5.01 Initiation and Service .10

Rule 5.02 I Ieariiie .10

SECTION 6: COMPULSORY DISCIPLINE Ill

Rule 6.01 nhliation of Proceedinu 0

Rule 6,02 I riterlocuinry Suspension It)

SECTION 7: RECIPROCAL DISCIPLINE II

Rule 7.01 Initiation of Proceedin II

Rule 7,02 Order to Show Cause II

Rule 7,03 Attorney’s Response II

SECTIONS: DISTRICT DISABILITY COMMI’rTEE hEARINGS II

Ru Ic 8.0 I Appointment of D istrici Disability Corn mi nec II

Rule .02 ci ition and Answer II

Rule 8.03 Discovery II

Rule 8.01 Ability to Compel Attendance 12

Rule 3.05 Respondents Right to Counsel 12

Rule 8.06 I earing 12

Rt,Ie 8.07 Notice uf Decision 12

Rule 8.08 Conlidei:tiality 12

SECTION 9: DISABILITY REINSTA1’EIsIEN’fS 12

Rule 9,01 Pci ti on for Reinstatement 12

Rule 9.02 Discovery I]

Rule 9,03 Physical or Mental Examinations 13

Ru Ic 9.04 3 tiduineut 13

SECTION It): APPEALS FROM BODA TO THE SUPREME COURTOFTEXAS 13

Rule 11)01 Appeals to lie Supreme Court 13

iJtJI.).l :icr, if f’n ct’cIUrCif Ri IL’,i

SECTION 1: GENERAL PROVISIONS

Rule 1.01 Definitions

(a) “SODA” is (lie Board of Disciplinar)Appeals.

(b) “Chair” is the member elected by SODA toserve as chair or, iii the Chair’s absence, themember elected by SODA to serve as vIce-chair,

c ) ‘Classification” is the determination by riteCDC tinder ‘FRDP 2.10 or by SODA underTRDP 7.08(C) whether a erievance constitutesa ‘‘complaint or an “inquiry.”

(d) “SODA Clerk” is the executive director ofSODA or other person appointed by SODA toassume all duties normally perlbt’tned by theclerk ofa court,

(e) “CDC” is (lie Chief Disciplinary Counsel forthe Slate Bar of Texas and his or her assistants,

(I) “Commission’ is the Commission for LawyerDiscipline, a permanent committee of the StateBar of Texas.

(g) “Executive Director” is (lie executie directorof SODA,

(Ii) “Panel’’ i any three—member grouping ofSODA under ‘[RDP 7,05.

(I’)”Party” is a Complainant, a Respondent, or heCommission,

tj) “TDRPC” is the Texas Disciplinary Rules ofProfessional Conduct,

(k) “TRAP” is the Texas Rules of AppellueProcedure.

“TRCP” is the Texas Rules of Civil Procedtire.

“TRDP” is the Texas Rules of DisciplinaryProcedure.

(n) “TRE” is the Texas Rules of Evidence,

Rule 1,02 General Powers

Under TRW 7.08, SODA has and may exercise all (liepowers of either a trial court or an appellate court, as thecase may be, in hearing and determining disc i p1 naryproceedings. But TRDP 15.01 applies to theenforcement o fa irduntent of SODA.

Rule 1.03 Additional Rules in DisciplinaryMatters

Except as varied by these rules and to the extentapplicable, the l’RCP, TRAP, and TRE apply to alldisciplinan niatters helbre SODA, except fur appeals

from classification decisiuns, which are governed byTRDP 2.10 and by Section 3 of these rules.

Rule 1.04 Appointment of Panels

(a) SODA may consider any tnatter or motion bypanel, except as specified in (b). The Chairmay delegate to the E,ccutive Director theduty to appoint a panel for any SODA action.Decisions are made by a majority vote of thepanel; however, any panel member may refer anailer for consideration by SODA sining enbane. Notlting in these rules gives a party theright to be heard by SODA sitting en batic.

bj Atiy diseiplinat) matter naming a SODAmetuber as Resputident must be considered bySODA sitting en banc. A disciplinary niatternaming a SODA stall member as Respondentiieed not be heard en boric,

Rule 1.05 FIling of Pleadings, Motions andOther Papers

(a) Electronic Filing. All documents tnttst beBled electronically. Unrepresented persons orthose wit bout t It t ii cans to tile electronicallymay electronically file documents, but it is notrequired.

I) Email ArId ress. The email address of anattorney or an unrepresented party whoelecirotiical lv files a document mttst heincluded on the document.

(2) Timely Filitig. Documents are filedelectronically by eniailing the documentto tlte SODA Clerk at the email addressdesigtiatcd by SODA for that purpose. Adocument lied by email vi II heconsidered tiled the day that the etnail issent. The date sent is the date shown forthe message in the inbox of the emailaccottnt designated for receiving filings.If a document is sent afler 5:00 p.m. oron a weekend or holiday ornciallyobserved by the State of Texas, it isconsidered tiled the next business (lay.

(3) It is tlte responsibility of the party Ill ing adocutneni by email to obtain the con’ectemail address for SODA and to confirmthat the document was received bySODA iti legible form. Any docutnentthat is iIle&ble or that cannot be openedas part of an ernai I attachment wil I not beconsidered fed. If a document isuntimely due to a technical failure or asystem outage, the filing party may seekappropriate relief f’otii SODA.

(I)

(in)

ii (JO, I I, Wr,u,/ I’ro c f,,,’a/ R,,le.v 1

(4) Exceptions.

(I) An appeal to BODA of a decisionby the CDC to classiI a grievanceas an inquiry is not required to befiled electronically.

(ii) The Following documents must notbe flied electronically:

a) documents that are lied tinderseal or subject to a pendingno Li on to seal; an ci

b) documents to which access isotherwise restricted by courtorder.

(üi) For good cause, BODA may permita party to file other documents inpaper form in a particular case.

(5) Format. An electronically fileddoe timent must:

(i) be in text-searchable portabledocument tbnnat (PDF);

(H) be directly converted to l’DF ratherthan scanned, if possible; and

(iii) not be locked.

(h) A paper will not be deemed filed if it is sent toan nd i vidual BODA member or to anotheraddress other than the address designated byBODA under Rule I .05(a)(2).

(e) Signing. Each brief, notion, or other paperfiled must be signed by at least one attorneyIbr the party or by the party pro se and mustgive the State Bar of Texas card number.mailing address, telephone number, emailaddress. and fax number, if arty, of eachattorney whose name is signed or’ of the party(if applicable). A document is consideredsigned if tIre document includes:

I ) an “Is!’’ a ad name typed i a the spacewhere the signature would otherwiseap pear. tin less the d octt t neat is a otari zedor sworn; or

(2) alt electronic image or scanned image oftlte signature.

(d) Paper Copies. Unless required by BODA, aparty need not file a paper copy of anelectronically filed document.

(ci Service. Copies of all documents filed by anyparty other than the recotd filed by theevidentiary panel clerk or the court reporter

must, at or before the time of filing, be servedon all other parties as required and authorizedby the TRAP.

Rule 1.06 Service of Petition

In any disciplinary proceeding before BODA initiatedby service of a petition on the Respondent, the petitionmay be served by personal service; by certified nailwith return receipt requested; or, if permitted by BODA,in any other manner that is authorized by the TRCP andreasonably calculated under all the circumstances toapprise the Respondent of rIte proceeding and to givehim or her reasonable time to appear and answer. Toestablish service by certified mail, the return receiptmust contain rIte Respondent’s signature.

