As soon as possible after appointment, each newly appointed member of a Committee shall take the following oath to be administered by any person authorized by law to administer oaths:
“I do solemnly swear (or affirm) that I will faithfully execute my duties as a member of the District grievance committee, as required by the Texas Rules of Disciplinary Procedure, and will, to the best of my ability, preserve, protect, and defend the Constitution and laws of the United States and of the State of Texas. I further solemnly swear (or affirm) that I will keep secret all such matters and things as shall come to my knowledge as a member of the grievance committee arising from or in connection with each Disciplinary Action and Disciplinary Proceeding, unless permitted to disclose the same in accordance with the Rules of Disciplinary Procedure, or unless ordered to do so in the course of a judicial proceeding or a proceeding before the Board of Disciplinary Appeals. I further solemnly swear (or affirm) that I have neither directly nor indirectly paid, offered, or promised to pay, contributed any money or valuable thing, or promised any public or private office to secure my appoint. So help me God.”

2.06. Duties of Members

Each member of a Committee shall act through panels assigned by the chair of the Committee for investigatory hearings and evidentiary hearings. Promptly after assignment, notice must be provided to the Respondent by United States certified mail, return receipt requested, of the names and addresses of the panel members assigned to each grievance. A member is disqualified to sit as a panel member for either an investigatory hearing or an evidentiary hearing if a district judge would, under similar circumstances, be disqualified. If a member is disqualified, another panel member shall be appointed by the Committee chair. No peremptory challenges of a panel member are allowed. Any alleged grounds for disqualification of a panel member are conclusively waived if not brought to the attention of the panel within ten days after receipt of notification of the names and addresses of members of the panel; however, grounds for disqualification not reasonably discoverable within the ten-day period may be asserted within ten days after they were discovered or in the exercise of reasonable diligence should have been discovered.

2.07. Duties of Committees

Committees shall act through panels, as assigned by the Committee chairs, to conduct investigatory hearing or evidentiary hearings. No panel may consist of more than one-half of all members of the Committee or fewer than three members. If a member of a panel is disqualified or unable to serve, the chair shall appoint a replacement. Panels must be composed of two attorney members for each public member. A majority constitutes a quorum, and business shall be conducted upon majority vote of those members present, a quorum being had. In matters in which evidence is taken, no member may vote unless that member has heard or reviewed all reviewed all the evidence. It shall be conclusively presumed, however, not subject to discovery or challenge in any subsequent proceeding, that every member casting a vote has heard or reviewed all the evidence. No member, attorney or public, may be appointed by the chair in the same matter for both the investigatory panel and the evidentiary panel. All committee panels must be randomly selected by the chair. Any tie vote is a vote in favor of the position of the Respondent.

2.08. Expenses

Members of Committees serve without compensation but are entitled to reimbursement by the State Bar for their reasonable, actual, and necessary expenses.

2.09 Classification of Inquiries and Complaints

Every written statement, from whatever source, apparently intended to allege Professional Misconduct by a lawyer, shall be promptly forwarded to the Office of the Chief Disciplinary Counsel. The Chief Disciplinary Counsel shall examine each such written statement to determine whether it constitutes an Inquiry or a Complaint. In those instances in which the Complaint alleges a violation that involves no harm to a particular individual or entity, or with respect to which the testimony of the individual or entity is not reasonably anticipated to be necessary, upon request of that individual or entity initiating the Complaint, a restated Complaint shall be made in the name of the Bar without identification of that individual or entity and furnished to the lawyer in accordance with these rules. In such cases, the names of the individual or entity shall remain confidential. If the statement is determined to constitute an Inquiry, the Chief Disciplinary Counsel shall notify the Complainant, who has the right to amend the statement or, within thirty days after receipt of the notice, appeal the determination to the Board of Disciplinary Appeals. Complainants may amend the statement with additional material for reconsideration one time only following dismissal by the Chief Disciplinary Counsel, the Board of Disciplinary Appeals, or the Committee. If the statement is determined to constitute a Complaint, the Respondent shall be provided a copy of the Complaint with notice to respond, in writing, to the allegations of the Complaint by delivering the response to the Committee within thirty days after receipt of the notice. The notice shall notify the Respondent that the Chief Disciplinary Counsel may provide appropriate information, including the Respondent’s response, to law enforcement agencies as permitted by Rule 6.08. The Chief Disciplinary Counsel shall then forward the statement to the Committee. The Respondent may, within thirty days after receipt of a notice to respond, appeal to the Board of Disciplinary Appeals the determination of the Chief Disciplinary Counsel that the statement constitutes a Complaint. If the Respondent perfects an appeal, the pendency of the appeal does not automatically stay the investigation and determination of Just Cause, but no evidentiary panel may be assigned while an appeal is pending on the issue of whether a statement constitutes a Complaint. All proceedings shall immediately be dismissed if the determination of the Chief Disciplinary Counsel is reversed and it is finished that a statement does not constitute a Complaint.

