Craig A. Washington v. Commission for Lawyer Discipline

Opinion

ACCEPTED 03-15-00083-CV 7413504 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/16/2015 2:11:06 PM 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 10/16/2015 2:11:06 PM 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 SECOND 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 SECOND 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 seven (7) 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 second request for an extension of time to file its brief.

After one extension of time, Appellee’s brief was due to be filed on October 16,

2015. Appellee requests an additional seven (7) days to file the brief, to and

including October 23, 2015. Appellee’s counsel, the undersigned attorney, needs

additional time to file the brief for the following reasons:

The undersigned filed a response to a post-submission brief in John Doe v. Board of Directors of the State Bar of Texas, et al in the Third Court of Appeals (No. 03-15-00007-CV) on October 14, 2015.

The undersigned presented oral argument on October 13, 2015, in William Schultz v. Commission for Lawyer Discipline, before the Board of Disciplinary Appeals (BODA No. 5649);

The undersigned filed a brief in Charles Septowski v. Commission for Lawyer Discipline (Board of Disciplinary Appeals No. 55901) on September 22, 2015; The undersigned presented 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 filed a brief in Holly Crampton v. Commission for Lawyer Discipline in the Eighth Court of Appeals (No. 08-15-00074-CV) on August 10, 2015.

IV.

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

this cause for seven (7) days until October 23, 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 on October 16, 2015, 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 Second 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. Katharine David, Stacy R. Obenhaus 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 16th day of October 2015.

/s/ Cynthia Canfield Hamilton CYNTHIA CANFIELD HAMILTON