Contact Information

The Board sends notices to lawyer-respondents using the designated email and mailing addresses on file with the State Bar of Texas membership department.  In accordance with Article III, section 3 of the State Bar Rules, each member has a duty to ensure that their contact information on file is current and accurate. This includes an email address and a registered mailing address for receiving communication from the State Bar.  Any request for the Board to send notices to a different address, either email or postal, shall be made in writing to BODA, copying all parties and counsel.

Lawyer-respondents represented by counsel must notify BODA of counsel’s name and contact information, copying all parties and counsel.

Any questions about these instructions or hearings before the Board should be directed to BODA staff at [email protected] or by telephone call to (512) 427-1578.

Hearing Setting

Unless noticed otherwise, all hearings before the Board of Disciplinary Appeals will be conducted in person in the courtroom of the Supreme Court of Texas, in the Tom C. Clark Building in Austin, Texas. 

Any requests for remote participation of any party or witness, or any request for remote hearing shall be made by motion in compliance with BODA Internal Procedural Rule 1.09(a)(1).  Such a motion should be filed as soon as practicable after service or as soon as the party/counsel is aware of the need.  The Board requests that any such motions be filed at least 14 days before the hearing date.  The motion must explain the grounds for the request and specify the relief sought.  A party filing such a motion should confer with the opposing party and provide a certificate of conference stating whether the motion is opposed. 

The Supreme Court’s courtroom is not equipped for hybrid in-person/remote proceedings.  In some cases in which remote participation is necessary, it may be necessary for the matter to be heard by remote hearing over Zoom. Remote hearings may be heard by a panel of the Board pursuant to BODA Internal Procedural Rule 1.04.

Motions for continuance shall be made by written motion in compliance with BODA Internal Procedural Rule 1.09(a)(1). Written motions should be made as soon as the party/counsel is aware of the need for a continuance and no less than seven days before the hearing date.  Any motion for continuance must explain the grounds for the request and specify the relief sought.  A party filing such a motion should confer with the opposing party and provide a certificate of conference stating whether the motion is opposed. The Board may grant or deny a motion for continuance without requesting or receiving a response.  The Board may request a response or may take up a motion for continuance at the hearing.

For planning purposes, the Board typically asks parties to sign and return a form acknowledging their hearing or oral argument setting and stating whether they intend to be present and participate, contest the matter and seek a continuance, or waive the hearing or argument and consent to have the matter decided on the pleadings and, where applicable, the record.  A signed hearing acknowledgment form does not constitute an answer, responsive pleading, or motion for continuance.  Failure to return the form by the deadline stated could result in the matter being removed from the contested hearing docket, reset, and placed on a docket for uncontested matters.

Filings

All pleadings and documents should be filed electronically by email to [email protected] in accordance with BODA Internal Procedural Rule 1.05. 

Pre-Trial Matters

Should the parties wish to submit prehearing briefing, it should be filed no later than 10 days before the hearing date. Any filings after that time should be filed as soon as practicable and accompanied by a motion for leave explaining the grounds. The Board may request additional briefing at any time.

To help trials go smoothly, the Board requests that each party submit potential documentary exhibits in digital form, in advance of the hearing.  The files should be in PDF format for documents.  For any photographs, audio, or video exhibits, please confer with BODA staff to ensure your proposed exhibits are received and can be viewed by all parties.  Questions about exhibits can be directed to [email protected].  For ease of reference, the file names should indicate the BODA case number, offering party, the exhibit number, and the title of the document.

The Board requests that any party intending to call witnesses file a witness list in advance of the hearing.  This includes any pro se party who wishes to provide sworn testimony.

All marked exhibits, witness lists, and other documents to be used during the trial may be filed in advance in accordance with BODA Internal Procedural Rule 1.09(d).  The Board encourages such filings and requests that they be filed no later than 7 days before the hearing date. 

In the event that a party possesses potential exhibits to be used as impeachment or rebuttal evidence that they do not wish to disclose to the opposing party prior to the trial, such exhibits should emailed to BODA separately and designated as confidential.  However, the presumption is that all potential exhibits should be shared with the opposing party. 