2.10. Place of Forum

Venue of Committee proceedings shall be in accordance with the following:

A. Investigatory Panel Proceedings. Proceedings of an investigatory panel of a Committee shall be conducted by a Committee for the county where the alleged Professional Misconduct occurred, in whole or in part. Any motion by Respondent to transfer, based upon facts existing at the time the Respondent receives the notice to respond to the Complaint, must be filed within twenty days after Respondent’s receipt of notice to respond. Otherwise, Respondent’s right to seek transfer based upon such facts is waived. Any motion to transfer by Complainant must be made within ten days after receipt of the notice from the Chief Disciplinary Counsel that the statement has been classified as a Complaint or Complainant’s right to seek transfer is waived. Dismissal of a previous complaint by the Chief Disciplinary Counsel or Committee shall not be grounds for requesting transfer to a different region.

B. Evidentiary Panel Proceedings. If the investigatory panel finds Just Cause and is unable to negotiate a Sanction acceptable to it and to the Respondent, or if there is no sufficient Sanction available to the investigatory panel, the matter shall be transferred to a Committee for the county of Respondent’s residence; or if the Respondent maintains neither a residence nor a place of practice within the State of Texas, then to the county where the alleged Professional Misconduct occurred, in whole or in part. In all other instances, disciplinary actions must take place in Travis County, Texas.

2.12 Disposition Upon a Failure to Find Just Cause

If no member of the investigatory panel votes in favor of a finding of Just Cause, the panel shall forthwith dismiss the Complaint and so advise the Complainant, the Respondent, and the Chief Disciplinary Counsel. If any member of the first assigned investigatory panel votes to find that Just Cause exists, the Complainant may submit his or her Complaint to a second investigatory panel of the same Committee which shall make a de novo determination of whether Just Cause exists. If a majority of the second investigatory panel fails to find that Just Cause exists, it shall forthwith dismiss the Complaint and so advise the Complainant, the Respondent, and the Chief Disciplinary Counsel. If any member of the first assigned investigatory panel votes to find that Just Cause exists, the Complainant may submit his or her Complaint to a second investigatory panel of the same Committee, which shall make a de novo determination of whether Just Cause exists. If a majority of the second investigatory panel fails to find that Just Cause exists, it shall forthwith dismiss the Complaint and so advise the Complainant, the Respondent, and the Chief Disciplinary Counsel. Such a dismissal is without prejudice to the Complainant, who may, within thirty days from receipt of notice of dismissal, refile his or her Complaint with additional evidence not previously presented. Files of dismissed Disciplinary Proceedings will be retained for one hundred eighty days, after which time the files may be destroyed unless the Complainant refiles the Complaint within the permitted time. No permanent record will be kept of Complaints dismissed except to the extent necessary for statistical reporting purposes.

2.13. Disposition Upon a Finding of Just Cause

Should an investigatory panel find Just Cause, it may, with the consent of Respondent, impose any Sanction available under these rules except disbarment. It may also, with or without Sanctions, impose a referral for rehabilitation with the consent of Respondent. If a negotiated result is reached, or if the investigatory panel wishes to offer an agreed result to the respondent, its terms shall be embodied in a written judgment which shall contain the findings, conclusions, Sanctions, or referral for rehabilitation agreed upon. Such judgment shall promptly be delivered to Respondent and Respondent shall have 20 days from receipt of such judgment to sign and return it to the chief Disciplinary Counsel. If the Chief Disciplinary Counsel has not received the judgment signed by the Respondent 20 days after the respondent received it, the matter shall proceed as if no negotiated result had been reached. If the investigatory panel is unable to negotiate a Sanction with the Respondent, it shall so notify the Complainant and the Respondent by U.S. certified mail, return receipt requested, and the matter will proceed. Such notice must include the following statement: “Further proceedings shall be conducted before an evidentiary panel of a District Grievance Committee, in accordance with the Texas Rules of Disciplinary Procedure, unless you timely elect, in accordance with Section 2.14 thereof, to have the Complaint heard in a district court of proper venue, with or without a jury, instead of by an evidentiary panel of the District Grievance Committee.” The procedure for making such an election is as provided in Section 2.14.

