Citation: Tex. B.J. 782

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REINSTATEMENTAlexander R.D. Wallenwein

[#20782200], 49, of Houston, has peti-tioned the 190th District Court of Har-ris County for reinstatement as amember of the State Bar of Texas.

BODA ACTIONS

On July 6, the Board of DisciplinaryAppeals dismissed for wanrt of prosecu-tion the appeal of Gilbert Medina, Jr.[#13894975], 58, of Dallas, from a judg-ment of probated suspension signed byan evidentiary paiel of the District 6-A

DON'T REPRESENT YOURSELF!

Flow often do you advise clients to representthemsel ves when accused of wrongdoing?

Why give yourself different advice?

CONSULTATIONOR REPRESENTAIXON

S'TEVEN L. LEE

OVER 25 YEARS EXPERIENCE

I1 years experience with the State Bar ofTexas as Assistant and Deputy General

Counsel as well as Acting General Counsel

LIONE & LEE, RP.C.3921 SIECK AVENUE

SUITE A- 119ALSTIN, TEXAS 78759

(512) 346-8966

Rresenting Lawyers & _Law Students Since 1991

STATEWIDE REPRESENTATION

782 Jexts Bar Jou~rnal Oictober 2009

Grievance Committee in Case Nos.0080732672, D0080732674, andD0080732676 on Jan. 16. The Boardfound that Medina did not file areporter's record or a brief The Boardissued an order to show cause to Medinaon June 2, giving him 30 days torespond and show cause as to why theappeal should not be dismissed for wantof prosecution. Medina did riot respond.Medina remains on a probated suspen-sion from the practice of law urtil Jan.30, 2011L BODA cause number 44050.

On Aug. 18, the Board of Discipli-nary Appeals signed an interlocutoryorder of suspension against JamesJoseph Everett [#06742100], 54, ofScottsdale, Ariz. On Jan. 23, Everett wasfound guilty of violating Title 18 U.S.C.§152(3), false declaration in bankruptcyproceedings; Title 18 U.S.C. §157,bankruptcy fraud; and Title 18 U.S.C.§1956(a)(1) (B) (i), money launder-inglconcealntes, intentional crimes asdefined in the Texas Rules of Discipli-nary Procedure, in Cause No. CR 06-00795-001-PIX-JAT, styled UnitedStates of America v. James Joseph Everett,in the T.S. District Court for the Dis-trict of Arizona. Everett was sentenced to13 months in the custody of" the T.S.Bureau of Prisons followed by supervisedrelease for three years and ordered to payan assessment of $3,300 and a fite of$7,500. Everett has appealed the comic-tion. The Board retains jurisdiction toenter a final judgment when the criminalappeal is final. Evxerett answered butfailed to appear at the hearing. BODAcause number 44 745.

On Aug. 18, the Board of DisciplinaryAppeals signed a final judgment disbar-ring alen Ray Surnrow [#195113751,

59, of Rockwall. On June 25, 2008, theBoard signed an interlocutory order sus-pending Sumrow fron the practice oflaw pending the appeal of his criminalconviction for theft by a public servant,aggregated, of more than $1,500 but lessthan $20,000, a third-degree felony inviolation of Texas Penal Code Sections31, 31.03(e)(4), and 31.03(f)(1), inten-tiortal crirnes as defined in the TexasRules of Disciplinary Procedure, in causeNo. 2-07-629, stled, The State of Texasv. Galen Ray Sumrow, in the 382nd Judi-cial District Court of Rockwall County.Sumrow was sentenced to four years inthe custody of the Institutional Divisionof the Texas Department of CriminalJustice. In addition, fie was ordered topay restitution in the a mount of$9,652.76 and ordered to be removedimmediately as the criminal districtattorney, of Rockwall Couty. On April17, the Court of Appeals for the 5th Cir-cuit of Texas disrnissed Sunirow's appealafter it was withdrawn arid. issued itsmandate indicating that his conviction isfinal. BODA cause number 42036.

