ORDER OF THE SUPREME COURT OF TEXAS ;. Misc Docket No. 97- 9009

Transcription

ORDER OF THE SUPREME COURT OF TEXAS;.Misc Docket No. 97- 9009Appointment of a District Judge to Presidein a State Bar Disciplinary ActionThe Supreme Court of Texas hereby appoints the Honorable Horace D. Black, Judge ofthe 77th District Court of Limestone County, Texas, to preside in the Disciplinary Action styled:The Commission for Lawyer Discipline v. Andrew Abraham Dunlapto be filed in a District Court of Dallas County, Texas.The Clerk of the Supreme Court shall promptly forward to the District Clerk of DallasCounty, Texas, a copy of this Order and of the Disciplinary Petition for filing and servicepursuant to Rule 3.03, Texas Rules of Disciplinary Procedure.As ordered by the Supreme Court of Texas, in chambers,with the Seal th r of affixed at the Cityof Austin, this'lday„of January, 1997.ADAMS, CLERKE COURT OF TEXAS

This assignment, made by Misc. Docket No. 9 9009, is also anassignment by the Chief Justice of the Supreme Court pursuant toTexas Government Code §74.057.Signed thisday of January, 1997.Thomas R. PhillipsChief Justice

NO.COMMISSION FOR LAWYER DISCIPLINE §§IN THE DISTRICT COURT OFV.DALLAS COUNTY, TEXAS§§§ANDREW ABRAHM DUNLAPJUDICIAL DISTRICTDISCIPLINARY PETITIONTO THE HONORABLE JUDGE OF SAID COURT:COMES NOW Petitioner, the Commission for Lawyer Discipline, a committee of theState Bar of Texas (hereinafter called "Petitioner"), complaining of Respondent, AndrewAbrahm Dunlap, (hereinafter called "Respondent"), showing the Court:1.Petitioner brings this disciplinary action pursuant to the State Bar Act, Tex. Gov't. CodeAnn. §81.001, et seq. (Vernon 1988), the Texas Disciplinary Rules of Professional Conduct andthe Texas Rules of Disciplinary Procedure.The complaint which forms the basis of theDisciplinary Petition was filed on or after May 1, 1992.II.Respondent is an attorney licensed to practice law in Texas and is a member of the StateBar of Texas.Respondent is a resident of and has his principal place of practice in DallasCounty, Texas. An officer may serve citation on Respondent at 1999 Bryan Street, Suite 2700,Dallas, Texas 75201.Andrew Abrahm Dunlap - Disciplinary PetitionPage 1 of 4

III.On or about July 15, 1994, Joe M. Lopez (hereinafter referred to as "Lopez") engagedRespondent to represent him in a Texas Workers' Compensation matter and to file a request forreview in connection with an earlier, adverse ruling in his case.On August 19, 1994, Lopez'scase came before an Appeals Panel of the Texas Workers' Compensation Commission for acontested case hearing, but Respondent had neglected to file a request for review with the TexasWorkers' Compensation Commission.Because of Respondent's failure to file a request forreview on behalf of Lopez, the Appeals Panel entered an order stating that Lopez's appeal wasdeemed to have been withdrawn, and his case was dismissed. Respondent failed to advise Lopezof what had happened with his case.IV.As a result of the conduct described in Paragraph III, Lopez filed a complaint againstRespondent with the State Bar of Texas on April 25, 1996. On April 25, 1996, the State Barof Texas sent, by certified mail return receipt requested, a letter to Respondent notifying himthat a complaint alleging professional misconduct on his part had been filed against him byLopez. In said letter, Respondent was advised that, pursuant to Rule 2.09 of the Texas Rulesof Disciplinary Procedure, he was required to file a written response with the State Bar of Texaswithin thirty (30) days of his receipt of the letter.Respondent received the letter on April 26,1996, and failed to furnish the State Bar of Texas a written response to the complaint within therequired thirty (30) days of his receipt of the notification letter, and he failed to timely asserta privilege or other legal ground for his failure to furnish his response.Andrew Abrahm Dunlap - Disciplinary PetitionPage 2 of 4