2.14. Optional Trial De Novo

If a Respondent is notified, in accordance with Section 2.13 of a finding of Just Cause and an inability to negotiate a Sanction, he or she may elect to have the Complaint heard in a district court of proper venue, with or without a jury, instead of by an evidentiary panel of the Committee. The election must be in writing and served upon the Chief Disciplinary Counsel no later than fifteen days after the Respondent’s receipt of written notification pursuant to Section 2.13. If the Respondent timely files such an election, the matter will proceed in accordance with Part III hereof. A Respondent’s failure to timely file an election shall conclusively be deemed as an affirmative election to proceed in accordance with Section 2.16.

2.15. Confidentiality

All information, proceedings, hearing transcripts, statements, and any other information coming to the attention of the investigatory panel of the Committee must remain confidential and may not be disclosed to any person or entity (except the Chief Disciplinary Counsel) unless disclosure is ordered by the court. If there is a finding of Just Cause and any Sanction other than a private reprimand (which may include restitution and payment of Attorneys’ Fees) imposed by agreement of the Respondent, all of the information, proceedings, hearing transcripts, documents, statements, and other information coming to the attention of the investigatory panel shall be, upon, proper request, made public. Notwithstanding anything herein to the contrary, any action taken by a Committee to refer a matter to the Board of Disciplinary Appeals for attorney Disability screening and determination must remain confidential.

2.16. Evidentiary Hearings

If the investigatory panel of the Committee finds Just Cause and if the Respondent fails to elect to have the Complaint tried in the district court, the matter may be transferred, if necessary, in accordance with the venue provisions of these rules. The chair of the Committee to which the matter is transferred shall appoint an evidentiary panel to conduct an evidentiary hearing, to make findings of fact and conclusions of law, and either to dismiss the Complaint or to impose Sanctions. The evidentiary panel may not include any person who served on the investigatory panel and must have at least three members but must have no more than one-half as many members as on the Committee. Each evidentiary panel must have a ratio of two lawyers for every public member. Proceedings before an evidentiary panel of the Committee include:
A. Service upon the Respondent of a written statement of the specific charge or charges against the Respondent, together with a copy of the Complaint. The charge shall be formulated by the evidentiary panel on the basis of the findings of the investigatory panel. The notification shall be given by the Chief Disciplinary Counsel and shall be served by U.S. certified mail, return receipt requested, upon the Respondent or upon his or her attorney, if an attorney has entered an appearance before the Committee on behalf of the Respondent, or by any other means of service permitted by the Texas Rules of Civil Procedure. At the time of service upon the Respondent, the Chief Disciplinary counsel shall also file with the Committee and serve upon the Respondent a proposed hearing order containing at least the following:

1. A list, including names, addresses, and telephone numbers of all witnesses expected to be called to testify before the panel in person or by deposition.
2. A written summary of the issues of fact expected to be contested.
3. A list of exhibits expected to be presented to the panel at the hearing.
4. Written summaries of the testimony expected to be elicited from each witness.
5. The estimated length of time for presenting the entire case to the panel.

B. A responsive pleading either admitting or denying each specific charge must be filed by or on behalf of the Respondent within twenty days after the date of service of the notification of the specific charge or charges against the Respondent. At the time of filing the responsive pleading, Respondent shall also file a proposed hearing order containing any modifications that the Respondent desires to make to the proposed hearing order filed by the Chief Disciplinary Counsel. Any failure to file such a responsive pleading and proposed hearing order within the time permitted constitutes a default, and all facts alleged in the charging document shall be taken as true for the purposes of the Disciplinary Action unless:

(i) within seven days after receipt of notice of such default, Respondent files a verified motion reflecting good cause for failing to timely file a responsive pleading and proposed hearing order and files, subject to leave being granted, a responsive pleading and proposed hearing order; and

(ii) the evidentiary panel finds that good cause exists for Respondent’s failure to have timely filed a responsive pleading and proposed hearing order.

C. The final hearing order may be amended for good cause shown at the discretion of the chair, and shall control the hearing. If the final hearing order differs from the proposed hearing order filed by the Respondent, Respondent may, by filing a written request with the chair and the Chief Disciplinary Counsel within ten days after the date of actual receipt of the final hearing order, remove the case to a court of proper venue for a trial de novo under Part III.

