Misc. Docket No. 16-9143 ORDER APPROVING AMENDMENTS TO THE INTERNAL OPERATING PROCEDURES OF THE BOARD OF DISCIPLINARY APPEALS ORDERED that: 1) The Internal Operating Procedures of the Board of Disciplinary Appeals are amended as follows, effective immediately. 2) The Clerk is directed to: a) file a copy of this order with the Secretary of State; b) cause a copy of this order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal; c) send a copy of this order to each elected member of the Legislature; and d) submit a copy of the order for publication in the Texas Register. Dated: September 20, 2016. Nathan L. Hecht, Chief Justice Paul W. Green, Justice Phil Johnson, Justice Don R. Willett, Justice Eva M. Guzman, Justice Debra H. Lehrmann, Justice Jeffrey S. Boyd, Justice John P. Devine, Justice Jeffrey V. Brown, Justice Rule 1.06 Service of Petition In any disciplinary proceeding before BODA initiated by service of a petition on the Respondent, the petition may must be served by personal service; by certified mail with return receipt requested; or, if permitted by BODA, in any other manner that is authorized by the TRCP and reasonably calculated under all the circumstances to apprise the Respondent of the proceeding and to give him or her reasonable time to appear and answer. To establish service by certified mail, the return receipt must contain the Respondent’s signature. Rule 6.02 Interlocutory Suspension (a) Interlocutory Suspension. In any compulsory proceeding under TRDP Part VIII in which BODA determines that the Respondent has been convicted of an Intentional Crime and that the criminal conviction is on direct appeal, BODA may must suspend the Respondent’s license to practice law by interlocutory order. In any compulsory case in which BODA has imposed an interlocutory order of suspension, BODA retains jurisdiction to render final judgment after the direct appeal of the criminal conviction is final. For purposes of rendering final judgment in a compulsory discipline case, the direct appeal of the criminal conviction is final when the appellate court issues its mandate. Rule 7.01 Initiation of Proceeding The Commission for Lawyer Discipline may To initiate an action for reciprocal discipline under TRDP Part IX, the CDC must file by filing a petition with BODA under TRDP Part IX and these rules request an Order to Show Cause. The petition must request that the Respondent be disciplined in Texas and have attached to it any information concerning the disciplinary matter from the other jurisdiction, including a certified copy of the order or judgment rendered against the Respondent. Rule 8.01 Appointment of District Disability Committee (e) Should any member of the District Disability Committee become unable to serve, the BODA Chair may must appoint a substitute member. Rule 8.02 Petition and Answer (a) Petition. Upon being notified that the District Disability Committee has been appointed by BODA, the CDC must, within 20 days, file with the BODA Clerk and serve on the Respondent a copy of a petition for indefinite disability suspension. Service may be made in person or by certified mail, return receipt requested. If service is by certified mail, the return receipt with the Respondent’s signature must be filed with the BODA Clerk must comply with Rule 1.06.
Published by State Bar of Texas. View All Articles.
This page can be found at http://mydigimag.rrd.com/article/Texas+Supreme+Court+Order/2619251/350620/article.html.