En Banc Hearings

There will be a brief docket call to confirm who is present for each case.  Please be aware other cases may appear on the hearing docket, in which case they will be heard one at a time beginning after the docket call is completed. 

The Chair will determine the order in which cases are heard. 

A Court Reporter will be present during all hearings before the Board.  The Court Reporter will prepare the official record of the hearing. 

The Board makes a video recording of each hearing.  All other recordings are prohibited.  A recording of each hearing will be made available following the hearing on BODA website at http://www.txboda.org/video-gallery and on BODA’s YouTube channel at https://www.youtube.com/@TXBODA.

Trials Before the Board

The parties must be cognizant of the standards under the governing rules, applicable to the particular type of case at issue.  The parties should be prepared to answer questions about how the rules apply to the case at issue.

The filing of any proposed exhibits does NOT ensure their admission into the record.  To be considered by the Board, an exhibit must be offered and admitted into evidence during the trial.

If a party wishes to introduce an exhibit that was not previously submitted to BODA, the offering party should alert the Chair and request leave of the Board to offer the evidence.  The offering party must comply with BODA Internal Procedural Rule 1.09(d).

Failure to comply with these instructions may result in the exclusion of offered exhibits. Any and all questions or issues regarding the presentation of exhibits should be brought to the attention of the Board in advance of the hearing.

Any pro-se Respondent wishing to present testimony must be sworn in as a witness and subject to cross-examination.

The Petitioner should specify the sanction it seeks and explain why such sanction is appropriate under the governing rules. The Respondent should explain why such sanction is not appropriate under the rules and what sanction would be appropriate.

Reciprocal Discipline Cases

The parties should review Texas Rules of Disciplinary Procedure Part IX and BODA Internal Procedural Rules Part VII.  In addition, the parties should be aware that under BODA Internal Procedural Rule 1.03, “[e]xcept as varied by the [Internal Procedural Rules] and to the extent applicable, the TRCP, TRAP, and TRE apply to all disciplinary matters before BODA.”

In reciprocal discipline cases, the Board exercises all the powers of a trial court. 

The Respondent’s answer date will be set based on the date of service, as explained in the Order to Show Cause.  If served by mail, the answer date is 30 days from the date of mailing of the Petition for Reciprocal Discipline and Order to Show Cause.  If personally served, the answer date is 30 days from the date of service.

A Respondent’s answer should raise any defenses under Texas Rule of Disciplinary Procedure 9.04 and provide some basic argument as to each defense raised.  The answer should be specific enough to put the Petitioner on notice as to Respondent’s position under each defense raised.  The answer should also explain what sanction Respondent believes is necessary and appropriate.

A Respondent seeking to prove a defense by clear and convincing evidence should follow the instructions above as to filing witness lists and exhibits in advance of the trial. 

Failure to file a timely answer may waive the Respondent’s right to raise defenses at the trial and may limit the scope of the hearing to exclude presentation of any such defenses. 

A certified copy of a disciplinary judgment from another jurisdiction is prima facie evidence of the matters contained therein, and another jurisdiction’s finding and final adjudication of professional misconduct is conclusive, subject to the defenses in Texas Rule of Disciplinary Procedure 9.04.  Therefore, the Respondent should focus on establishing a defense and may not relitigate the findings of professional misconduct from the disciplining jurisdiction.

The parties should specify what discipline they contend is “identical, to the extent practicable” to that imposed by the disciplining jurisdiction.

Compulsory Discipline Cases

The parties should review Texas Rules of Disciplinary Procedure Part VIII and BODA Internal Procedural Rules Part VI.  In addition, the parties should be aware that under BODA Internal Procedural Rule 1.03, “[e]xcept as varied by the [Internal Procedural Rules] and to the extent applicable, the TRCP, TRAP, and TRE apply to all disciplinary matters before BODA.”

In compulsory discipline cases, the Board exercises all the powers of a trial court.

