Meachum v. Commission for Lawyer Discipline

36 S.W.3d 612, 2000 Tex. App. LEXIS 8122, 2000 WL 1782643
CourtCourt of Appeals of Texas
DecidedDecember 6, 2000
Docket05-00-00042-CV
StatusPublished
Cited by18 cases

This text of 36 S.W.3d 612 (Meachum v. Commission for Lawyer Discipline) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Meachum v. Commission for Lawyer Discipline, 36 S.W.3d 612, 2000 Tex. App. LEXIS 8122, 2000 WL 1782643 (Tex. Ct. App. 2000).

Opinion

OPINION

Opinion By

Justice MORRIS.

This is an appeal from a judgment of disbarment in an attorney discipline action brought in district court. Appellant H. Wayne Meachum asserts the district court lacked subject matter jurisdiction to hear the disciplinary action because the grievance committee was improperly constituted. Meachum also complains about the admission of a Ghent’s hearsay affidavit into evidence. Because we conclude the alleged defects in the grievance committee’s composition did not deprive the district court of subject matter jurisdiction and the admission of the affidavit did not result in any reversible error, we affirm the trial court’s judgment. We publish this opinion as directed by Texas Rule of Disciplinary Procedure 6.06. See Tex.R. DisciplinaRY P. 6.06, reprinted in Tex. Gov’t Code Ann., tit. 2, subtit.' G. app. A-1 (Vernon 1998).

I.

This matter arises out of four grievance complaints filed against Meachum by four different people. One of the grievances was filed by John Stanglin and alleged that Meachum misappropriated funds Stanglin deposited into Meachum’s attorney trust account. The other grievances, filed by William Z. Hornbuckle, Billy W. Pickard, and Daron D. Sneed, claimed that Mea-chum failed to communicate with them and keep them informed about the status of their cases. They further alleged Mea-chum failed to provide an accounting or return of the retainer fees they advanced.

The complaints were referred to the District 6A Grievance Committee and assigned to committee panels for investigation. After investigatory hearings were held, the grievance committee notified Meachum of its determination that there was just cause to find he had engaged in professional misconduct in all four matters. The committee proposed sanctions for each complaint. Meachum rejected the grievance committee’s proposed sanctions and, in accordance with rule 2.14 of the Rules of Disciplinary Procedure, elected to have the complaints heard in district court. See Tex.R. DisciplinaRY P. 2.14. The Commission for Lawyer Discipline then filed a disciplinary petition in district court pursuant to rule 3.01. See Tex.R. DisciplinaRY P. 3.01. After a trial without a jury, the trial court found Meachum engaged in professional misconduct in all foui' matters. The trial court signed a judgment of disbarment on the Stanglin complaint and assessed partially probated suspensions on the other three complaints to take effect only if the disbarment judgment was set aside. This appeal followed.

II.

We first address Meachum’s contention that the trial court lacked subject matter jurisdiction to hear the disciplinary action because the grievance committee was not properly constituted in accordance with the procedures set forth in rule 2.03. See TexR. Disiciplinary P. 2.03. Specifically, Meachum contends certain individuals became committee members through untimely interim appointments. He also *614 complains about one committee member allegedly serving a prohibited third consecutive term even though that person was not on any of the investigatory panels that heard the grievances against him. In effect, Meachum argues the grievance committee was defectively composed and, therefore, was not empowered to make any just cause finding.

For Meachum’s jurisdictional argument to succeed, he must first establish that a just cause finding from the grievance committee is a jurisdictional prerequisite to the district court’s authority to hear a disciplinary action. Meachum has cited no authority, and we have found none, that so holds. On the contrary, at least one appellate court has determined the district court’s authority to hear disbarment proceedings is derived from its constitutional grant of jurisdiction. See State v. Pounds, 525 S.W.2d 547, 552 (Tex. App. — Amarillo 1975, writ refd n.r.e.). Similarly, another court of appeals has concluded a trial court did not lack subject matter jurisdiction merely because the grievance committee allegedly failed to comply with the rights granted by the State Bar Act. See Smith v. Grievance Comm., State Bar of Tex. for Dist. Ik-A, 475 S.W.2d 396, 399 (TexApp. — Corpus Christi 1972, no writ) (per curiam). In fact, nothing in the Texas Rules of Disciplinary Procedure requires the commission to plead or prove a just cause finding in the district court. See Tex.R. Disicipli-naey P. 3.01; Favaloro v. Commission for Lawyer Discipline, 13 S.W.3d 831, 837 (Tex.App. — Dallas 2000, no pet.); Wade v. Commission for Lawyer Discipline, 961 S.W.2d 366, 371 (Tex.App. — Houston [1st Dist.] 1997, no pet.) (per curiam). Because the district court’s authority to hear a disciplinary action is not derived from or dependent upon the grievance committee’s just cause finding, we conclude there is no merit to Meaehum’s contention that the district court lacked subject matter jurisdiction.

Even assuming a just cause finding is necessary to confer jurisdiction on the district court, we are unpersuaded the just cause findings in this case were void because of interim nominations and appointments. As we understand Mea-chum’s argument, he asserts that the time limits for committee member nominations and appointments set forth in rule 2.03 are mandatory, and any nominations or appointments made outside of these time periods result in an improperly constituted committee whose actions are necessarily void. Rule 15.07 specifies which time periods in the Texas Rules of Disciplinary Procedure are mandatory. Those listed in rule 2.03 are not among them. Tex.R. Disciplinaey P. 15.07. Rule 2.03 time periods are therefore “directory only and the failure to comply with them does not result in the invalidation of an act or event by reason of noncompliance with those time limits.” Id.

Meachum also complains about the trial court’s admission of a hearsay affidavit from Stanglin’s daughter, much of which she allegedly repudiated. 1 Mea-chum asserts that because the affidavit is the only evidence he did not disburse trust account funds in accordance with his client’s instructions, the judgment of disbarment must be reversed. 2 Contrary to appellee’s argument, Meachum’s complaint is not simply about the sufficiency of the evidence if the affidavit were excluded. Meachum’s complaint is more targeted. He asserts the admission of the affidavit *615 containing inculpatory hearsay statements violated his due process right to confront the testifying witness. Notably, at oral argument, appellee conceded the trial court’s admission of the affidavit into evidence was error.

We agree the trial court erred in admitting the affidavit over Meachum’s objection. We therefore limit our inquiry, as Meachum recognizes we must, to whether the admission of the affidavit probably caused rendition of an improper judgment of disbarment. See Tex.R.App.P. 44.1(a)(1).

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Bluebook (online)
36 S.W.3d 612, 2000 Tex. App. LEXIS 8122, 2000 WL 1782643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meachum-v-commission-for-lawyer-discipline-texapp-2000.