On Aug. 18, the Board of Discipli-nary Appeals signed a final judgmentdisbarring Barry Wayne Brown[#24:045566], 39, of Searcy, Ark. OnJune 25, 2008., the Board signed aninterlocutory order suspending Brownfrom the practice of law pending theappeal of'his criminal conviction of threecharges in general court martial order inCause No. 431-43-9656FR U.S. AirForce, 37th raining Wing, Lackland AirForce Base: attempt to commit premedi-tated murder, conspiracy to commit pre-meditated murder, and wrongfulfraternization with an enlisted person,offenses under the Uniform Code ofMilitary Jusrice. Ihe cimnes of arrentpr

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to cornt-mit preieditated murder andconspiracy to commit priemeditatedtnurder are intentional crimes as definedin the Texas Rules of Disciplinary Proce-dure. Brown was sentenced to confine-ient for 18 years in the U.S. Air ForceCorrections System. The court martialwas subject to an automatic appeal. TheU.S. Air Force Court of CritminalAppeals affirned his critninal convictionon April 23, 2008. Oii Nov 1.3, 2008,the U.S. Court of Appeals fbr the ArmedForces denied his petition for grant ofreview. Brown answered but failed toappear at the hearing. BODA causenunber 37539.

On Aug. 18, the Board of Discipli-nary Appeals revoked the probation ofJames L. Guinan [#08597800], 45, ofDallas, and suspended him from thepractice of law for one and a half years,beginning March 16 and ending Sept.16, 2010. On Feb. 12, the District 6-AGrievance Committee signed a judg-ment of partially probated suspension.The Committee found that Guinancommitted professional iisconduct byviolating Texas Disciplinary Rules ofProfessional Conduct 8.04(a)(8) and(a) (11) and suspended hin from thepractice of law for one and a half years,With the last nine months of the suspen-sion, beginning Dec. 16, probated oncertain terms and conditions. The Boardof Disciplinary Appeals found thatGuinan materially violated the terms andconditions of his active suspension andhis probated suspension. BODA causenumber 44900.

SUSPE[NSIONS

On June 2, Don C. Cooksey[#04762500], 62, of Texarkana, receiveda one-year, fully probated suspensioneffecttive June 1. Itt November 2006, thecomplainant iiiredl Cooksey toi represein-ration in a. child suippot rmatter for a.$1,500 fee. Thereafrt, Cooksey failed tokeep the complainant informed iregatrd-

ing his matter arid failed to respond, tothe complainant's requests for irifoirna

tion. In addition, Cooksey failed tosupervise his employees during the courseof the case. Furthermore, Cooksey failedto promptly return the complainants fee.And finally, Cooksey failed to respond tothe comlplainants grievance.

Cooksey violated Rules 1.03(a),1.15(d), 5.03, and 8.04(a)(8). I--e wasordered to pay $5,932.97 in attorney'sfees and costs.

Cooksey did riot file an appeal.

On June 1. 1, Trad Lohmann Ahart[#240001611, 36, of 1louston, accepteda two-year, fully probated suspensioneffective June 15. An evidentiary panel ofthe District 4-E Grievance Committeefound that Ahair neglected a client's legalmatter, frequently failed to carry outcompletely the obligations owed to theclient, failed to keep the client reasonablyinformed about the status of her legalmatter, and failed to prormptly complywith reasonable requests fbr informationfrom the client about her legal matter.

Ahart violated Rules 1.01(b)(1) and(b)(2) and 1.03(a). She agreed to pay$3,075 in attorney's fees and costs.

On May 7, Bret Christopher Green[#24027210], 42, of San Antonio,received a 10-year, partially probated.suspension effective Jan. 29, with thefirst three years activels served and theremainder probated. The District 10-AGrievance Committee found that Greenagreed to represent a client on multiplecriminal tmiatters and a bankruptcy caseand was paid $31,310 to pay restitutionfor the client in the crimninal cases andfor his attorney's fees. Green failed to payrestitution on behalf of the client, failedto naintain the restitution fuids in atrust account, and failed to refundunearned fees and umnpaid restitution.

Creen violated Rules 1.14 (a), (b),amid (c); 1.15(h); amid 8.04(a)(3). lie wasotrdeerd to pay $1,600 in attorney's feesamid expenses arid $21 ,8 10 mn restitution.

On June 29, Alene Gay Mc inney[#24011060], 49, of Sari Antonim,

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accepted a one-year, filly probated sus-pension effective Aug. 3. The District10B- I Grievance Committee found.McKinney neglected a client's case, failedto communicate with a client, arid failed.to respond to the grievance.

McKinney violated Rules 1.01 (b) (1),1.03(a), and 8.04 (a)(8). i---e was orderedto pay $2,490.90 in attorney's fees andexpenses.

