Texas Rules of Disciplinary Procedure Back to Outline

(Tex. R. Disciplinary P., reprinted in Tex. Govt Code Ann,. tit. 2, subtit. G app. (Vernon Supp. 1995)

III TRIAL IN DISTRICT COURT 3.01 Disciplinary Petition

If the Respondent timely elects to have the Complaint heard by a district court, with or without a jury, in accordance with Rule 2.15, the Chief Disciplinary Counsel shall not more than sixty days after receipt of Respondent's election to proceed in district court notify, the Presiding Judge of the administrative judicial region covering the county of appropriate venue of the Respondent's election by transmitting a copy of the Disciplinary Petition in the name of the Commission to the Presiding Judge. The petition must contain:

A. Notice that the action is brought by the Commission for Lawyer Discipline, a committee of the State Bar.

B. The name of the Respondent and the fact that he or she is an attorney licensed to practice law in the State of Texas.

C. A request for assignment of an active district judge to preside in the case.

D. Allegations necessary to establish proper venue.

E. A description of the acts and conduct that gave rise to the alleged Professional Misconduct in detail sufficient to give fair notice to Respondent of the claims made, which factual allegations may be grouped in one or more counts based upon one or more Complaints.

F. A listing of the specific rules of the Texas Disciplinary Rules of Professional Conduct allegedly violated by the acts or conduct, or other grounds for seeking Sanctions.

G. A demand for judgment that the Respondent be disciplined as warranted by the facts and for any other appropriate relief.

H. Any other matter that is required or may be permitted by law or by these rules.


Bluebook Citation

Texas Rules of Disciplinary Procedure. § 3.01, (Texas Center for Legal Ethics, 2023) from https://legalethicstexas.com/resources/rules/texas-rules-of-disciplinary-procedure/disciplinary-petition/ (last visited Feb 06, 2023)