Rule 1.07 Hearing Setting and Notice

(a) Original Petitions. In any kind of caseinitiated by the CDC’s filing a petition ormotion with BODA, the CDC may contact theBODA Clerk for the nest regularly availablehearing date before filing the original petition.If a hearing is set before the petition is filed,tlte petition must state the date, time, and placeof rite hearing. Except in the case of a petitionto revoke probation under TRDP 2.23, thehearing date must be at least 30 days from thedate that the petition is served on theRespondent.

(b) Expedited Settings. If a party desires ahearing ott t matter on a date earlier than thenext regularly available BODA hearing date,ttte party may request an expedited setting in awritten motion setting otrt the reasons lbr thereqttest. Unless the parties agree othenvise,and except in the case of a petition to evokeprobation under TRDP 2.23, the expeditedhearing setting must he at least 30 days fromtire date of service of the petition. motion, orother pleading. BODA has the sole discretionto grant or deny a request tbr an expeditedhearing date.

Cc) Setting Notices. DaDA must notitS’ thepatties ol’ any tearing date that is not noticedin an original petition or motion,

Cd) Atittonrtcement Docket. Attorneys and pottiesappearing before SODA must conflnn theirpresence and present any questions regardingprocedttre to the SODA Clerk in thecourtrootn immediately prior to the Limedocket call is scheduled to begin. Each partywith a matter on the docket must appear at thedocket call to give an announcement ofreadiness, to give a tune estimate for the

2 BOLL-I Juan-na! Pro ‘cc (urn! 1? tiles

hearing. rtnd to present any preltininat;motions or matters. Immediately lot lowing thedocker call, tire Chair “ill set and announcethe order of cases to be heard.

Rule 1.08 Time to Answer

The Respondent may file an answer at any Iliac, exceptwhere expressly provided otherwise by these odes orthe I RDP, or when an answer date has been set by priororder of SODA. SODA may. but is not required to.consider an ans’.er flied the day of the hearing.

Rule 1.09 Pretrial Procedure

Generally. To request an order or oilierrelief, a party must tile a notionsupported by suflieient cause with proofof service on all other parties. Themotion must state with particularity thegrounds on which it is based and setforth the relief sought. All suppotlingbriefs. uflidavits, nr other documentsmust be served and filed with the notion.A pam’ nay file a response to a nut innat any mire before SODA rules on themotion or by any deadline set by SODA.Unless otlicn se required by these rulesor the TRDP, the loon olo motion utustcomply with the TRCP or the TRAP.

t2) For Extension of Time. All motions forextension of time ia any tanner beforeB QUA must be in writing. comply with(a)( I). and specili the following:

(i) if applicable, tire date of notice at’decision of the evidentiary panel,together witlt the number and styleof tlte case;

(ii) if an appeal has been per&cted, thedate when the appeal was perfected:

(iii) the original deadl tie for filing theitetn in question:

(iv) the length of ti me requested for theextension:

(v) tIre number of’ extensions of timethat have been granted previouslyregarding the iteiti in question, and

(vi) the litcts relied on to reasonablyexplain tIme need for an extension.

(h) Pretrial Scheduling Conference. Any partymay request a pretrial scheduling conference.

or SODA on its own not ion nwy require apretrial scheduling con Ibrence.

Cc) Trial Briefs. In any disciplirttr proceedingbefore SODA, except with leave, all trialbriefs and memoranda must be filed with theSODA Clerk no later than ten days before theday of the hearing.

(d) I learing Exhibits, Witness Lists, andExhibits Tentlereul for Argument. A partynay file a witness list, exhibit, or any otherdocument to be used at a rearing or oralargument beibre the hearing or argument. Aparty must bring to the henri ng an original and12 copies of any doctnnent that was not filedat least one business day befbre the hearing.The original and copies must be:

(I) tnarked;

(2) indexed with the title or description ofthe item o lThred as an exlnbit; and

(3) if voluminous. bound to lie flat whenopen and tabbed in accordance with theindex.

All documents must he marked and provided to theopposing party before die hearing or argument begins.

Rule 1.10 Decisions

(a) Notice of Decisions. The SODA Clerk mustgive notice of all decisions and opinions to theparties or their attorneys of record.

(b) Publication of Decisions. SODA tnust reportjuduments or orders of public discipline:

as required by the I R UP; arid

(2) on its website for a period of atyears following tIme datedisciplinary jtrdgnrcnt or order’.

(c) Abstracts of Classification Appeals. SODAmay, in its discretion, prepare an abstract of aclassification appeal for a public reportingset.vice.

Rule 1.11 Board of Disciplinary AppealsOpinions

(a) B QUA may render ju dgm e nt in anydisciphinan tnatter with or witliotri writtenopinion. In accordance with 1 RUt’ 6.06. allwritten opinions of SODA arc open to thepublic and must he made available to tltepublic reporting scnices. print or electronic,lb r pub Ii sh us. A m aj wily of (lie member’swho participate in considering the disciplinarymatter must determine if an opinion will be

(a) Motions.

(I)

least tenof the

lion -i low tm,! P,c,ccfrrn,f Rules 3

written. lie names of the participatingmembers must he noted ott all nritten opinionsof SODA.

hi Only a SODA member “Ito participated in thedecision of a disciplinan- matter may file oroil it a ivri n en op ni on colic urr ing in or

dissenting from the judgment of SODA. Forpurposes of this rule. in hearings in whichevidence is taken, no member may participatein t!ie decision unless that member was presentat the hearing. In all other proceedings. nomember may participate unless that memberhas reviewed the record. Any niember ofSODA may tile a written opinion inconnection with the denial of a tearing orrehearing en banc

(C) A SODA determination in an appeal floutgrievance classification decision under TRDP2.10 is not ajudgment for purposes of this ruleand may be issued without a written opinion.

Rule 1.12 SODA Work Product and Drafts

A document or record of any nature -regardless of itsfrm, characteristics. or means of transmission-- thatis created or produced in connection with or related toSODA’s adjudicative decision-making process is totsubject to disclosure or discoven. This includesdocuments prepared by any SODA member. SODAstall, or any other person acing on beltal f of or at thedirection of SODA,

Rule 1.13 Record Retention

Records of appeals from classification decisions musthe retained by the SODA Clerk for a period of at leastthree years from t lie date of disposition. Records ofother disciplinary matters must be retained hr a periodof at least five years from the date of final j udgtnent, orlbr at least one year afler the date a suspension orcl isbarinent ends, wlticltever is later. For purposes of thistitle, a record is any document, paper, letter. map, book,tape, photograph, flint, recording, or oilier material filedwith SODA, regardless of its form. characteristics, ormeans oft ran sin iss ion.

Rule 1.14 Costs of Reproduction of Records

The I3ODA Clerk may charge treasonable amount forrite reproduction of nonconfident ial records ii led is ithSODA. tire fe must be paid in advance to the SODAClerk.

Rule 1.15 Publication of These Rules

Iltese rules will be published as part of the iDRI’C antIIRDP.

SECTION 2: ETHICAL CONSIDERATIONS

Rule 2.01 Representing or Counseling Partiesin Disciplinary Matters and Legal MalpracticeCases

(a) A current member of SODA intist notrepresent a patty or testi l voluntarily in adisciplinary action or proceedine. Any SODAmember who is suhpoenaed or otherwisecompelled to appear at a disciplinary action orproceeding. including at a deposition, mustpromptly notify tire SODA Chair.

(b A cut-rent SODA member must not serve as anexpert wittiess on the FDRPC.

