Edward Rudolph Turnbull, IV v. Commission for Lawyer Discipline, Daniela Grosz, Daniel Martinez, Seana Willing, John S. Brannon, Amanda Kates, Jenny Hodgkins, and the Board of Directors of the State Bar of Texas, Cindy v. Tisdale, Steve Benesh, Laura Gibson, Kennon Lily Wooten

Court of Appeals of Texas·Decided January 21, 2025·No. 15-24-00095-CV·Published

Opinion

ACCEPTED 15-24-00095-CV FIFTEENTH COURT OF APPEALS Court of Appeals Number: 15-24-00095-CV AUSTIN, TEXAS 1/21/2025 4:19 PM CHRISTOPHER A. PRINE Trial Court Case Number: D-1-GN-24-002025 CLERK RECEIVED IN 15th COURT OF APPEALS AUSTIN, TEXAS Edward Rudolph Turnbull, IV 1/21/2025 4:19:27 PM v. IN THE COURTCHRISTOPHER OF APPEALS A. PRINE Clerk Commission for Lawyer Discipline, Daniela Grosz, Daniel Martinez, Seana FIFTEENTH DISTRICT Willing, John S. Brannon, Amanda Kates, Jenny Hodgkins, and the Board AT AUSTIN, TEXAS of Directors of the State Bar of Texas, Cindy V. Tisdale, Steve Benesh, Laura Gibson, Kennon Lily Wooten, et al.

AMICI CURIAE BRIEF BY ADRIANO KRUEL BUDRI, CITIZEN, AND IN SUPPORT OF APPELLANT EDWARD RUDOLPH TURNBULL, IV OF SEEKING ACCOUNTABILITY OF THE INCUMBENT CHIEF DISCIPLINARY COUNSEL SEANA BECKERMAN WILLIAM OF THE STATE BAR OF TEXAS IN HER INDIVIDUAL AND OFFICIAL CAPACITY FOR ULTRA VIRES ACTS PERPETRATED IN ONE GRIEVANCE COMPLAINT ASSIGNED AND DISMISSED FOR NO “JUST CAUSE” AND WITHOUT TO PROVIDE A FULL EXPLANATION TO COMPLAINANT AS REQUIRED BY THE STATUTE “STATE BAR ACT” AND THE TEXAS GOVERNMENT CODE PROVISIONS

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1 TABLE OF CONTENTS

TABLE OF AUTHORITIES............................................................................ iii INTEREST OF AMICUS CURIAE............................................................... 4 AMICUS CURIAE CITIZEN’S STATEMENT……………………………… 5 SUMMARY OF ARGUMENT………………………………………..……… 5 ARGUMENT…………………………………………………………………. 6 I. Appellant seeks impartial and with integrity investigation and disclosures of a disturbing pattern of Chief Disciplinary Counsel’s misconduct, implicating flagrant violation of the state statute “State Bar Act” and codified by the Texas Government Code for authorized practice of law in Texas…………………………………………………………………………… 6 II. A litany of doctrines tend to immunize the State Bar of Texas’ employees (classified and unclassified, including appointed ex-officio officials) and typified as state government employees (allotted in one statewide public corporation as state public employees) from damages or injunctions, particularly in circumstances implicated by this civil case, so the investigation and disclosure of obligations, Petitioner seeks particularly crucial State Bar of Texas’ accountability and for his vindication of rights………………………… 7 III. The Appellant’s relief seeks, though limited to provide meaningful accountability in its own right to have an impartial and with integrity investigation in the so-called self regulated attorney’s disciplinary system and executed by one independent Quasi State Entity, which does not have the supervision of the State Auditor and one State Office of Inspector General to avoid inefficiency, waste, and fraud ………………………………………….. 10 CONCLUSION………………………………………………………………… 19 CERTIFICATE OF SERVICE……………………………………………….. 21 ii 2 TABLE OF AUTHORITIES Cases Page(s) City of El Paso v. Heinrich, 284 S.W. 3d, 366, 372 (Tex. 2009)……….. 18 Judicial Branch Certification Commission, et al v. Jo Ann Holmgren and Preferred Legal Services, Inc, 691 S.W. 3d 155 (Tex. App. 2024)…….. 18 Statutes State Bar Act……………………………………………………………… passim Texas Civil Practice & Remedies Code Section 66.001(1)(2)(3)(4)(5)…. 17, 18 Texas Government Code Section 81.001; 81.072(b)(1)………………… passim Texas Disciplinary Rules Procedure……………………………………… passim Texas Disciplinary Rules for Professional Conduct……………………… passim Texas Sunset Act (Chapter 325)…………………………………………. 13 Texas Rules Appellate Procedure (TRAP) Texas Rules Appellate Procedure (TRAP) Rule 11 (c)………………….. 5 State Constitution Texas Constitution, Article 1, Section XIII……………………………… 20 Texas Constitution, Article 1, Section XVI……………………………… 12 Other Authorities Texas Secretary of State Administrative Orders under constitutional requirements in the Article 1, Section XVI………………………………. 12 Statement Officer (Anti-Bribery Statement) Form 2201………………… 12 Sworn Oath Office Affidavit Form 2204………………………………… 12 Annual Outsourced Private Independent Auditor Reports of the State Bar of Texas activities about the unaccountability of the CDC....................... Passim Texas Coalition on Lawyer Accountability (TCLA) Public Commentary Report (year of 2016) addressed to the Sunset Advisory Commission about the lack of the accountability of the OCDC of the SBOT…………. 16 iii

