In the Matter of Eugene X. Mercier

Summary

The Supreme Court of Texas held that an order disbarring attorney Eugene X. Mercier was premature because his criminal conviction had not yet become final and the procedural prerequisites for compulsory disbarment had not occurred. The court reversed the disbarment portion of the order without prejudice and affirmed the suspension of Mercier's license pending appeal.

Holdings

1. A conditional order of compulsory disbarment is premature when the attorney's criminal conviction has not yet become final. Disbarment may proceed only after the conviction becomes final and the procedural requirements of Rule 8.05 are satisfied.
2. The Board properly suspended Mercier's law license during the pendency of his criminal appeal under Rule 8.04.

Questions Presented

1. Whether the Board of Disciplinary Appeals could order Mercier's disbarment conditionally while his criminal conviction was still on appeal.
2. Whether the Board's suspension of Mercier's law license during the criminal appeal was proper under Texas Rule of Disciplinary Procedure 8.04.

Disposition

reversed_and_remanded