(c) A SODA member may represent a party in alegal rtialpractice case, provided that lie or siteis later recused in accordance with these rttlesfi’om any proceeding beibre SODA arising outafthe same facts.

Rule 2.02 Confidentiality

(a) SODA deliberations are confidential, must nothe disclosed by SODA members or stalt andare not subject to disclosure or discoveiw.

(b) Classification appeals. appeals frontevidentiary jttdgttients of private reprimand,appeals from an evidential)’ judgmentdismissing a case, interlocutory’ appeals or anyinterim ptoceed ings from an ongoingevidetitiaty case, nail disability crtses areconfidential under the TRDP. SODA mustmaintain all records associated ‘vith thesecases as confidential, subject to disclosure onlyas provided in the I’RDP and these rtiles.

(ci If a member of SODA is strbpoeaaed orotherwise compel led by law io testify in anyproceed i rig, the member musi not disclose amatter that was discttssecl in con lrence inconnect i on lvi th a disc i pl i nary case u il ess tIremember is required to do so by a court of

competent j cttisdictiott.

Rule 2.03 Disqualification and Recusal ofBODA Members

a) SODA tue in bet-s are sub] ccl to disc1 u a Ii fica t ion

and recusal as provided ill TRCP I Sb.

tb I SODA members nay, in addition to recrisalstinder (a). voluntarily rectise themselves fromany discussion and vuti ng for any reason. 1 hereasons that a SODA member is rectised froma case are nor stthject to discovery’.

c) These rttles do ttot disqualify a lawyer ivltu is amember of. or associated ss ith. the law firm of

1 Hr)!). I I,;itn ii Pn,CL-dIoo/ finley

a SODA member from serving on a grievanceconiminee or representing a party in adiscipl mary proceeding or legal malpracticecase. But a SODA member must recuse him-or hersel I flout any mailer in which a lawyerwho is a member ot or associated with, theSODA member’s firm is a party or representsa party

SECTION 3; CLASSIFICATION APPEALS

Rule 3.01 Notice of Right to Appeal

(a) If a grievance filed by the Complainant underTRDP 2.10 is classified as an inquiry, theCDC in ust not i 3’ the Complainant of his orher right to appeal as set out in TRDP 2.10 oranother applicable rule.

(h) To Facilitate the potential filing ofan appeal ofa grievance classified as an inquiry, the CDCmust send the Complainant an appeal noticefort, approved by SODA, with theclassification disposition. The form mustinclude the doe ket n timber of U te mane r; thedead Ii ne lb r appealing; and in Ibrmat ion formailing. faxing. or emai ling the appeal noticeform to SODA. The appeal notice form mustbe available in English and Spanish.

Rule 3,02 Record on Appeal

SODA twist only consider documents that were filedwith the CDC prior to the classification decision. Whena notice or appeal from a classification decision hasbeen filed, the CDC mttst forward to SODA a copy ofthe grievance and all supporting documentation. Ii’ theappeal challenges the classification of an amendedgrievance, the CDC mtist also send SODA a copy ofthe initittl grievance, unless it has been destroyed.

SECTION 4: APPEALS FROM EVIDENTIARYPANEL HEARINGS

Rule 4.01 Perfecting Appeal

(a) Appellate Timetable. The date that theevidentiary jttdgment is signed starts theappellate timetoble under this section. Tomake TRDP 2.21 consistent with thisreq u iretnen t, t lie date that t I te j tidgme nt issigned is the ‘date of notice” tinder Rtile 2,21.

(h) Notificaliort of tire Evidentinry .ludgment.The clerk of’ the e vide it aty pnel in ust noti 13’tlte parties of the judgment as set 0th in TRDP2.21.

TIte evidentiarv panel clerk must noti 13’the Cotn ii i ss ion and the Respondent inwriti rig of the judgtnent. The notice must

con lain a clear state me nt tIm t a iv tip pealof tIme ttdgment mttst be filed withSODA within 30 days of the date thatthe judgmetit was signed. The noticein ust include a copy of’ the judgmentrendered.

(2) The evidentiary panel clerk must notifylie Co np lai ti ant that a judgment I tasbeen rendered and provide a copy of thejttdgment, unless the evidentiaty paneldismissed the case or imposed a privatereprimand. In the case of a dismissal orprivate repritnand, the evidenliary panelclerk must not i 13’ t lie Co in p Ia i nant of thedecision and that the contents of thejudgtnent are confidential, Under TRDP2.16, no additional infonnation regardingthe contents of a judgment of dismissalor private reprimand may be disclosed tothe Com p Ia in ant.

(c) Filing Notice of Appeal. An appeal isperfected when a written notice of’ appeal isfiled with SODA. If a notice of appeal and anyother accompanying documents arein istakenly filed with the evidentiary panelclerk, the notice is deemed to have been filedthe same day with SODA, and the evidetitiarypanel clerk must immediately send the SODAClerk a copy of the notice and anyaccompanying documents.

(d) Time to File. In accordance with TRDP 2.24,the notice of appeal must be filed within 30days alter tIme date the judgment is signed. Inthe event a motion for new trial or motion totnodi fy the jttdgment is timely filed with theevidentiaty panel, the notice of appeal must befiled with SODA within 90 days from the dotethe judgment is signed.

(e I Estension of ‘lime. A tnotion for an estetisionof time to file the notice of appeal must befiled no later than 15 days afler the last dayallowed for filing the notice of appeal. Themotion mntrst comply with Rule 1.09.

Rule 4.02 Record on Appeal

(a) Contents. The record on appeal consists of theevidentiary panel clerk’s record and, wherenecessary to the appeal, a reporter’s record ofthe evidentiaty pattel hearing.

(b) St i1t ii hr tio it as In Record. The pai’ties in aydesignate parts of’ the clerk’s record and thereporter’s record to he included in the record

Hal). I huei’,inl 1’,’ucech,,’al links 5

After receiving notice that an appealhas been flied, the clerk of theevidenthtt’ panel is responsible forpreparing. ceniMng, and timelyfiling the clerk’s record.

(H) Unless thu parties stipulateothenvise. the clerk’s record onappeal must contain the items listedin [RAP 34.5(a) and any otherpaper on file with the evidentiatypanel, including the election letter,all pleadings on which the hearingwas lteld, the docket sheet theevidetitiaty panel’s cltaige, allyfindings or fitct and conclusions oflaw, all other p1 cad i ngs. U tejudgment or other orders appealedfrom, the notice or decision sent toeach patty. any postsubmi ssionpleadings and briefs, and the noticeof appeal.

(iii) If the clerk of the evidentia panelis LItlahie lbr ally reason to prepareand transmit the clerk’s record bytite due date, he or she mustpromptly notify BODA and heparties, eNpiain wity the clerk’srecord cannot be timely filed, andgive tite date by which he or sheexpects tile clerk’s record to he flied.

(2) Reporter’s Record.

(i) The court reporter [or theevidentiary panel is respotisible fortimely filing the reporter’s record iE

a) a notice of appeal has been flied;

h) a party has requested that all orpart of the reporter’s record beprep atred; and

e) the party requesting all 01 part ofthe reporter’s record has paid thereporter’s fee or lnis madesatisfitcioty arrangenients withthe reporter.

(H) If the cotirt reporter is unable for anyreason to prepare and tntnsmit thereporter’s record be the doe date, he

or she must protiiptly tiotify BODAau U die pa iies. explain t he reas Otiswhy the reporter’s record cannot betimely flied, and give the date bywhicit he or she expects thereporter’s record to be filed.

