Hi, everyone. Some of you know me from my days prosecuting statewide for the AG's Office. I took a new position about year ago with the Office of Chief Disciplinary Counsel. Among other things, I am responsible for seeking compulsory discipline against any Texas attorney convicted of certain crimes; these include any felony of moral turpitude and all theft, barratry,and embezzlement cases. We do a pretty good job of learning of these cases and taking action, but as you can imagine, it is difficult to keep up with what every county in the state is doing. If you would, please contact me whenever you have convicted an attorney of one of these crimes, or even if you just know of someone who has been convicted. It will help us do our job better to make sure we don't have attorneys out there practicing who have no business doing such. If you're unsure whether a crime meets our definition please contact me and we can discuss it. Thanks so much! I still think prosecutors are the best bunch of people around and I am proud to know so many of you! Keep up the great work!

Contact info:

Laura Bayouth Popps
Deputy Counsel for Administration
Office of the Chief Disciplinary Counsel
6300 La Calma, Suite 300
Austin, TX 78752

(512) 453-5535
lpopps@texasbar.com

Question: Is deferred adjudication considered a "conviction" for disciplinary purposes?

Yes, it is. I should have specified that. Thanks.

LAURA: how about filing on this lawyer?

Testimony: Defense lawyer teamed with drug dealers
Judge resets sentencing hearing for a year to gauge his rehabilitation
By Steven Kreytak
AMERICAN-STATESMAN STAFF

Saturday, February 21, 2009

Noe Perez said he was skeptical when a woman who sold drugs for him brought then-Austin criminal defense lawyer Bruce Garrison to a South Austin motel room in 2006.

But Perez, a former drug kingpin who is serving life in prison, testified at a sentencing hearing for Garrison this week that, after Garrison sparked up a methamphetamine pipe, the two struck a deal.

In exchange for drugs, Perez said, Garrison would give Perez information on the arrests of Perez's associates and whether they were cooperating with the police.

Garrison has pleaded guilty to charges that he possessed drugs and forged judges' signatures on court documents, but much of the hearing testimony was about allegations that he disseminated information about clients cooperating with police, a practice lawyers said could have led to violent retribution.

Details.

I think the bar moved very quickly on Mr. Garrison.


bar status

According to the article, the attorney "agreed" to a suspension. Probably to avoid a revocation of his license. And Baird is assisting by delaying the entry of any "conviction."

Dear Laura:

How dare you say anything nice about prosecutors?!? Don't you know our members are unthinking ogres of oppression and corruption? Surely you don't think your own personal, verifiable experience working with honest, forthright prosecutors should trump the stereotypical narrative that prosecutors are jack-booted thugs whose sole purpose in life is to convict innocent people for the sake of personal aggrandizement?!?

No, really, it's true--I read it on the interwebs:

Grits

Shannon, I couldn't have said it better myself. How dare I actually hold a high opinion, much less express it, about my former colleagues! Even if they are "dreeeeeeeeeamy"!!!

You should do a similar post on the TCDLA site to give them a chance to complain about convicted prosecutors...oh, wait! You can't, because they keep it closed to all but defense lawyers. Leave it to the conspiracy nuts to see black helicopters arising from the wide-open TDCAA forum, and the secretive, closed society of defense lawyers as the supposed victims!

Well, we do prosecute prosecutors as well. See Schomburger, Johnson & Skinner, "Violating the Public Trust" (Texas Prosecutor Sept./Oct. 2008). I guess the other guys only read our website and not our magazine.

quote:

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Originally posted by Laura Popps:
Shannon, I couldn't have said it better myself. How dare I actually hold a high opinion, much less express it, about my former colleagues! Even if they are "dreeeeeeeeeamy"!!!

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Consider the source of the displeasure with your postings.

Too bad they don't have the "grits" to say it to you personally.

I guess this shows what a sheltered life I lead down this way, but I was amazed at the hostility towards prosecutors that is on display on the Grits website. The defense attys I deal with around here never display such hostility towards me or other members of the White Hat Fraternity.

Sounds like to me that Grits and some of his readers need to check themselves into an Anger Mgt. Class, and cool off. In fact, some of them probably need one of those 28-day residential treatment programs if they are to have any hope of coming back to reality. Maybe with the new Economic Stimulus Package, their insurance will be forced to cover it.

What's really scary is to read the blurb by the Bexar Co. Commissioner stating that Grits is must reading if you want to know what's going on in the world of Texas criminal justice. No telling how many other people who's only knowledge of criminal justice comes from getting an occasional speeding ticket, and watching L&O, think the same thing.

I wonder if Ray Sumrow got the memo that we don't prosecute prosecutors in Texas.

What kind of treatment can we expect from a blog entitled "Texas Justice. You might beat the rap but you won't beat the ride"? Or from someone with the real world credentials self-described as 'former journalist turned opposition researcher/political consultant, public policy researcher and blogger? Can you say Political Correctness?

His blog claims our Ms. Popps was asking for dirt only on 'defense lawyers'. I can see why he is no longer in the field of journalism. Blogs are much more forgiving for those who need to change the facts to match their agenda. Or maybe he was with MSNBC.

quote:

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Originally posted by RCC:
I wonder if Ray Sumrow got the memo that we don't prosecute prosecutors in Texas.

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He got the memo.

And as a result of that conviction against Sumrow, I brought a compulsory discipline action against him last year. As stated originally, we want information on ALL convicted attorneys.

Anyone who knows you, Laura, knows that integrity is your middle name.

quote:

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Originally posted by Greg Gilleland:
Anyone who knows you, Laura, knows that integrity is your middle name.

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I'll second that.

I take exception to this sophistry, to put it mildly. My experience is that the OCDC persecutes only when, notwithstanding the rules: (1) a respondent-attorney is behind in child support; or there’s a political animus; or there’s media attention and facts would ordinarily warrant discipline; or there was a fiduciary duty owed by respondent to complainant.

See http://knowyourcourts.com/Wilson/TexasStateBar.htm

I wish only that the atmosphere of zealous prosecution ordinarily applied in criminal cases was also present in regulation of the bar.

quote:

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Originally posted by PeteSmith:
I take exception to this sophistry

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Objection overruled.

For others considering flaming this thread in the future:

Welcome to the TDCAA Bulletin Boards. The discussions in these user forums are for the benefit of prosecutors and their staff members, although we welcome relevant and appropriate input from other members of the criminal justice and government lawyer community. These forums are NOT a source of legal advice for citizens. Call the State Bar of Texas (1-800-204-2222) for information on seeking legal advice.