The Board encourages the Respondent to file an answer or responsive pleading specific enough to put the Petitioner on notice as to the Respondent’s defensive position.  Any such pleading should be filed as early as practicable and no later than 10 days before the hearing.  Any filing after that time should be accompanied by a motion for leave explaining the grounds.

If the Respondent’s criminal sentence is fully probated or deferred adjudication, the Board requests that the Respondent file an answer or responsive pleading explaining why the Board should exercise its discretion under Texas Rule of Disciplinary Procedure 8.06 to suspend, rather than disbar, the Respondent.  Any such responsive pleading should be specific enough to put the Petitioner on notice as to the Respondent’s defensive position, particularly as to any facts the Board should consider in exercising its discretion.  In considering whether to suspend, the Board has applied the factors discussed in the Board’s opinion in In re Isassi, BODA Case No. 57699 (2017).  Any such responsive pleading should be filed as early as practicable and no less than 10 days before the hearing date.  Any pleading filed after that time should be accompanied by a request for leave.

A Respondent seeking suspension under Texas Rule of Disciplinary Procedure 8.06 should follow the instructions above as to filing witness lists and exhibits in advance of the trial.

The record of conviction or order of deferred adjudication is conclusive evidence of the Respondent’s guilt of the criminal offense.  Therefore, the Board will not entertain any attempt to relitigate the criminal matter.

As to whether the criminal offense meets the definition of Intentional and Serious Crime, as defined in the Texas Rules of Disciplinary Procedure, the parties should be prepared to address the elements of the offense under the statute at issue.

Revocation of Probation Cases

The parties should review Texas Rule of Disciplinary Procedure 2.22 and BODA Internal Procedural Rules Part V.  In addition, the parties should be aware that under BODA Internal Procedural Rule 1.03, “[e]xcept as varied by the [Internal Procedural Rules] and to the extent applicable, the TRCP, TRAP, and TRE apply to all disciplinary matters before BODA.”

In revocation of probation cases, the Board exercises all the powers of a trial court.

The Board makes every effort to hear revocation of probation cases within 30 days of service of the motion on the Respondent, in accordance with BODA Internal Procedural Rule 5.02. 

The Board encourages the Respondent to file an answer or responsive pleading specific enough to put the Petitioner on notice as to the Respondent’s defensive position.  Any such pleading should be filed as early as practicable and no later than 10 days before the hearing.  Any filing after that time should be accompanied by a motion for leave explaining the grounds.

The parties should follow the instructions above as to filing witness lists and exhibits in advance of the trial.

Oral Argument in Evidentiary Appeal Cases

The parties should review the Texas Rule of Disciplinary Procedure Part II and BODA Internal Procedural Rules Part IV as to appeals from judgments issued by evidentiary panels.  In addition, the parties should be aware that under BODA Internal Procedural Rule 1.03, “[e]xcept as varied by the [Internal Procedural Rules] and to the extent applicable, the TRCP, TRAP, and TRE apply to all disciplinary matters before BODA.”

In evidentiary appeals, the Board exercises all powers of an appellate court.

The Appellant should be clear in its appellant’s brief about whether oral argument is requested, in accordance with BODA Internal Procedure Rule 4.06(a). 

When oral argument is requested, the Board typically sets the case for oral argument.  However, under BODA Internal Procedural Rule 4.06(b), the Board may determine that oral argument is unnecessary.

When oral argument has not been requested, the Board may nevertheless direct the parties to appear and argue.

Each side is given 20 minutes to argue.  The Appellant may reserve some of its time for rebuttal. 

The Board uses the timer and lights on the podium.  When the light turns red, the party must wrap up immediately.  Any additional argument should be made only upon leave granted by the Board chair.

The parties should confine their argument to what is in the record.  The Board will not hear new testimony or admit new evidence.

The parties should be prepared to address the appropriate standard of review and how it applies in the case.  When an appeal from a disciplinary judgment turns on evidence admitted during the trial, the parties should be prepared to address the evidentiary record.

Board members may ask questions, and the Chair may extend a party’s time to allow Board members to ask their questions.