D. Compulsory process to compel the attendance of witnesses, enforceable by an order of a district court of proper jurisdiction, is available to the Respondent and to the Chief Disciplinary Counsel.
E. The Respondent and the Complainant may, if they so choose, have counsel present during any evidentiary hearing.
F. The Respondent, the Complainant and the Chief Disciplinary Counsel may, if they so choose, confront witnesses, including the Complainant. Cross-examination may be conducted only by the Respondent, or his or her counsel, and by the Chief Disciplinary Counsel. The inability or failure to exercise this opportunity does not abate or preclude further proceedings.
G. In the discretion of the evidentiary panel, limited discovery is permissible upon a clear showing of good cause and substantial need. The party seeking discovery must file with the evidentiary panel a verified written request for discovery showing good cause and substantial need no later than twenty days after the filing of, or the time for the filing of, the first responsive pleading by the Respondent. If good cause and substantial need are demonstrated, the panel shall by written order permit the discovery, including in the order any limitations or deadlines on the discovery. Such discovery, if any, as may be permitted must be conducted by the methods provided by the Texas Rules of Civil Procedure in effect at the time any may, upon motion, be enforced by a district court of proper jurisdiction. A decision of an evidentiary panel on a discovery matter may be reviewed only on appeal of the entire case. No reversal of a case may be based on the granting or denial of a discovery request without a showing of material unfairness or harm.
H. The presiding member of the evidentiary panel shall admit all such probative and relevant evidence as he or she deems necessary for a fair and complete hearing, generally in accord with the Texas Rules of Civil Evidence; provided, however, that admission or exclusion of evidence shall be in the discretion of the presiding member of the evidentiary panel and no ruling upon the evidence shall be a basis for reversal solely because it fails to strictly comply with the Texas Rules of Civil Evidence.
I. The burden of proof is upon the Complainant and the Chief Disciplinary Counsel to prove the material allegations of the charge by a preponderance of the evidence.
J. A verbatim record of the proceedings will be made by a certified short-hand reporter in a manner prescribed by the Board of Disciplinary Appeals. In the event of an appeal from the evidentiary panel to the Board of Disciplinary Appeals, the party initiating the appeal shall pay the costs of preparation of the transcript. Such costs shall be taxed at the conclusion of the appeal by the Board of Disciplinary Appeals.
K. All proceedings before an evidentiary panel, except its deliberations, are open to the public.
L. A written decision by the evidentiary panel must be issued promptly after the consummation of evidence. Matters must be set for hearing on a date not sooner than forty-five days nor later than ninety days after the filing of the responsive pleading of the Respondent. If the Respondent fails to answer, a hearing for default may be set at any time no less than ten days from the date which Respondent received his notice of default. No continuance may be granted unless required by the interests of justice.
M. Written findings of fact, conclusions of law, and any Sanctions shall be issued by the evidentiary panel within thirty days after the conclusion of the evidentiary hearing.
2.17. Imposition of Sanctions
If the evidentiary panel finds that a Sanction should be assessed against the Respondent, the written order of the evidentiary panel shall assess the Sanction. The evidentiary panel may, in its discretion, conduct a separate evidentiary hearing on the appropriate Sanction to be imposed. Private reprimand is not an available Sanction in a hearing before an evidentiary panel. In imposing any Sanctions, the evidentiary panel shall consider:
A. The nature and degree of the Professional Misconduct for which the Respondent is being sanctioned.
B. The seriousness of and circumstances surrounding the Professional Misconduct.
C. The loss or damage to clients.
D. The damage to the profession.
E. The assurance that those who seek legal services in the future will be insulated from the type of Professional Misconduct found.
F. The profit to the attorney.
G. The avoidance of repetition.
H. The deterrent effect on others.
I. The maintenance of respect for the legal profession.
J. The conduct of the Respondent during the course of the Committee action.

In addition, the Respondent’s disciplinary record, including any private reprimands is admissible on the appropriate Sanction to be imposed. Respondent’s Disability resulting from the use of alcohol or drugs may not be considered in mitigation, unless Respondent demonstrates that he or she is successfully pursuing in good faith a program of recovery.

2.18. Restitution

In all cases in which the proof establishes that the Respondent’s misconduct involved the misappropriation of funds and the Respondent is disbarred or suspended, the panel’s judgment must require the Respondent to make restitution during the period of suspension, or before any consideration of reinstatement from disbarment, and must further provide that its judgment of suspension shall remain in effect until evidence of satisfactory restitution is made by Respondent and verified by Chief Disciplinary Counsel.

2.19. Notice of Decision

The Complainant, Respondent, and Chief Disciplinary Counsel must be notified in writing of the decision of the evidentiary panel, including any Sanctions imposed. Such notice shall be mailed by U.S. certified mail, return receipt requested, to the Complainant, Respondent, and the Chief Disciplinary Counsel. The notice must clearly state that any appeal of the findings, conclusions, or Sanctions must be made in writing within thirty days of the date of the notice. If the panel finds that the Respondent committed professional misconduct, a copy of the charge as defined in Section 2.16 of the Texas Rules of Disciplinary Procedure, and the final judgment shall be transmitted by the Office of the Chief Disciplinary Counsel to the Clerk of the Supreme Court.

