STEPHEN T. LEAS v. Comm'n for Lawyer Discipline

On October 27, 2004 the Board of Disciplinary Appeals modified the sanction imposed after remand in a judgment of partially probated suspension against McAllen attorney Stephen T. Leas, 50, SBOT Card No. 12095255, signed by the evidentiary panel of the State Bar of Texas District 12B Grievance Committee on December 4, 2003 in Cause No. S2080103329. Following Leas' first appeal, the Board of Disciplinary Appeals reversed two of the five findings of misconduct and remanded the matter to the evidentiary panel for a new hearing solely to determine sanction. Upon remand, the evidentiary panel increased the period of active suspension from the original two months to four months. The Board found that there was no new evidence to support the increased sanction and that it was, therefore, an abuse of discretion. The Board of Disciplinary Appeals modified the sanctions to conform to the original judgment (two months active suspension and 58 months probated suspension) with credit for all terms and conditions satisfied and periods already served. The sanction after remand had been stayed pending the outcome of the appeal.