(d) Preparation of Clerk’s Record,

(I) To prepare the clerk’s record, theevidentiaty panel clerk must;

(I) wither the docttments designated bythe parties’ vritteu stipulation or, ifno stipulation was filed, diedocuments required under (c)( I )( ii):

(ii) start each document on a new page:

mclude the date of flhin on eachdocument;

(iv) arrange the documents inchronological order, either by thedate of filing or the date ofoce tirrence;

Iv) number the pages of the clerk’srecord in the manner required by(d)2):

(vi) prepare and include, after the frontcover of (lie clerk’s record, adetailed [able of contents thatcomplies with (d )c3:t; and

(vU) certi (S the clerk’s record.

j2) The clerk must start (lie page numberingon cite front cover of the first volutne ofthe clerk’s record and continue tonumber all pages consecutively—including the front and hack covers,tables of contents, ceni fication page. andsepanlior pages, if any -until the finalpage of the clerk’s record, without regardfor the number of volumes in the clerk’srecord, and place each page nttmbcr atthe bottom of each page.

t3) The table of contents must:

i identji each document in tite entirerecord (including sealeddocuments); t lie date ea cli doe LI tue it

was filed: and. except 11w sealeddoetttnents, the page on whielt eachdocument begirts;

tii) he dottble-spaced;

on appeal by written stipulation filed nitlt theclerk of the evidentiary panel.

cc) Rcspnnsibilitv fur Filing Recurtl.

II) Clerk’s Record.

Ci)

6 1100. I Inter, a,! I’, occ bid! Ru

(iii) conlbnii to the order in whichdocuments appear in the clerk’srecord, tat I icr than in alphabeticalorder;

(iv) contain booknmrks inking eachdescription in the table of contents(except lbr descriptions of scaleddocuments) to the page on which thedocttnwnt begins; and

(v) if the record consists of multiplevolumes, indicate the page on whicheach volume begins.

(c) Electronic riling of the Cleric’s Record. Theevident iary panel clerk must tile the recordelectronically. When tiling a clerk’s record inelectronic Ihrm, the evidentiary panel clerkoust:

I) tile each computer tile iii text—searchablePo tiab Ic Document I’o mat (PD F):

(2) create electronic bookmarks to mark thefirst page of each document in the clerk’srecord:

(3) limit the size of each computer tile to00 MB or less, if possible; and

(4) di cc tly concert, rather U tan scull, therecord to PDF, if possible.

0 Preparation of the Reporter’s Record.

I) The appellant, at or before the timeprescribed tbr perfecting the appeal.must make a written request ICr thereporter’s record to the cottrt repotier ICrthe evidentiaiy patiel. The request mustdesignate the portion of the evidence andother proceedings to be included, A copyof the request to ust be tiled with theevidentiaty panel and BODA and mustbe served on the appellee. The reporter’srecord must be certitied by the courtreporter ICr the evidentiaty panel.

(2) The court reporter or recorder mustprepare and tile the reporter’s record inaccordance with TRAP 34.6 and 35 andthe U n I I’o rm Format M antta I ICr TexasReporters’ Records.

(3) The court reporter or recorder must tilethe reparter’s record in an electrotucformat by etnailing the document to theemail address designated by BODA forthat purpose.

(4) Tlte cottrt reporter or recorder must

include either a scantied image of anyreqttired signatttre or “Is!” and nametyped in the space where the signature

would otherwise

(6) In exhibit volumes, the court reporter orrecorder must create bookmarks to narkthe tirst page ofeaclt exhibit document.

tg) Otlter Reqttests. At any time before theclerk’s record is prepared, or within teti daysafter service of a copy of appellant’s reqttestfor the i’eportet”s record, ant’ party may tile awritten designation requesting that additionalexhibits and portions of testimony be includedin the record. The request must be tiled withthe evidetttiaty patiel and BODA and mttst beserved on the other party.

(h) Inaccuracies or Defects. if the clerk’s recordis Ibund to be delCctive or itiaccttntte, theBODA Clerk must infonn the clerk of theevidentiaty panel of the defect or inaccuracyand instruct the clerk to make the correction.Any inaccttracies in the reporter’s record maybe corrected by agreement of’ the partieswithout the court reporter’s recertitication.Any dispttte regarding the reporter’s recordthat the parties are unable to resolve byagreement tiiust be resolved by the evidentiatypanel.

( i ) Appeal Ira ttt P ri Va Ic Rep rimu ii ti. U tiderTRDP 2.16, in an appeal from a judgment ofprivate reprimatid. BODA must mark therecord as contidential. remove the attorney’sname from the case style, and take any olltersteps necessary to preserve the contidentiahlyof the private reprimand.

Rule 4,03 Time to File Record

(a) Timetable. Tile clerk’s record atid reporter’srecord mttst be tiled withitt 60 days alter thedate the j udgmetlt is siglled. If a motion fornew trial or motion to modify the j udgtnent isti ccl with the evidential)’ panel, the clerk’srecord and the reporter’s record tnttst be tiledwithin I 20 days from tl ie date the originaljttdgment is signed, unless a modifiedjttdgtnent is signed, in which case the clerk’srecord and the reporter’s record must be tiledwithin 60 days of the signing of the moditiedjudgment. Failure to f Ic either the clerk’srecord or the reporter’s record on time doestiot alTect BODA’s jurisdiction, btit nay resttltin I3ODA’s exercising its discretion to distniss

I te appeal. a Iii rio t he ud gitient appealed from,

ROD, I l,,icmaul I’,’oecch,nr/ links 7

disregard materials filed ate, or applypresumptions against the appellant.

If the clerk’s record or reponet’s recordhas not been timely filed, the BODAClerk must send notice to the partyresponsible fhr filing it, stating that therecord is late and requesting that therecord be filed within 30 days. TheBODA Clerk must send a copy of thisnotice to all the parties and the clerk ofthe evidentiaty panel.

(2) If no reporter’s record is filed due toappellant’s fault, and if the cleriCs recordhas been filed, BODA may, after firstgiving the appel ant notice and areasonable opportunity to cure, considerand decide those issues or points that donot require a reporter’s record for adecision. BODA may do this if noreporter’s record has been filed because:

(i) the appellant failed to request areporter’s record: or

(ii) the appellant failed to pay or makeammgements to pay the reporter’sfee to prepare the reporter’s record,and the uppellant is not entitled toproceed without paytient of costs,

c) Extension of lime to File the Reporter’sRecord, When on extension of time isrequested lbr filing the reporter’s record, diefticts relied on to reasonably cx lla in U te needfor an extension must be suppot-ted by anaffidavit of the court reporter. The affidavitmust include the cmiii reporter’s estimate ofthe earliest date when the repotler’s record willhe available for filing.

(cI) Sn iwleinentnl Record. If anytlting material toeither party is otnitted from the clerk’s recordor reporter’s record, BODA may, on writtenmotion of a party or on its own motion, directa supplemental record to be certified andtransmitted by the clerk for the evidentiatypanel or the court reporter for the evidential)l)tilel.

Rule 4.04 Copies of the Record

1 he record may not be vi tlidniwti from the custody ofthe BODA Clerk. Any patty may obtain a copy of lierecord or any designated part thereof by making awri tte ti req lies t to tl te B 0 DA Clerk an il paying anycharges for repi’odtictioti itt advance.