2.20. Probated Suspension—Revocation Procedure

If all or any part of a suspension from the practice of law is probated under this Part II, the Board of Disciplinary Appeals is hereby granted jurisdiction for the full term of suspension, including any probationary period, to hear a motion to revoke probation. If the Chief Disciplinary Counsel files a motion to revoke probation, it shall be set for hearing within thirty days of service of the motion upon the Respondent. Service upon the Respondent shall be sufficient if made in accordance with Rule 21a of the Texas Rules of Civil Procedure. Upon proof, by a preponderance of the evidence, of a violation of probation, the same shall be revoked and the attorney suspended from the practice of law for the full term of suspension without credit for any probationary time served. The Board of Disciplinary Appeals’ Order revoking a probated suspension cannot be superseded or stayed.

2.21. Appeals by Complainant, Respondent or Chief Disciplinary Counsel

The Complainant, Respondent, or Chief Disciplinary Counsel may appeal to the Board of Disciplinary Appeals any findings, conclusions, or Sanctions imposed by an evidentiary panel. Such appeals must be on the record, determined under the standard of substantial evidence. Briefs may be filed as a matter of right. The time deadlines for such briefs shall be promulgated by the Board of Disciplinary Appeals. The Complainant is entitled to the reasonable assistance of the Chief Disciplinary Counsel in any appeal; but the Chief Disciplinary Counsel is not obligated to assist the Complainant in matters considered by Chief Disciplinary Counsel to be without merit.
A. An appeal, if taken, must be commenced by the filing with the Board of Disciplinary Appeals of a Notice of Appeal within thirty days from Respondent’s receipt of the decision of the evidentiary panel from which the appeal is made. The Notice of Appeal must reflect the intention of the Respondent to appeal and identify the decision from which appeal is perfected.
B. An evidentiary panel’s order of disbarment cannot be superseded or stayed. An order of suspension must be stayed during the pendency of any appeals therefrom if the evidentiary panel finds, upon competent evidence, that the Respondent’s continued practice of law does not pose a continuing threat to the welfare of Respondent’s clients or to the public. An evidentiary panel may condition its stay upon reasonable terms, which may include, but are not limited to, the cessation of any practice found to constitute Professional Misconduct, or it may impose a requirement of an affirmative act such as an audit of a Respondent’s client trust account.

PART III. TRIAL DE NOVO IN THE DISTRICT COURT

3.01. Disciplinary Petition

If the Respondent timely files an election for trial de novo in accordance with Section 2.14, the Chief Disciplinary Counsel shall file a Disciplinary Petition in the name of the Commission. 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. The residence and principal place of practice of the Respondent, or other allegations necessary to fix venue.
D. 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.
E. The specific rules of the Disciplinary Rules of Professional Conduct allegedly violated by the acts or conduct, or other grounds for seeking Sanctions.
F. A demand for judgment that the Respondent be disciplined as warranted by the facts and for any other appropriated relief.
G. Any other matter that is required or may be permitted by law or by these rules.

The Disciplinary Petition must be filed with the Clerk of the Supreme Court of Texas.

3.02. Assignment of Judge
Upon receipt of a Disciplinary Petition, the Clerk of the Supreme Court of Texas shall docket the same and promptly bring the Petition to the attention of the Supreme Court. The Supreme Court shall promptly appoint an active district judge who does not reside in the Administrative Judicial Region in which the Respondent resides to preside in the case. Should the judge so appointed by unable to fulfill the appointment, he or she shall immediately notify the Clerk of the Supreme Court, and the Supreme Court shall appoint a replacement judge. The judge appointed shall be subject to recusal under the Rules of Civil Procedure and objection, as provided by law, through a motion filed by either party not later than sixty (60) days from the date the Respondent is served with the Supreme Court’s order appointing the judge, provided that in the event of recusal or valid objection, the Supreme Court shall appoint the replacement judge within thirty (30) days of the order of recusal.
3.03. Filing, Service and Venue

After the trial judge has been appointed, the Clerk of the Supreme Court shall promptly forward the Disciplinary Petition and a copy of the Supreme Court’s appointing Order to the district clerk of the county of alleged venue. Upon receipt of the Disciplinary Petition and copy of the Supreme Court’s appointing Order, the district clerk shall transmit a copy of the Supreme Court’s appointing Order to the Chief Disciplinary Counsel. The Respondent shall be served as in civil cases generally with a copy of the Disciplinary Petition and a copy of the Supreme Court’s appointing Order. All proceedings incident to the trial de novo must take place in the county of Respondent’s principal place of practice, or if the Respondent does not maintain a place of practice within the State of Texas, to the county of Respondent’s residence or the county where the alleged Professional Misconduct occurred in whole or in part.

