Summary
The Supreme Court of Texas held that, under Texas Rules of Disciplinary Procedure 8.05 and 8.06, the Board of Disciplinary Appeals has discretion to disbar an attorney whose sentence for an intentional crime was fully probated, rather than being limited to suspending the attorney’s license for the probationary term. The court affirmed the Board’s judgment disbarring Rolando Caballero.
Holdings
- Under Texas Rules of Disciplinary Procedure 8.05 and 8.06, BODA has discretion to disbar an attorney who received a fully probated sentence for an intentional crime or to suspend the attorney's license under Rule 8.06.
- If BODA elects suspension under Rule 8.06, the suspension may not exceed and must equal the term of probation.
- BODA did not abuse its discretion by disbarring Caballero.
Questions Presented
- Whether Texas Rules of Disciplinary Procedure 8.05 and 8.06 permit BODA to disbar an attorney who received a fully probated sentence for an intentional crime.
- Whether BODA abused its discretion by disbarring Caballero rather than suspending his license for the term of probation.
Disposition
affirmed
Cases Cited (13)
- In re Lock, 54 S.W.3d 305 (Tex. 2001)(discussed)
- In re Mercier, 242 S.W.3d 46 (Tex. 2007) (per curiam)(discussed)
- O'Quinn v. State Bar of Tex., 763 S.W.2d 397, 399 (Tex. 1988)(followed)
- State ex rel. State Dep't of Highways & Pub. Transp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002)(followed)
- State v. Shumake, 199 S.W.3d 279, 287 (Tex. 2006)(followed)
- In re Ament, 890 S.W.2d 39, 40-41 (Tex. 1994) (per curiam)(followed)
- Helena Chem. Co. v. Wilkins, 47 S.W.3d 486, 493 (Tex. 2001)(followed)
- In re Birdwell, 20 S.W.3d 685 (Tex. 2000)(discussed)
- In re Humphreys, 880 S.W.2d 402 (Tex. 1994)(discussed)
- Sanchez v. Bd. of Disciplinary Appeals, 877 S.W.2d 751 (Tex. 1994) (per curiam)(distinguished)
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Cited In (0)
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