On July 7, an order of immediateinterim suspension was entered in the414th District Court of McLennanCounty against Tammy T. Polk[#24027624], 34, of Waco. The Courtfound that on Oct. 9, 2008, in CauseNo. 2007-1912-C2, in the 54th DistrictCourt of McLennan County, Polk, orsomeone acting under the direction ofPolk, forged Assistant District Attorney

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ATTORNEYS & COUNSELORS

BOARD CERTIFIED, CiviL TRIAL LAW

14 YEARS TRIAL EXPERIENCE,

OVER B YEARS WITH THE

STATE BAR OF TEXAS AS

ASSISTANT DISCIPLINARY COUNSEL

5252 WESTCHESTER, SUITE 125HOUSTON, TEXAS "77005

PO, Box 25371IHOUSTON, TEXAS 77265

7 13.667.6900713.667.6904 FAXjennifer@ hasleyscaranocom

\Vol. 72, No. 9 l 7ixas Bar]-ourn.a! 783

I

With theC T C L LSt~s more important than ever to hire

experienced counsel

FORMFR CHILI' OF I IJICAIJONOFFICE OF GENERAL C OUNsEI

STATE NW OF TEXt

OVER 20 YE lAS EXPERIEN( EIN DISCIPLINARY MA! I ERS

SIAIF'vX IDE PRAC lICE

6901 CORPORATE DRIVESUITE 111

HOUSTON, TEXAS 7036

TEL.: (713) 995-6500 (0)(713) 995 6503 (F)

784 Axe,'a Bat Journal October 2009

Melanie Walkeirs signatuic on a motionto dismiss, Polk subsequently piesentedit as 'valid to the Couit.

On. March 12, Thomas A, Z es[#22249420], 47, of Houston, received, athrice-year, painal ly pirobated suspensioneffective May I, wxith the first six monthsactixely seixed. _An exidentiarv panel ofthe District i-B (Grievance Committeefound thai iii the irst mtatt, Lakes wasietained by a client foi representation ina criminal inattei. Lakes failed, to identi-fy property belonging to the client andfailed to approptiately safeguard thepiopeity. Upon termination of the repie-sentation, Lakes failed to timely surien-der the propertx, to xvhich the client xvasentitled.. '1 e retention of the propeitypiejudiced the client in his criminal case.

In a second marrei, lakes failed totimely respond, to the pending griexanceagainst him. and asserted no legal.grounds for the failnie to do so. In athird, matter, Lakes engaged in the prac-tice of law while administratively sus-pended foi failuie to pay bar dues.

/akes violated Rules 1.14 (a), 1.I5(d),and 8.Oi(a)(8) and (a)(II). He wxasordered to pay $1,565 in attorney's feesand costs.

/akes filed a notice of appeal, onApiil 30.

On June 18, Alan M Howard[#10060000], 67, of Dallas, teceixed arhriee-year, pairial ly ptrobared, suspensioneffective _Aug. 1, with the first threemonths actively seived and the iemain-der probated. An evidentiary panel ofthe Distiict 6-A Giiexance Committeefound that Hoxvard failed to promptlydeliver funds that a third peison wxasentitled to teceive. Hoxvard also engagedin the practice of law when his iight topiactice had been adininistratixely sus-pended tot tailute to timely pay iequiredfees or assessments.

Howsard 'violated Rules 1.14i(b) and8.O4(a)(11). He vwas otdered to pay$2,308.14 in attorney's fees and costs.

Howsaid did not file an appeal.

On July 22, Kristin D. Wii nson[#24i037708], i6, of Houston, ieceived asix-month, actixe suspension effectiveSept. 1. An exidentiaty panel of the Dis-trict i-I Grievance Committee foundthat Wilkinson tailed to communicatewith the complainant doting the courseof the representation. In addition,\Kilkinson failed to safeguaid the com.-plainant's funds and. proper'v, and. shefailed, to piomiptly tender a full account-ing regarding the complainant's fundsand piopeirty upon tequest. Finally,while tepresenting the complainant,\Kilkinson engaged in conduct insvolv ingdishonesty, fraud, deceit, or misreprese.n-ration.

Wilkinson violated Rules 1.03(a) and.(b), 1.141(a) and. (b), and 8.04i(a)(3). Shewas otdered to pay $23,153.03 in atror-nev's fees and costs.

W'ilkinson had tintil Aug. 21. to filean. appeal.