3.04. Answer of the Respondent

The answer of the Respondent must follow the form of answers in civil cases generally and must be filed no later than 10:00 a.m. on the first Monday following the expiration of twenty days after service upon the Respondent.

3.05. Discovery

Discovery is to be conducted as in civil cases generally, except that the following matters are not discoverable:
A. The discussions, thought processes, and individual votes of the members of the Committee.
B. The thought processes of the Chief Disciplinary Counsel.
C. Any communication to or from the Chief Disciplinary Counsel that would be privileged in the case of a private attorney representing a private litigant.

3.06. Trial by Jury

In a Disciplinary Action, either the Respondent or the Commission shall have the right to a jury trial upon timely payment of the required fee and compliance with the provisions of Rule 216, Texas Rules of Civil Procedure. The Complainant has no right to demand a jury trial.

3.07. Trial Setting

The court shall set each Disciplinary Action to commence the trial no later than 180 days after the date the Disciplinary Petition is filed with the district clerk. No motion for continuance, resetting, or agreed pass may be granted unless required by the interests of justice. Mandamus lies to enforce this rule upon the petition of the Chief Disciplinary Counsel or the Respondent.

3.08. Additional Rules of Procedure in the Trial of Disciplinary Actions

In all Disciplinary Actions brought under this part, the following additional rules apply:
A. Disciplinary Actions are civil in nature.
B. Except as varied by these rules, the Texas Rules of Civil Procedure apply.
C. Disciplinary Actions must be proved by a preponderance of the evidence.
D. The burden of proof in a Disciplinary Action seeking Sanction or discipline due to Disability is on the Commission. The burden of proof in reinstatement cases is upon the applicant.
E. The parties to a Disciplinary Action may not seek abatement or delay of trial because of substantial similarity to the material allegations in any other pending civil or criminal case.
F. The unwillingness or neglect of a Complainant to sign a Complaint or to assist in the prosecution of a Disciplinary Action, or a compromise and settlement between the Complainant and the Respondent, does not alone justify the abatement or dismissal of the action.
G. It shall be the policy of the Commission to participate in alternative dispute resolution procedures where feasible; provided however that Disciplinary Actions shall be exempt from any requirements of mandatory alternative dispute resolution procedures as provided by Chapter 154 of the Civil Practice and Remedies Code or as otherwise provided by law.

3.09. Judgment

If the trial court fails to find from the evidence in a case tried without a jury, or from the verdict in a jury trial, that the Respondent’s conduct constitutes Professional Misconduct, the court shall render judgment accordingly. If the court finds that the Respondent’s conduct does constitute Professional Misconduct, the court shall determine the appropriate Sanction or Sanctions to be imposed. If the court finds that the Respondent committed an act or acts of Professional Misconduct, the court shall direct transmittal of certified copies of the judgment and all trial pleadings to the Clerk of the Supreme Court. The Clerk of the Supreme Court shall make an appropriate notation on the Respondent’s permanent record. The trial court shall promptly enter judgment after the close of evidence (in the case of a nonjury trial) or after the return of the jury’s verdict. Mandamus lies in the Supreme Court of Texas to enforce this provision, upon the petition of either the Respondent or the Chief Disciplinary counsel.

3.10 Hearing on Sanctions
The trial court may, in its discretion, conduct a separate evidentiary hearing on the appropriate Sanction or Sanctions to be imposed. In imposing the Sanction or Sanctions, the court shall consider:
A. The nature and degree of the Professional Misconduct for which the Respondent is being sanctioned.
B. The seriousness of and circumstances surrounding the Professional Misconduct.
C. The loss or damage to clients.
D. The damage to the profession.
E. The assurance that those who seek legal services in the future will be insulated from the type of Professional Misconduct found.
F. The profit to the attorney.
G. The avoidance of repetition.
H. The deterrent effect on others.
I. The maintenance of respect for the legal profession.
J. The conduct of the Respondent during the course of the Committee action.
K. The trial of the case.
L. Other relevant evidence concerning the Respondent’s personal and professional background.
In addition, the Respondent’s disciplinary record, including any private reprimands, is admissible on the appropriate Sanction to be imposed. Respondent’s Disability resulting from the use of alcohol or drugs may not be considered in mitigation, unless Respondent demonstrates that he or she is successfully pursuing in good faith a program of recovery.