3 INTEREST OF AMICUS CURIAE This brief is about those obstacles, and why the Appellant is seeking relief in

this civil appellate case and that is particularly crucial for the execution of the

accountability of the state government employees allotted in state government

agencies and having paraphernalia of immunities and to assure unaccountability

from Ultra Vires acts committed in secretive administrative quasi judicial

proceedings.

Amicus respectfully brings to the Court’s attention about the ramifications

and implications of the pattern or defiance practice adopted by the Chief

Disciplinary Counsel (“CDC”) in her individual and official capacity and under an

unethical internal policy labeled by the CDC as “weeded out” policy and for

approximately 90% of the summary dismissals executed and from grievance forms

submitted by Complainants with the Office of the Chief Disciplinary Counsel of

the State Bar of Texas at Austin’s Headquarters Office and also being dismissed as

no “just cause” from Summary Disposition Panels (“SDPs”) from grievance

committee districts of the State Bar of Texas.

In light of the fact that a litany of immunities and other doctrines close the

courthouse doors (both in federal and state courts) on victims who would otherwise

individually seek accountability for such misconduct in the form of compensatory

damages or injunctive relief, at least the Article III Courts can remand cases that

the Appellants have demonstrated clear prevarication of the law and committed by

4 unaccountable unelected public officials and when the Appellant’s avenues for the

vindication of civil rights are closed and that is necessary at least to achieve some

measure of accountability for a pattern of un-redressed abuses committed by

unaccountable unelected public officials and allotted in state government agencies.

AMICUS CURIAE CITIZEN’S STATEMENT In compliance with the Texas Rules Appellate Procedure (TRAP) Rule 11 (c);

Amicus Curiae Citizen states that he did not receive any fee paid or to be paid for

preparing the amicus curiae brief and submitted on 01/20/2025, Monday via

electronic filing EFILETX system in the case number assigned: 15-24-00095-CV

and filed at the Court of Appeals 15th District of Texas at Austin.

SUMMARY OF ARGUMENT When the Chief Disciplinary Counsel (“CDC”) and her staff of employees

violate constitutional and statutory rights, justice demands two things:

1) Accountability for the offending officers, officials and employees, and

2) Vindication for their victims.

One way to achieve this justifiable goal is that a victim’s civil damages suit

against the offending officers, officials and employees and from their government

employer can be reached and, alternatively, one might file a suit seeking to enjoin

an ongoing unconstitutional and or violation of the statutory policy that caused

their harm about the civil rights of the citizens.

5 But a litany of doctrines close the courthouse doors for such claims—under

both federal and state law—against wrongdoing committed by state government

employees, and their employers as accomplices for Ultra Vires Acts occurred.

This brief explains how several of those doctrines prevent accountability and

vindication via individual suits in the particular circumstances of this case—

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Edward Rudolph Turnbull, IV v. Commission for Lawyer Discipline, Daniela Grosz, Daniel Martinez, Seana Willing, John S. Brannon, Amanda Kates, Jenny Hodgkins, and the Board of Directors of the State Bar of Texas, Cindy v. Tisdale, Steve Benesh, Laura Gibson, Kennon Lily Wooten, (Tex. Ct. App. 2025).

Edward Rudolph Turnbull, IV v. Commission for Lawyer Discipline, Daniela Grosz, Daniel Martinez, Seana Willing, John S. Brannon, Amanda Kates, Jenny Hodgkins, and the Board of Directors of the State Bar of Texas, Cindy v. Tisdale, Steve Benesh, Laura Gibson, Kennon Lily Wooten (Edward Rudolph Turnbull, IV v. Commission for Lawyer Discipline, Daniela Grosz, Daniel Martinez, Seana Willing, John S. Brannon, Amanda Kates, Jenny Hodgkins, and the Board of Directors of the State Bar of Texas, Cindy v. Tisdale, Steve Benesh, Laura Gibson, Kennon Lily Wooten) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

The City of El Paso v. Lilli M. Heinrich
284 S.W.3d 366 (Texas Supreme Court, 2009)