V.Such acts and/or omissions on the part of Respondent as are described in Paragraphs IIIand IV, hereinabove, which occurred on or after January 1, 1990, constitute conduct whichviolates Rules 1.01(b)(2), 1.03 and/or 8.04(a)(8) of the Texas Disciplinary Rules of ProfessionalConduct.VI.The complaint which forms the basis of the Cause of Action hereinabove set forth wasbrought to the attention of the Office of General Counsel of the State Bar of Texas by Joe M.Lopez filing a complaint on or about April 23, 1996.PRAYERWHEREFORE, PREMISES CONSIDERED, Petitioner prays for judgment thatRespondent be disciplined as the facts shall warrant; and that Petitioner have such other reliefto which entitled, including costs of Court and attorney's fees.Respectfully submitted,Steve W. YoungGeneral CounselAndrew Abrahm Dunlap - Disciplinary PetitionPage 3 of 4

Assistant General CounselAngela MethvinState Bar of TexasLitigation - Dallas5910 N. Central ExpresswaySuite 920Dallas, Texas 75206(214) 368-0083FAX (214) 368-6953ATTORNEYS FOR PETITIONERAndrew Abrahm Dunlap - Disciplinary PetitionPage 4 of 4

ISTATE BAR OF TEXASOffice of the General CounselLitigation - DallasNovember 26, 1996CMRRR NO. P 378 167 492John T. Adams, ClerkSupreme Court of TexasP.O. Box 12248AUSTIN, TX 78711RE:Commission for Lawyer Discipline v. Andrew Abrahm DunlapDear Mr. Adams:Enclosed please find an original and two (2) copies of a Disciplinary Petition being filed by theCommission for Lawyer Discipline against Andrew Abrahm Dunlap. Mr. Dunlap is a residentof Dallas County, Texas. Request is hereby made that the Court appoint an active District Judgewho does not reside in the Administrative Judicial Region in which Respondent resides to presidein this case. Upon appointment, request is made that you notify the Respondent at the addressshown below and the undersigned of the identity and address of the judge assigned:Andrew Abrahm Dunlap1999 Bryan StreetSuite 2700, LB 107Dallas, Texas 75201As a practical matter, I would respectfully suggest that you inquire with the judge to beappointed as to whether he or she will be able to comply with the 180 day deadline by whichthe case must be set for trial set forth in Section 3.07 of the Texas Rules of DisciplinaryProcedure. If not, I would respectfully request that an alternate appointment be made.Once a trial judge has been appointed, please forward the original and two (2) copies of theDisciplinary Petition, the filing fee check, also enclosed herewith, and the Court's appointingorder to the District Clerk of Dallas County, Texas, with the request that the suit be filed,service be obtained, and a file stamped copy of the petition be returned to the undersigned.Premier Place, 5910 N. Central Expressway, Suite 920, Dallas, Texas 75206Telephone (214)368-0083 - Fax (214)368-6953

John T. Adams, ClerkNovember 261996Page 2Also enclosed are a pre-addressed envelope for your use in transmitting the petition, etc., to theDistrict Clerk of Dallas County, Texas, and a return envelope to be sent to the District Clerkof Dallas County, Texas, for the Clerk's use in returning a file stamped copy of the petition tothe undersigned.Thank you for your courtesies in this matter.AssiWant Gen eral CounselEnclosures