3.11. Terms of Judgment
In any judgment of disbarment or suspension that is not stayed, the court shall order the Respondent to surrender his or her law license and permanent State Bar card to Chief Disciplinary Counsel for transmittal to the Clerk of the Supreme Court. In all judgments imposing disbarment or suspension, the court shall enjoin the Respondent from practicing law or from holding himself or herself out as an attorney capable of practicing law during the period of disbarment or suspension. In all judgments of disbarment, suspension, or reprimand, the court shall make all other orders as it finds appropriate, including probation of all or any portion of suspension. The continuing jurisdiction of the trial court to enforce a judgment does not give a trial court authority to terminate or reduce a period of active suspension previously ordered.
3.12. Restitution
In all cases in which the proof establishes that the Respondent’s conduct involved misapplication of funds and the judgment is one disbarring or suspending the Respondent, the judgment must require the Respondent to make restitution during the period of suspension, or before any consideration of reinstatement from disbarment, and shall further provide that a judgment of suspension shall remain in effect until proof is made of complete restitution.
3.13. Probation Suspension—Revocation Procedure
If all or any part of a suspension from the practice of law is probated under this Part III, the court retains jurisdiction during the full term of suspension, including any probationary period, to hear a motion to revoke probation. If the Chief Disciplinary Counsel files a motion to revoke probation, it shall be set for hearing before the court without the aid of a jury within thirty days of service of the motion upon the Respondent. Service upon the Respondent shall be sufficient if made in accordance with Rule 21a of the Texas Rules of Civil Procedure. Upon proof by a preponderance of the evidence of a violation of probation, the same shall be revoked and the attorney suspended from the practice of law for the full term of suspension without credit for any probationary time served.
3.14. No Supersedeas
A district court judgment of disbarment or an order revoking probation of a suspension from the practice of law cannot be superseded or stayed. A judgment of suspension shall be stayed during the pendency of any appeals therefrom, if the district court finds, upon competent evidence, that the Respondent’s continued practice of law does not pose a continuing threat to the welfare of Respondent’s clients or to the public. The district court may condition its stay upon reasonable terms, which may include, but are not limited to, the cessation of any practice found to constitute Professional Misconduct, or it may impose a requirement of an affirmative act such as an audit of a Respondent’s client trust account. There is no interlocutory appeal from a court’s stay of a suspension, with or without conditions.
3.15. Exemption from Cost and Appeal Bond
No cost or appeal bond is required of the Chief Disciplinary Counsel or the Commission. In lieu thereof, when a cost or appeal bond would be otherwise required, a memorandum setting forth the exemption under this rule, when filed, suffices as a cost or appeal bond.
3.16. Appeals
A final judgment of the district court and any order revoking or refusing to revoke probation of a suspension from the practice of law may be appealed as in civil cases generally.