Rule 4.05 Requisites of Briefs

(a) Appellant’s Filing Date. Appellant’s briefmust be filed within 30 days after the clerk’st’ecoi’d or the reporter’s record is filed,whichever is later,

(b) Appellee’s Filing Date. AppeI lee’s brief mustbe filed within 30 days after the appellantsbrief is filed,

(c) Contents. Bi’ieI must contain:

(I)

(2) a table of contents indicating the subjectmatter of each issue or point, or group ofissues or points, with page referenceswhere the discussion ci’ each point reliedon may be found;

(3) an index of authorities arrangedalphabetically and indicating the pageswhere the attthorities are cited;

(1) a statement of the case containing a briefgeneral statement of the nature of thecause or offense atid the result;

(5) a statement, without argument, of thebasis of’BODA’sjurisdiction;

(6) a statement of the issues presented forreview or points of error on which theappeal is predicated;

(7) a statement of facts that is withoutargument, is supported by recordreferences, and details the facts ‘elatingto the issties or points tel ied on in theappeal;

(8) the argu mu ent and a in ho ri ties;

concltision amtd pniyer for relief;

a certificate of service; and

(II) an appendix of record excerpts pertinentto the issues presented for review.

(cI) Letigili of Briefs; Contents Included andExciutleth. In calculating the length of adocument, every word and every part of thedocument, including headings, footnotes, andquotations, ntist be counted except thefol lowing: caption, identity of the parties andcounsel, statenient regarding oral argttment,table of’ contents, index of authorities,statement of the case, statement of’ issuespresented, statement of the j tmrisdict ion,

h) If No Record Filed.

(I)

a cotuplete list of the names andaddresses of all parties to the finaldecision nnd their counsel;

(9)

(10)

½ /1121)1 Ion’,’, ml I’,’oced,,,’al Roles

signature, proof or service. certificate ofcompliance, and appendix. BrieFs 1111151 nutexceed 15,000 ‘ords I computer-generated,and 50 pages if not, except on leave of SODA.A reply brief must not exceed 7,500 words ii’computer-generated, and 25 pages if not,except on leave or SODA. A computer-generated document must include a certificateby counsel or the unrepresented party statingtI te flu ml, er of words in die document. Theperson who signs the certification may rely onthe word count of the computer program usedto prepare the document.

c) Amendment or Supplementation. BODAhas discretion to grant leave to amend orsupplement briefs.

(I) Failure or the :pjiellttttt to File a thriel. Ifthe appellant fails to timely file a brief. BODAflay:

I) dismiss the appeal for want oFprosecution, unless the appellantreasonably explains the thiittre. and theappel lee is not significantly injured by(lie appellant’s (hilure to tituely file a

(2) decline to dismiss the appeal and ittukefurther orders within its discretion as itconsiders proper; or

(3) iran uppellec’s hrief is filed, regard thatbrief as correctly presenting the case andattrm (lie evidentiary p;uicl’s tidginetiton that brief’ withottt exnnitning the

Rule 4.06 Oral Argument

(a) Request. A party desiring oral argLlment mustnote the request on the front cover or theparty’s brief A party’s fiuilure to timelyrequest oral urgunient waives the party’s rightto argue. A party who has requested argumentmay later withdraw the reqttest. But even if aparty has waived oral argument, SODA maydirect the patty to appear and argue. if oralargtiment is granted, the clerk will notify theparties of the t kite nnd place for subniission

(b) Right to OntI AI’gttIiieIit. A party who ItasFled a brief and ‘lto has Liniely requested oralargument ma} argtte the case to SODA unlessSODA, after examining the briefs. decidesthat oral argtimei it is unnecessary fhr any ofthe following reasotts:

(2) the dispositive isstte or issttes liae beenauthoritatively decided:

(3) the Ihets and legal arguments areadequately presented in the brielh andrecord; or

(4) the decisional process would not besignificatitly aided by oral argument.

(c) Time Allnwed. Each party will have 20minutes to argue. SODA may. ott the reqttestof a party or on its own, extend or shorten thetime allowed for oral argument. Tlte appellantmay reserve a poil ion of Ii is or her allottedtime for rebuttal.

Rule 4.07 Decision and Judgment

(a) Decision. SODA may do any of thefollowing:

I) aflirni in whole or in part the decision ofthe evidetttia panel;

(2) modify (lie panel’s findings and aflirmthe findings as modified;

(3) reverse in whole or ti part the panel’sfindings and render the decision that tltepanel should have rendered; or

(4) reverse the panel’s findings and remandthe cause for futilter proceedings to beconducted by:

lte panel that entered the findings:

(ii) a statewide grievance committeepanel appointed by SODA andcomposed of members selectedfront the state bar districts other thanthe district (‘tutu which the appealflas taken.

Rule 4.08 Appointment of Statewide GrievanceCommittee

If SODA remands a cause (hr further proceedingshethre a statewide grievance committee, tlte SODAChair will appoint the statewide grievance committee inaccordance nitli T RDP 2.27. The committee mustconsist of six meni hers: fottr attorney tuetubeti and twopublic members randomly selected from (lie currentpool of grievance cottimittee metubers. Two alternates,consisting of one attorney and one ptthl ic tnentber, mustalso he selected. SODA will appoint the initial chair

briefl

record,

or

(b) Mi ida te. In every appeal, the I3DDA Clerkmust isstie a mandate in accordance withSODA’s jttdgment and send it to theevidentiary panel and to all the panics.

I) the appeal is frivolous:

130)3.! huci’, in! l’ruceihou/ Ru/cs 9

who will serve unti the rembers of the statewidegrievance committee elect a chair of the committee atthe first meeting. The SODA Clerk wilt non l theRespondent and the CDC that a committee has beenappointed.

Rule 4.09 Involuntary Dismissal

Under the f liowing circumstances and on any party’smotion or on its own initiative afler giving at least tendays’ notice to all parties, SODA nay dismiss theappeal or affirm the appealed judgment or order.Dismissal or affirmance may occur if’ the appeal issubject to dismissal:

(a) for want ofjurisd ict ion;

(b) for want of pmsecution: or

(c) because the appellant has failed to comply‘vitit a requirement of these rules, a courtorder, or a notice from the clerk requirins aresponse or other action within a specified

SECTION 5: PETITIONS TO REVOKEPROBATION

Rule 5.01 Initiation and Service

(a) Before filing a motion to revoke the probationof an attorney who has been sanctioned, theCDC must contact the SODA Clerk toc on 0 rmn whether tI me next regtt I arly twa i I ablehearing dote will comply with the 30-dayrequirement of TRDP. The Chair maydesignate a three-metnbei’ panel to itear themotion, it’ necessary, to meet the 30-dayrequirement ofTRDP 2.23.

(b) Upon filing the motion, the CDC must servethe Respondent with the motion and anysupporting documents iti accordance withTRDP 2.23, the TRCP, and these rules. TheCDC must notify SODA of the date thatservice is obtained on the Respondent.

Rule &02 Hearing

Within 30 d avs of service of the motion on theRespondent, SODA mttst docket and set the matterfor a hearing and notify the parties of the Lime andplace of the hearing. On a showing of good cause by aparty or on its own motion, B ODA may con tintte tltecase to a limttmre hearing date as circumstances reqtm ire.

SECTION 6: COMPULSORY DISCIPLINE

Rule 6.01 InitiatIon of Proceeding

Under TRDP 8.03, the CDC must file a petition forcompulsory discipline with SODA atid serve the

Respondent in accordance with the TRDP and RuleLOG ot’tlmese rules.