THE SUPREME COURT OF TEXASCHIEF JUSTICETHOMAS R. PHILLIPSPOST OFFICE BOX 12248AUSTIN, TEXAS 78711CLERKJOHN T. ADAMSTEL:(5I2)463-1312JUSTICESRAUL A. GONZALEZNATHAN L. HECHTJOHN CORNYNCRAIG ENOCHROSE SPECTORPRISCILLA R. OWENJAMES A. BAKERGREG ABBOTTFAX: (512) 463-1365EXECUTIVE ASS'TWILLIAM L. WILLISADMINISTRATIVE ASS'TNADINE SCHNEIDERJanuary 8, 1997Honorable Horace D. BlackJudge, 77' District CourtP.O. Box 230Groesbeck, Texas 76642Dear Judge Black:We enclose for your information a copy of the order of assignment, a copy of the DisciplinaryAction, a copy of the notification letter to Ms. Methvin and Mr. Dunlap, and a copy of the letter tothe District Clerk of Dallas County.We then recommend that, either before or immediately after you set the case for trial, theHarris County District Court Administrative Office (214-653-6108) be contacted to reserve acourtroom, provide for a court reporter, etc. Finally, you should contact the Presiding Judge of theAdministrative Judicial Region into which you have been assigned (214-653-2943) to obtaininformation on lodging, allowable expenses, and claims forms for your expenses incident to presidingover this disciplinary case.Sincerely,S@C-Nf" John T. AdamsClerk

THE SUPREME COURT OF TEXASCHIEF JUSTICETHOMAS R. PHILLIPSPOST OFFICE BOX 12248AUSTIN, TEXAS 78711CLERKJOHN T. ADAMSTEL:(512)4G3-1312JUSTICESRAUL A. GONZALEZNATHAN L. HECHTJOHN CORNYNCRAIG ENOCHROSE SPECTORPRISCILLA R. OWENJAMES A. BAKERGREG ABBOTTFAX:(512)4G3-13G5EXECUTIVE ASS'TWILLIAM L. WILLISADMINISTRATIVE ASS'TNADINE SCHNEIDERJanuary 8, 1997The Honorable Bill LongDistrict Clerk of Dallas CountyGeorge L. Allen Courts Building600 Commerce StreetDallas, Texas 75202Dear Mr. Long:Pursuant to Rule 3.03 of the Texas Rules of Disciplinary Procedure, I am sending for filingState Bar of Texas Disciplinary Action styled: The Commission for Lawyer Discipline v. AndrewAbraham Dunlap. and a copy of the Supreme Court's order appointing the Honorable Horace D.Black, Judge of the 77 '' District Court, Groesbeck, Texas, to preside in this Disciplinary Action.John T. AdamsClerkcc:Hon. Horace D. BlackMr. Andrew Abraham DunlapMs. Angela Methvin

THE SUPREME COURT OF TEXASCHIEF JUSTICETHOMAS R. PHILLIPSPOST OFFICE BOX 12248AUSTIN, TEXAS 78711CLERKJOHN T. ADAMSTEL: (512) 463-1312JUSTICESRAUL A. GONZALEZFAX: (512) 463-1365EXECUTIVE ASS'TWILLIAM L. WILLISNATHAN L. HECHTADMINISTRATIVE ASS'TNADINE SCHNEIDERJOHN CORNYNCRAIG ENOCHROSE SPECTORPRISCILLA R. OWENJAMES A. BAKERGREG ABBOTTJanuary 8, 1997Ms. Angela MethvinAssistant General Counsel, State Bar of Texas5910 N. Central Expressway, Suite 920Dallas, Texas 75206Mr. Andrew Abraham DunlapSuite 2700, LB 1071999 Bryan StreetDallas, Texas 75201Dear Ms. Methvin and Mr. Dunlap:Pursuant to Rule 3.02 of the Texas Rules of Disciplinary Procedure, I hereby notify you thatthe Supreme Court of Texas has appointed the Honorable Horace D. Black, Judge of the 771' DistrictCourt, Groesbeck, Texas to preside inCommission for Lawyer Discipline v. Andrew Abraham DunlapSincerely,SIGNEDJohn T. AdamsClerk

The Supreme Court of Texas hereby appoints the Honorable Horace D. Black, Judge of the 77th District Court of Limestone County, Texas, to preside in the Disciplinary Action styled: The Commission for Lawyer Discipline v. Andrew Abraham Dunlap to be filed in a District Court of Dallas County, Texas.