Craig A. Washington v. Commission for Lawyer Discipline

Opinion

ACCEPTED 03-15-00083-CV 6760110 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/2/2015 11:07:19 AM JEFFREY D. KYLE CLERK No. 03-15-00083-CV _______________ FILED IN 3rd COURT OF APPEALS In the Court of Appeals AUSTIN, TEXAS

Third District of Texas 9/2/2015 11:07:19 AM JEFFREY D. KYLE Austin, Texas Clerk _______________

CRAIG A. WASHINGTON, APPELLANT V.

COMMISSION FOR LAWYER DISCIPLINE, APPELLEE _______________

Appealed from the 335th District Court Of Bastrop County, Texas Honorable George Gallagher, Judge Presiding _______________

APPELLEE’S UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF _______________

LINDA A. ACEVEDO CYNTHIA CANFIELD HAMILTON CHIEF DISCIPLINARY COUNSEL SENIOR APPELLATE COUNSEL

LAURA BAYOUTH POPPS OFFICE OF THE CHIEF DISCIPLINARY DEPUTY COUNSEL FOR ADMINISTRATION COUNSEL STATE BAR OF TEXAS P.O. BOX 12487 AUSTIN, TEXAS 78711-2487 512.427.1350; 1.877.953.5535 FAX: 512.427.4167 No. 03-15-00083-CV _______________

In the Court of Appeals Third District of Texas Austin, Texas _______________

CRAIG A. WASHINGTON, APPELLANT V.

COMMISSION FOR LAWYER DISCIPLINE, APPELLEE _______________

Appealed from the 335th District Court Of Bastrop County, Texas Honorable George Gallagher, Judge Presiding _______________

APPELLEE’S UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF _______________

Appellee, the Commission for Lawyer Discipline, asks the Court, pursuant

to Rule 38.6(d) of the Texas Rules of Appellate Procedure, for an extension of time

of thirty (30) days to file Appellee’s brief.

I.

This is an appeal from a Final Judgment entered on January 8, 2015, against

Appellant, Craig A. Washington, in Cause No. 29,123, styled Commission for Lawyer Discipline v. Craig A. Washington, in the 335th Judicial District Court of

Bastrop County, Texas.

II.

Appellant timely perfected his appeal. The clerk’s record was filed on May

8, 2015, and supplemental clerk’s records were filed on June 2, 2015 and July 9,

2015. The reporter’s record was filed on May 15, 2015. Appellant filed his brief

on August 17, 2015.

III.

This is Appellee's first request for an extension of time to file its brief.

Appellee’s brief is originally due to be filed on September 16, 2015. Appellee

requests an additional thirty (30) days to file the brief, to and including October

16, 2015. Appellee’s counsel, the undersigned attorney, needs additional time to

file the brief for the following reasons:

The undersigned has been out of the office unexpectedly due to the emergency surgery and hospitalization of her mother, for whom the undersigned is the primary caretaker;

The undersigned will be out of the office at a conference from September 9- 11, 2015;

The undersigned is set to present oral argument on September 16, 2015, in John Doe v. Board of Directors of the State Bar of Texas, et al, before the Third Court of Appeals (No. 03-15-00007-CV); and

The undersigned has a previously extended briefing deadline of September 28, 2015, in Charles Septowski v. Commission for Lawyer Discipline, before the Board of Disciplinary Appeals (BODA No. 55901). IV.

For these reasons, Appellee prays that this Court grant Appellee’s motion in

this cause for thirty (30) days until October 16, 2015.

RESPECTFULLY SUBMITTED:

LINDA A. ACEVEDO CHIEF DISCIPLINARY COUNSEL

LAURA BAYOUTH POPPS DEPUTY COUNSEL FOR ADMINISTRATION

CYNTHIA CANFIELD HAMILTON SENIOR APPELLATE COUNSEL

OFFICE OF THE CHIEF DISCIPLINARY COUNSEL P.O. BOX 12487 AUSTIN, TEXAS 78711-2487 512.427.1350; 1.877.953.5535 FAX: 512.427.4167

/s/ Cynthia Canfield Hamilton CYNTHIA CANFIELD HAMILTON SENIOR APPELLATE COUNSEL STATE BAR OF TEXAS cynthia.hamilton@texasbar.com STATE BAR CARD NO. 00790419 ATTORNEYS FOR APPELLEE CERTIFICATE OF CONFERENCE

This is to certify that Appellant’s attorney, Mr. John MacVane, indicated that Appellant does not oppose the requested extension.

/s/ Cynthia Canfield Hamilton CYNTHIA CANFIELD HAMILTON

CERTIFICATE OF SERVICE

This is to certify that the foregoing Unopposed First Motion for Extension of Time to File Brief has been served on Appellant, Mr. Craig A. Washington, by and through his attorneys of record Mr. Michael A. Stafford, Ms. Katherine David, and Mr. John MacVane, Gardere, Wynne Sewell LLP, 1000 Louisiana, Suite 3400, Houston, Texas 77002-5011, through this Court’s electronic filing service provider on the 2nd day of September 2015.

/s/ Cynthia Canfield Hamilton CYNTHIA CANFIELD HAMILTON