Rule 6.02 Interlocutory Suspension

(a) lnterloetmtory Smtspemtsiumt. In any compulsoryproceeding under TRDP Pan VIII in whichSODA determines that the Respondent hasbeen convicted of an Intentional Crime andthat the criminal conviction is on direct appeal.SODA may suspend the Respondent’s licenseto practice law by interloctitory order. In anycompulsory case in which BOD.A has imposedan interlocutory order of suspetision, SODAretains jttrisdiction to render fitial judgmentafter the direct appeal of tIme criminalconviction is final. For purposes of renderingfinal judment in a compulsory disciplinecase, the direct appeal of the criminalconvict ion is final when the appellate courtissues its mandate.

(b) Crimitinl Conviction Affirmed. If thecriminal conviction made the basis of acompulsory interlocutory suspension isaffirmed and becomes final, the CDC must filea motion fbr final j udgtnent that complies withTRDP 8.05.

I) If the criminal sentence is fitly probatedor is an order of deferred adjudication,the not ion Ibm final j ud gui ent tint st

con tai ii notice of a hearing ci ate. Tb emotion will be set on SODA’s nestavailable hearing date.

(2) If the criminal sentence is not fillyprobated:

(i) SODA may proceed to decide themotion without a hearing if theattorney does not file a verifieddenial within ten days of service ofthe motion; or

(ii) SODA may set tlte motion for ahearing on the next availablehearing date if tIme attorney timelyfiles a yen lied denial.

(c) Crimninal Conviction Reversed. If ati appellatecourt isstmes a tnamtdate reversing the criminalconviction while a Respondent is subject to aninterlocutory suspension, time Respondent mayfile a inot ion to terminate the interlocutorysttspension. The motion to terminate theinterlocutory sttspetision must have certifiedcopies of the dec si on anti in an date of therevem’sing court attached. f the CDC does notfile an opposition to tite termination within ten

time.

/ (/ BOiL I lwcrmml I’roccdw’al Thmk,r

days of being served with the motion, 800i\may proceed to decide the motion without ahearing or set the matter for a hearing on itsown motion. If the CDC a mel) opposes themotion, BODA must set the motion for ahearing on its next available hearing date. Anorder terminating an interlocttton order ofsuspension does not automatically reinstate aRespondents license,

SECTION 7: RECIPROCAL DISCIPLINE

Rule 7.01 InItiation of Proceeding

The Ca nun i ssio ti for Lawyer Disc i p1 i lie nay ti it late anaction for reciprocal discipline by filing a petition withBODA under TRDP Part IX and these rules. Thepetition tnust request that the Respondent be disciplinedin Texas and have attached to it any in formationconcerning the discipi inaty matter from the otherjurisdiction, including a cciii lied copy of the order orjudgment rendered against the Respondent.

Rule 7.02 Order to Show Cause

When a petition is filed, the Chair immediately issues ashow cause order and a hearing notice and fbnvardsthem to the CDC, who mttst serve the order and noticeon tile Respondent. The CDC must notify BODA of thedate that service is obtained.

Rule 7.03 Attorney’s Response

If the Respondent does not fife an answer within 30days of being served with die order and notice butthereafter appears at the hearing, BODA may, at thediscretion of the Chair, receive testimony from theRespondent relating to the merits of the petition.

SECTION 8: DISTRICT DISABILITYCOMMITTEE HEARINGS

Rule 8.01 Appointment of District DisabilityCommittee

(a) If the evidentiaty panel of the grievancecotumi ttee finds under TRDI’ 2,1 7( PJ(2), orthe CDC reasotiably believes tinder TRDP2.11(C), that a Respondent is su Bering from adisability, the rules in this section will apply tothe tie novo proceedine befbre the DistrictDisability Corn mittee held under TRDP PartXII.

(b) Upon receiving an evidentiaiy panel’s findingor the CDC’s refetml that an attorney isbelieved to be sulThring from a disability, theB ODA Chair mttst appoint a DistrictDisability Committee in compliance withTRDP 12,02 and designate a chair, BODAwill reimbttrse District Disability Committee

members Ibr reasonable expenses directlyrelated to service on the District DisabilityCommittee. The BODA Clerk must tiotify theCDC and the Respondent that a committee hasbeen appointed and notify tIm Respondentwhere to locate the procedural rules governingdisability proceedings.

(c) A Respondetit who has been tiotified that adisability referral will be or has been made toBODA may, at any time, waive in writitig theappointment of the District DisabilityCommittee or the hearitig before the DistrictDisability Cotutuittee and enter into an agreedjudgment of’ indefitiite disability suspension,provided that the Respondetit is competent towaive the hearing. If the Respondent is notrepresented, the waiver mttst incjpde astatement amt’mi us that the Respbhdent hasheeti advised of the right to appointed counseland waives that right as well.

(d) All pleadings, motions, brick, or other mattersto be tiled with the District DisabilityCommittee must be filed with the BODAClerk.

(e) Should any member of the District DisabilityCommittee become unable to serve, theBODA Chair may appoint a substitutemember.

Rule 8.02 Petition and Answer

(a) l’etitiott. Upon being notified that the DistrictDisability Cotttiiittce has been appointed byBODA, the CDC mttst. within 20 days, filewith the BODA Clerk and serve on theRespondent a copy of a petition 11w indefinitedisability suspension. Service may be tuade inperson or by certified mail, retttm receiptrequested. If service is by cmi fled mail, tilerettirn receipt with the Respondent’s signaturemust be filed with the BODA Clerk.

b) .knswer. The Respondent must, with in 30days oiler service of the petition for indefinitedisability suspension, file an answer with theBODA Clerk and serve a copy of the answeron tlte CDC.

(c) Hearing Setting. The BODA Clerk must setthe final hearing as instrttcted by the chair ofthe District Disahil it3’ Cotutu itlee atid sendnot ice of the hearitig to tlte parties.

Rule 8.03 DIscovery

(a) Limited Discovery. The District DisabilityComtuittee may permit limited discovery. l’lie

(3QI):I !,ncpual /‘,‘occch,ral Rtgk.v- II

1301> seeking discovery must file with theB ODA Clerk a written request that makes aclear showing of good cause and substantialneed and a proposed order. If the DistrictDisability Committee authorizes discovery in acase, it must issue a nritten order. The ordernay impose Ii m itations or dead I ittes on tImdiscovery.

(h ) Pitysieni or I ental Examinations. On‘vri ti en iii at i on by the Con im issi on or on itsown motion, the District Disability Comm necmay order the Respondent to sttbtnit to aphysical Or menial examination by a qtial i liedhealthcare or mental heahiheare professional.Nothing in this rule limits the Respondent’sriuht to all examination by a professional ofltisor her choice in addition to any exam orderedby the District Disability Committee.

Mut hut. The Respondent mist be givenreasonable notice of die examination by

written order specifying the name,address, and telephone number of the

person conducting the examination.

(2) Report. Tile examining pro lëssionalmust file with the BODA Clerk a

detailed, written report I lint includes timresttlts of oIl tests performed and theprofessional’s findings, diagnoses, andconclusions. The professional must send

a copy ol’ the report to the C’DC and tile

Respondent.

(c) Objections. A party must make any objectionto :t request for discovery within 15 days of

receiving the mot ion by filing a written

objection with the BODA Clerk. BODA maydecide any objection or contest to a discoveryttiot iou

Rule 8.04 Ability to Compel Attendance

The Respondent and the CDC nay confront andcross-examine witnesses at the bearing. Cotnpulsotyprocess tu compel the attendance of witnesses b3subpoena, en forceable bynn order of a district courtof proper jurisdiction, is available to the Respondentand the CDC as provided in TRCP 176.

