John Doe v. Board of Directors of the State Bar of Texas Commission for Lawyer Discipline And Linda Acevedo, in Her Official Capacity as the Chief Disciplinary Counsel of the State Bar of Texas

Court of Appeals of Texas·Decided May 13, 2015·No. 03-15-00007-CV·Published

Opinion

ACCEPTED 03-15-00007-CV 5271285 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/13/2015 3:17:59 PM JEFFREY D. KYLE CLERK No. 03-15-00007-CV

FILED IN 3rd COURT OF APPEALS In the Court of Appeals AUSTIN, TEXAS

Third District of Texas 5/13/2015 3:17:59 PM JEFFREY D. KYLE Austin, Texas Clerk

JOHN DOE, APPELLANT V.

BOARD OF DIRECTORS OF THE STATE BAR OF TEXAS, COMMISSION FOR LAWYER DISCIPLINE, AND LINDA ACEVEDO IN HER OFFICIAL CAPACITY AS THE CHIEF DISCIPLINARY COUNSEL OF THE STATE BAR OF TEXAS, APPELLEES

Appealed from the 126th District Court Of Travis County, Texas Honorable Scott Jenkins, Judge Presiding

APPELLEES’ UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED 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. 03-15-00007-CV

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

JOHN DOE, APPELLANT V.

BOARD OF DIRECTORS OF THE STATE BAR OF TEXAS, COMMISSION FOR LAWYER DISCIPLINE, AND LINDA ACEVEDO IN HER OFFICIAL CAPACITY AS THE CHIEF DISCIPLINARY COUNSEL OF THE STATE BAR OF TEXAS, APPELLEES

Appealed from the 126th District Court Of Travis County, Texas Honorable Scott Jenkins, Judge Presiding

APPELLEES’ UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED BRIEF

TO THE HONORABLE COURT OF APPEALS:

Appellees, the Board of Directors of the State Bar of Texas, the Commission

for Lawyer Discipline, and Linda Acevedo in her official capacity as the Chief

Disciplinary Counsel of the State Bar of Texas, asks the Court, under the authority of Rule 38.7 of the Texas Rules of Appellate Procedure, for leave to file an

amended brief in this matter.

I.

The Commission filed its brief on May 11, 2015. An amended brief is being

filed at the same time as the instant motion.

The Commission seeks to file an amended brief because the amended version

has been edited for clarity and readability. No new cases or authorities have been

added. The amending of Appellees’ brief will prevent confusion and thereby aid

the Court in resolving this matter appropriately.

Appellant does not oppose this motion.

III.

For these reasons, Appellees asks the Court to grant permission for leave to

file an amended brief.

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 STATE BAR CARD NO. 00790419 ATTORNEYS FOR APPELLEES

CERTIFICATE OF CONFERENCE

This is to certify that the undersigned attorney spoke with one of Appellant’s attorneys of record, Jennifer Jasper, by phone on May 13, 2015, regarding this motion. Ms. Jasper indicated that Appellant does not oppose the motion.

/s/ Cynthia Canfield Hamilton CYNTHIA CANFIELD HAMILTON SENIOR APPELLATE COUNSEL STATE BAR OF TEXAS

CERTIFICATE OF SERVICE

This is to certify that the above and foregoing Unopposed Motion for Leave to File Amended Brief of the Board of Directors of the State Bar of Texas, Commission for Lawyer Discipline, and Linda Acevedo, in her capacity as the Chief Disciplinary Counsel of the State Bar of Texas, has been served on Appellant, John Doe, by and through his attorneys of record, Mr. Gaines West, Ms. Jennifer Jasper, and Mr. Rob George, West Webb, Allbritton & Gentry, by electronic service through this Court’s electronic filing service provider on the 13th day of May 2015.

/s/ Cynthia Canfield Hamilton CYNTHIA CANFIELD HAMILTON SENIOR APPELLATE COUNSEL STATE BAR OF TEXAS

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ACCEPTED 03-15-00007-CV 5271285 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/13/2015 3:17:59 PM JEFFREY D. KYLE CLERK No. 03-15-00007-CV

FILED IN 3rd COURT OF APPEALS In the Court of Appeals AUSTIN, TEXAS

Third District of Texas 5/13/2015 3:17:59 PM JEFFREY D. KYLE Austin, Texas Clerk

JOHN DOE, APPELLANT V.

BOARD OF DIRECTORS OF THE STATE BAR OF TEXAS, COMMISSION FOR LAWYER DISCIPLINE, AND LINDA ACEVEDO IN HER OFFICIAL CAPACITY AS THE CHIEF DISCIPLINARY COUNSEL OF THE STATE BAR OF TEXAS, APPELLEES

Appealed from the 126th District Court Of Travis County, Texas Honorable Scott Jenkins, Judge Presiding

APPELLEES’ UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED BRIEF

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

No. 03-15-00007-CV

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

JOHN DOE, APPELLANT V.

BOARD OF DIRECTORS OF THE STATE BAR OF TEXAS, COMMISSION FOR LAWYER DISCIPLINE, AND LINDA ACEVEDO IN HER OFFICIAL CAPACITY AS THE CHIEF DISCIPLINARY COUNSEL OF THE STATE BAR OF TEXAS, APPELLEES

Appealed from the 126th District Court Of Travis County, Texas Honorable Scott Jenkins, Judge Presiding

APPELLEES’ UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED BRIEF

TO THE HONORABLE COURT OF APPEALS:

Appellees, the Board of Directors of the State Bar of Texas, the Commission

for Lawyer Discipline, and Linda Acevedo in her official capacity as the Chief

Disciplinary Counsel of the State Bar of Texas, asks the Court, under the authority of Rule 38.7 of the Texas Rules of Appellate Procedure, for leave to file an

amended brief in this matter.

I.

The Commission filed its brief on May 11, 2015. An amended brief is being

filed at the same time as the instant motion.

The Commission seeks to file an amended brief because the amended version

has been edited for clarity and readability. No new cases or authorities have been

added. The amending of Appellees’ brief will prevent confusion and thereby aid

the Court in resolving this matter appropriately.

Appellant does not oppose this motion.

III.

For these reasons, Appellees asks the Court to grant permission for leave to

file an amended brief.

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 STATE BAR CARD NO. 00790419 ATTORNEYS FOR APPELLEES

CERTIFICATE OF CONFERENCE

/s/ Cynthia Canfield Hamilton CYNTHIA CANFIELD HAMILTON SENIOR APPELLATE COUNSEL STATE BAR OF TEXAS

CERTIFICATE OF SERVICE

/s/ Cynthia Canfield Hamilton CYNTHIA CANFIELD HAMILTON SENIOR APPELLATE COUNSEL STATE BAR OF TEXAS

John Doe v. Board of Directors of the State Bar of Texas Commission for Lawyer Discipline And Linda Acevedo, in Her Official Capacity as the Chief Disciplinary Counsel of the State Bar of Texas, (Tex. Ct. App. 2015).

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John Doe v. Board of Directors of the State Bar of Texas Commission for Lawyer Discipline And Linda Acevedo, in Her Official Capacity as the Chief Disciplinary Counsel of the State Bar of Texas (John Doe v. Board of Directors of the State Bar of Texas Commission for Lawyer Discipline And Linda Acevedo, in Her Official Capacity as the Chief Disciplinary Counsel of the State Bar of Texas) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.