On July 9, Panl K. gilliams[#215664iO]i 53. of Midland, accepted.a rtwo-year, fully piobated suspensioneffectixe June 1. An evidentiaty panel ofthe LDistiict 1.6-B Griexance Committeefound that \Killiams neglected two iep-resentations and failed to tespond to aclientCs reqtiests for information,

Williams 'violated Rules 1.01(b)(1.)and 1 .03(a). He was oidered to pay s-soin attoineys fees and expenses.

On March 3, 2008, gilliam BCh enault III [#0t475000], 68, of SanAntonio, teceived, a six-month, acmiesuspension effective March 1 5, 2008.'Ihe Distticr 10-A Griexance Committeefound that Chenault practiced law wvhilehis license was suspended.. Chenault'sadministiative suspension xvas liftedMatch 1.4i 2008, ending his disciplinary

stispension.Chenault 'violated. Rules 8.u04(a)( 11).

He wvas oideted to pay $3,763 in atror-ney/s fees and expenses,

On July 27, Roert Tedr[#007994O], iS, of" Houston, accepted.

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an 18-month, fully probated suspension,effective August 1.

An evidentiary panel of the District4-D Grievance Committee found thatTcir failed to abide by a client's decisionsconcerning the objectives and generalmethods of representation. Teir also rep-resented a client when the representationof that client became adversely limitedby the interests of the law firm for whichhe was working. Teir also knowingly dis -obeyed a ruling by a tribunal.

Teir violated Rules 1.02(a)(1),1.06(b)(2), and 3.04(d). He was orderedto pay $825 in attorney s fees and tocomplete three additional hours of con-tinuing legal education in the area ofethics each year for his next three MCLEreporting years.

REPRIMANDS

On June 24, Danny Lee Simmons[#240488011, 50, of I ubbock, accepteda public reprimand. An evidentiary panelof the DistrictI I6A-4 Grievance Com-mittee found Simmons neglected legalmatters entrusted to him and failed, tocommunicate with his clients.

Simmons violated Rules 1.01(b)(1)and 1.03(a). He agreed to pay $750 inattorney's fees and expenses and $1,900in restitution.

On July 16, Charles Russell Bomba[#02580499], 59, of San Antonio,accepted a public reprimand. An eviden-tiary panel of the District 10 GrievanceCommittee found that Bomnba failed toreturn his client's file upon request, neg-lected a bankruptcy representation,failed to keep his client reasonablyinformed, failed to respond. to reasonablerequests for information, and failed toreturn unearned fees.

Bosiba violated Rrsles 1.01(b)(1),1.03(a), and 1..15(d). lHe was osdered topay $1,000 in attorney's fees aiid experns-es and $2,000 sin restitution. C)

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Nominations are now being accepted for minority director for the State Bar of I-exas

Board of Directors, Self-nominations will -not be accepted. Four appointed positions werecreated on the Board in order to increase minority participation as well as to provide repre-sentation fiorn varying professional, geographic, and social envirornents. Two positionswill become vacant in 2010.

Noirinees will be screened by an. ad hoc committee composed of members from rtheState Bar Board's Nominations & Elections Subcommittee, the State Bar's Women in theProfession. Cotumittee, and the State Bar's Raciai Diversity in- the Profession Comimittee.Nominees will be responsible for their own expenses related to the interview process, Thead hoc cormmittee w ill submit to the President of the State Bar four nominations for thetwo vaca t positions. Ratification of the presidential appointment of the minoritydirectors will take place at the April 16, 2010, State Bar Board of Directors meeting.Board members serve three-year, staggered terms.

Criteria for selection:Any minority lawyer in good standing with the State Bar is eligible to

be nominated as a miniiority member director, provided such. lawyer hasnever served, or is not currently serving as a minority member director oras an elected director. In the frillest extent possible, the nominating coin-mittee shall only nominate persons who demonstrate the sensitivity andknowledge, gained froir. experiences in the profession. and the corm., unit,necessary to represent the interests of minority lawyers.

A i inority member of the State Bar is any lawyer who is female, Africanamicin, Hispanic American, Native American, or Asian American.

mmittee shall be guided, but not limited, by the fol-lecting its .nominees for rninority member diiector:

pulantion of the area in which the candidate resides and

rIsor ty -e presentation already on the State Bar Board ofI a parular geographic area.if leadersip ability.

f or oitical activities within he miinority community.

Vol. 72, No. 9 0Texas .Baro real 785%v w. texas bar~co m,.tbj