Rule 8.05 Respondent’s Right to Counsel

a) The notice to the Respondent that a DistrictDisability Committee has been nppoitited andthe petition for indefinite disability suspensiontitist state tim’. the Respondent nay requestappoi ntntent of counsel by BODA to representbini or icr at tim disability hearing. BODAwill re rn bit rse ttppo in icc! counsel for

reasonable expenses directly elated torepresentation of the Respondent.

tb) ‘En receive appointed counsel tinder ‘ERDP12.02, the Respondent must Ii leavritlenreqLest vitb the BODA Clerk within 30 daysof the date that Respondent is served with tltepetition for indefinite disability suspension. Alate request must demonstrate good cause forthe Respondent’s failure to flle a timelyreq ttest.

Rule 8.06 Hearing

1 he pony seeking to establish the disability must proveby a preponderance of the evidence tbat tile Respondentis sulTering from a disability as defined in the TRDP.The chair of the District Disability Committee tnustadmit all relevant evidence that is necessan’ for a fairand complete hearing. TIme TRE ate advisory btmt notbtndtng on the chair,

Rule 5.07 Notice of Decision

‘the District Disability Committeelinding regarding disability to BODA,the final judgment in the matter.

Rule 8,08 Confidentiality

All proceedings before the District DisabilityCommittee and BODA, il necessary, are closed to theptmblic. All matters before the District DisabilityCommittee are confidential and are not sttbect todisclosure or discovery, eccept its allowed by theTRDP or as may be required in the even I of on appealto the Supreme Court of Texas,

SECTION 9: DISABILITY REINSTATEMENTS

Rule 9.01 Petition for Reinstatement

(a) An attorney tinder an mdc finite disabilitysttspensinn nay, at any time afler he or she hasbeen stispended. file a verified petition withDaDA to have the suspension tenninated andto be reinstated to the practice of law. TItepetitioner must serve a copy of tIme petition onthe CDC in the manner required by ‘1 RDI’12.06. The TRCP apply to a reinstatementpt oeeeding on less they coim Wet i th theserules.

(b) l’he petition must include the infomiationrequired by ‘I’RDP 12.06. If the judgment ofdisability suspension contained terms orconditions relating to misconduct by thepetitioner prior to the suspension, tile petitionmttst affinnativehy demonstrate that thoseterm i Is have bee, coot p lied with or explain a I tythey have not bcen satisfied. The petitioner has

tnttst certify itswinch ‘vi II isstte

/1 11(1!), I loft’,’, ial Rio cethmi’cil I? t,kv

a duty to amend and keep current ala fornmt 0 a in the petition u nil the Ii an I

I icon ag on I he merit sPa ii ire to do so mayresult in dismissal withotit notice.

(c) Disability reinstatement proceedings beforeflODA are not confidential; however, BODAnay uake all or any pan of the record of theproceeding confidential.

Rule 9.02 Discovery

The discovery period is 60 days from the date that thepetition br reinstatement is filed, The DaDA Clerk‘vill set the petition for a hearing on the first dateavailable afler the close of the discovery period andmust notilS the parties of die time and place of thehearing. I3ODA may continue the hearing for goodcause shown.

Rule 9.03 Physical or Mental Examinations

(a) On written motion by the Commission or onits own, BODA nay order the petitionerseeking reinstatement to sttbm it to a physicalor ne nta I exa ni nat io m by a qual i fledliealtheare or mental healtlicare professional.The petitioner must be served with a copy oftI te motion and given at least seven days torespond. BODA may hold a hearing beforeruling oti the motion but is not required to do5(1.

(b) The petitiotier must be given reasonable noticeof the examination by written order specifyingdie na me, ad ci ress, a ad tel epho tie a umr of’the person conducting the examination.

(c) The examining professional must file adetailed, written report that iacltides the resultsof all tests performed and the professional’sfindings, diagnoses, and cotichtsions. Theprofessional mtist send a copy of’ the report tothe parties.

(d) If the peutioner fails to submit to anexamination as ordered, BODA may d isniissthe petition without notice.

(e) Nothing iii this rule limits the petitioner’s rightto an exarninati on by a pro fessional of his orher choice in addition to any exam ot’dered byBODA.

petitioner provides additional proof as directed byBODA. The jtidgtnent may include other ordersnecessary to protect the public and the petitioner’spotential clients,

SECTION 10 APPEALS FROM BODA TO THESUPREME COURT OF TEXAS

Rule 10.01 Appeals to the Supreme Court

(a) A final decision by BODA, except adetermination that a statement constitutes aninquiry orn complaint under TRDP 2.10, mayhe appealed to the Supreme Cotirt of Texas.The clerk of the Sttpreme Court of Texas mustdocket an appeal from a decision by BODA inthe saute matiner as a petition for reviewwithout fee,

(b) The appealing party must file the notice ol’appeal directly with the clerk of the SupremeCourt of Texas within 14 days of receivingnotice of a final determination by BODA. Therecord must he filed within 60 days aflerBODA’s detennination. The appealing party’sbrief is due 30 days afler the record is filed.and the responding party’s brief is due 30 daysthereafter. The BODA Clerk must send theparties a notice of BODA’s final decision thatnd tides the infonnation in this paragraph.

(c) An appeal to the Supreme Court is governedby TRDP 7.11 and the TRAP.

Rule 9.04 Judgment

If. after tearing all the evide ace. BODA determinesthat the petitioner is not eligible for reinstatement,BODA nay, in its discretion, either cutter an orderdenying the petition or direct that the petition be fieldin abeyance for a reasonable period of time until the

BOD,t huc,ntml /‘,-occdnral Rules - /3

IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:

THE GRAND JURY, for the County of Hidalgo, State of Texas, duly

selected, impaneled, sworn, charged and organized as such at the January

Term A.D. 2012 of the

______________

Judicial District Court for said

County, upon their oaths present in and to said court at said term that

RODRIGO MARTINEZ, JR. hereinafter styled Defendant, from on or about the

28th day of March A.D., 2005, to on or about the 7th day of June A.D.,

2007 and before the presentment of this indictment, in Ridalgo County,

Texas, pursuant to one scheme or continuing course of conduct, did then

and there, unlawfully, appropriate property, to—wit: money, by exercising

control over said property other than real property, and the aggregate

value of all the property appropriated was $200,000 or more, the owner of

said property being Elena Cantu;

And said Defendant acted with the intent to deprive said owner of said

property by withholding from said owner said property permanently and for

so extended a period of time that a major portion of the value and

enjoyment of said property was lost to said owner, and without the

effective consent of said owner, in that the consent was induced by

deception, to-wit: said defendant created and confirmed, by words and

conduct, a false impression of fact, not believing it to be true, that

was likely to affect and did affect the judgment of said owner in the

transactions;

/AGAINST THE PEACE AND DIGNITY OF THE STATE

REPERSON OF THE GRAND JURY

No. CR-________ Arrest Date: 05/14/12 Agency:EDINBURG POLICEDEPARTMENTBy: IDA Case No. 12—08027 Bond: $ $50000.00State of Texas vs.RODRICO MARTINEZ, JR.Charge THEFT O/$200, 000819563

FILED

JUN—B 2012

I

Case No. CR-2 152-12-CTRN 917 336 956X AOO1

THE STATE OF TEXAS § IN THE 370TH JUDICIAL

v. RODRIGO MARTINEZ, § DISTRICT COURT OF

JR., § HIDALGO COUNTY, TEXASDEFENDANTSID: TX 50065302

JUIDG!VIENT OF CONVICTION BY JURY& SENTENCE TO THE INSTITUTIONAL DIVISION OFTHE TEXAS DEPARTMENT OF CRIMINAL JUSTICE

DATEOFJUDGMENT: £L \.‘osVISITING JUDGE PRESIDING: UNbA YANEZATTORNEY FOR THE STATE: WILLIAM MCPHERSON, ALEXANDRO

BENAVIDES and EFRAIN MOLINAATTORNEY FOR THE DEFENDANT: FERNANDO MANCIAS

OFFENSE CODE: 23990013OFFENSE: THEFT OF THE VALUE OF $200,000 OR

MORE, AS CHARGED IN THEINDICTMENT

DATE OF OFFENSE: MARCH 28, 2005 TO ON OR ABOUTJUNE 7, 2007 I

DEGREE OF OFFENSE: FIRST DEGREE FELONYSTATUTE FOR OFFENSE: 31.03 (E)(7) PENAL CODE

APPLICABLE PUNISHMENT RANGE: LIFE OR 5-99 YEARS IN PRISONIMAX(Including enhancements if any): £10,000 FiNE

CHARGING ENSTRUMENT: INDICTMENT or INFORMATIONPLEA TO OFFENSE: NOT GUILTY

JURY VERDICT FOR OFFENSE: GUILTYPUNISHMENT IMPOSED BY COURT: SEVEN (7) YEARS IMPRISONMENT

PLACE OF IMPRISONMENT INSTITUTIONAL DIVISION OF THETEXAS DEPARTMENT OF CRIMINALJUSTICE

FINE: NONERESTITUTION: $410,000.00

CREDIT FOR TIME SPENT IN JAIL: ONE (1) DAYDISMISS: NONE

CONSIDER: NONEPLEA TO EMIANCEMENT NONE

PARAGRAPH(S):FINDING TO ENHANCEMENT: NONE

FINDING ON DEADLY WEAPON: NONE,- a

COURT COSTS: $__________

DATE SENTENCE IMPOSED: JUNE 16, 2015

Judgment of Conviclion by Cou & Sentence, Case No. CR-21 52-12-G fllibit

2-

On AUGUST 11, 2014, the above numbered and entitled cause was regularlyreached and called for trial, and the State appeared by WILLIAM’ MCPHERSON,

ALEXANDRO BENAVIDES and EFRAIN MOLINA, and the Defendant and theDefendant’s attorney, FERNANDO MANCIAS, were also present. Thereupon both sidesannounced ready for trial, and the Defendant pleaded NOT GUILTY to the offense charged inthe indictment or information. A Jury was duly selected, impaneled and sworn. Having heardthe evidence submitted and having been duly charged by the Court, the Jury retired to considertheir verdict. Aflenvard, on AUGUST 21, 2014, being brought into open court by theproper officer, the Defendant, the Defendant’s Attorney and the State’s Attorney being present,and being asked if the Jury had agreed upon a verdict, the Jury answered it had and returned tothe Court a verdict, which was read aloud, received by the Court, and is now entered upon theminutes of the Court as follows:

We, the Jury, find the Defendant RODRIGO MARTINEZ, JR., Guiltyof the offense ofTHEFT OF THE VALUE OF S200,000 OR MORE as charged in the indictment

Thereupon, the Defendant having previously elected to have the punishment assessedby the Judge, the Court heard evidence related to the question of punishment. Thereafter, theCourt made a finding of NONE on the enhancement paragraph(s), if any, and assessedpunishment at SEVEN (7) YEARS in the INSTITUTIONAL DIVISION OF THE TEXASDEPARTMENT OF CRIMINAL JUSTICE and a Fine of NONE.

A pre-sentence investigation report WAS DONE according to Article 42.12, Sec. 9,

CCP.

Md thereupon on JUNE 16, 2015, the Court then asked the Defendant whether the

Defendant had anything to say why the sentence should not be pronounced upon Defendant,and the Defendant having answered nothing in bar thereof, the Court proceeded to pronouncesentence upon Defendant.

It is therefore ORDERED, ADJUDGED and DECREED by the Court that the

Defendant is guilty of the offense of THEFT OF THE VALUE OF $200,000 OR MORE,

AS CHARGED IN THE INDICTMENT, FIRST DEGREE FELONY, committed on MARCH

28, 2005 TO ON OR ABOUT JUNE 7, 2007; that the punishment is fixed at SEVEN

(7) YEARS fl the INSTITUTIONAL DIVISION OF THE TEXAS DEPARTMENT OF

CRIMINAL JUSTICE and a Fine of NONE; and that the State of Texas do have and recover

of the Defendant nil court costs in this prosecution expended, for which execution will issue.

It is fttrther ORDERED by the Court that the Defendant be taken by the authorizedagent of the State of Texas or by the Sheriff of Hidalgo County, Texas, and be safely conveyedand delivered to the Director of the Institutional Division of the Texas Department of CriminalJustice, there to be confined in the manner and for the period aforesaid, and the Defendant ishereby remanded to the custody of the Sheriff of Hidalgo County, Texas, until such time as the

Sheriff can obey the directions of this sentence.

Judgment of Conviction by Court & Sentence, Case No. CR-2152-12-G

Furthermore, the following special findings or orders apply:

The Court, upon the State’s motion, DISMISSED the following count, case orcomplaint: NONE.

The Court, upon the Defendant’s request and the State’s consent, CONSIDERED as anadmitted unadjudicated offense the following count, case or complaint: NONE.

The Court finds that the sentence imposed or suspended shall run concurrent unlessotherwise specified.

The Court finds that the Defendant shall be credited with ONE (1) DAY on hissentence for time spent in jail in this cause.

The Court finds the Defendant owes NONE for the Fine, S410,00.O.OO in restitution,S i%3•..C’n couiç costs. ‘the Defendant shall make restitution, if any, within five(5) years afler the end of tb%:rm of imprisonment imposed.

Signed on the day of , 20 S

Judge Presiding

Receipt is hereby aciaowledged on the date shown above of one copy of this Judnent

be ndaI / \/ F Community Supervision O’fi-”

JM

Defendant’s right thumbprint

Judgment of Conviction by Court & Sentence, Case No, CR-2152-12-C

AFFIDAVIT

TI-IF STATE OF TEXAS §§

COUNTY OF TRAVIS

BEFORE ME, the undersigned authority, on this day personally appeared Judith GresDeBeny, Petitioner’s attorney of record, who, being by me duly sworn, deposed as follows:

“My name is Judith Ores DeBerry. I am over the age of 18 years, of sound mind, capableof making this affidavit, and state the following:

Based upon information and belief, Rodñgo Martinez, Jr., whose Texas Bar Card Numberis 13144200, is licensed as an attorney and counselor at law in the State of Texas. Based uponinformation and behei Rodrigo Martinez. Jr., named as Respondent in the First Amended Petitionfor Compulsory Discipline filed with the Board ofDisciplinan’ Appeals is one and the same personas the Rodrigo Martinez, Jr,, who is the subject of the Judgment of Conviction by Jury andSentence to the Institutional Division ofthe Texas Department of Criminal Justice entered in CaseNo. CR-2152-12-O, styled The Stale of Texas v. Rodrigo Martinez, ,k, Defendant, in the 370thJudicial District Court of Hidalgo County, Texas, wherein Respondent was found guilty of Theftof the value of $200,000 or more, a First Degree Felony, and was sentenced to seven (7) yearsimprisonment in the Institutional Division of the Texas Department of Criminal Justice, ordered

to pay court costs of $228.00 and restitution in the amount of $410,000.00.”

FURTHER Affiant saith not./ n ‘71

(\) ,VA 7,r, A(i!AJA, /

SWORN AND SUBSCRIBED before me on the day of J 2015.

Eli Wfr

fibit