PART IV. THE COMMISSION FOR LAWYER DISCIPLINE

4.01. Composition and Membership

The Commission for Lawyer Discipline is hereby created as a permanent committee of the State Bar and is not subject to dissolution by the Board under Article VIII of the State Bar Rules. The Commission must be composed of nine members. Six members shall be attorneys licensed to practice law in the State of Texas and in good standing as members of the State Bar. Three members shall be public members who have, other than as consumers, no interest, direct or indirect, in the practice of law or the profession of law. No member of the Commission may serve as a member of the Commission while he or she is a member of a Committee, an officer or Director of the State Bar, an employee of the State Bar, an officer or director of the Texas Young Lawyers Association; provided, however, the Chairman of the Board of the State Bar shall appoint a Director of the State Bar as an adviser to the Commission and a Director of the State Bar as an alternate adviser to the Commission, and the President of the Texas Young Lawyers Association shall appoint a director of the Texas Young Lawyers Association as an adviser to the Commission. Members of the Commission and its advisers will be compensated for their reasonable, actual, and necessary expenses, and members, but not advisers, will be compensated for their work as determined by the Board to be appropriate.
4.02. Appointment and Terms
Except for initial appointments as set forth in Section 4.03 hereof, Commission members will serve three-year terms unless sooner terminated through disqualification, resignation, or other cause. Terms begin on September 1 of the year and expire on August 31 of the third year thereafter. The lawyer members of the Commission are appointed by the President of the State Bar, subject to the Board’s concurrence, no later than June 1 of the year. The public members are appointed by the Supreme Court, but only for good cause. Vacancies are to be filled in the same manner as term appointments but are only for the unexpired term of the position vacated. Members of the Commission are not eligible for reappointment to more than one additional three-year term.
4.03. Initial Appointments
Two lawyers shall initially be appointed for a term to expire on August 31 after at least twelve months of service; two lawyers shall initially be appointed for a term to expire on August 31 after twenty-four months of service; and two lawyers shall initially be appointed for a term to expire on August 31 after thirty-six months of service. One public member shall initially be appointed for a term to expire on August 31 after at least twelve months of service; one public member shall initially be appointed for a term to expire on August 31 after twenty-four months of service; and one public member shall initially be appointed for a term to expire on August 31 after thirty-six months of service. After the terms provided above, all terms shall be as provided in Section 4.02.
4.04. Oath of Committee Members
As soon as possible after appointment, each newly appointed member of the Commission for Lawyer Discipline shall take the following oath to be administered by any person authorized by law to administer oaths:
“I do solemnly swear (or affirm) that I will faithfully execute my duties as a member of the Commission for Lawyer Discipline, as required by the Texas Rules of Disciplinary Procedure, and will, to the best of my ability, preserve, protect, and defend the Constitution and laws of the United States and of the State of Texas. I further solemnly swear (or affirm) that I will keep secret all such matters and things as shall come to my knowledge as a member of the Commission for Lawyer Discipline arising from or in connection with each Disciplinary Action and Disciplinary Proceeding unless permitted to disclose the same in accordance with the Rules of Disciplinary Procedure or unless ordered to do so in the course of a judicial proceeding or a proceeding before the Board of Disciplinary Appeals. I further solemnly swear (or affirm) that I have neither directly nor indirectly paid, offered, or promised to pay, contributed any money or valuable thing, or promised any public or private office to secure my appointment. So help me God.”
4.05. Chair
The President of the State Bar, subject to the concurrence of the Board, shall annually designate a lawyer member to chair the Commission and another member to serve as vice-chair, each for a one-year term.
4.06. Duties and Authority of the Commission
The Commission has the following duties and responsibilities:
A. To exercise, in lawyer disciplinary and disability proceedings only, all rights characteristically reposed in a client by the common law of this State, except where such rights are expressly hereby granted to a Committee. Each Committee possesses all rights characteristically reposed in a client by the common law of this State relative to Complaints being handled by such Committee until either: (i) twenty days after a Just Cause determination has been made; or (ii) a Disciplinary Action is filed in a court of competent jurisdiction.
B. To monitor and, from time to time as appropriate, to evaluate and report to the Board on the performance of the Chief Disciplinary Counsel.
C. To retain special counsel or local counsel when necessary.
D. To recommend to the Board such educational programs on legal ethics and lawyer discipline as it may consider advisable.
E. To conduct all of its meetings in such a manner as to protect the rights of confidentiality to the extent possible but also to conduct its meetings in accordance with the Texas Open Meetings Act, Art. 6252-17, Tex.Rev.Civ.Stat.Ann.
F. To recommend to the Board an annual budget for the operation of the attorney professional disciplinary and disability system.
G. To meet monthly or at such other times, in such places, and for such periods of time as the business of the Commission requires.
H. To draft and recommend for adoption to the Board the Commission’s internal operating rules and procedures, which rules and procedures, as adopted by the Board, will then be submitted to the Supreme Court for approval, and after approval, be published in the Texas Bar Journal.
I. To recommend to the Board the removal, for cause, of members of Committees.
J. To refer to an appropriate disability screening committee information coming to its attention indicating that an attorney is disabled physically, mentally, or emotionally, or by the use or abuse of alcohol or other drugs.
K. To report to the Board, at each regular meeting, and to the Grievance Oversight Committee, at least annually, on the state of the attorney professional disciplinary and disability system and to make recommendations and proposals to the Board on the refinement and improvement of the system.
L. To formulate and recommend to the Board for adoption a system for monitoring disabled lawyers.
M. To notify each jurisdiction in which an attorney is admitted to practice law of any Sanction imposed in this State, other than a private reprimand (which may include restitution and payment of Attorneys’ Fees), and any disability suspension, resignation, and reinstatement.
N. To provide statistics and reports on lawyer discipline to the National Discipline Data Bank maintained by the American Bar Association.
O. To maintain, subject to the limitations elsewhere herein provided, permanent records of disciplinary and disability matters; and to transmit notice of all public discipline imposed against an attorney, suspensions due to Disability, and reinstatements to the National Discipline Data Bank maintained by the American Bar Association.
P. To make recommendations to the Board on the establishment and maintenance of regional offices as required for the expeditious handling of Inquiries, Complaints, and other disciplinary matters.
4.07. Conference Calls
The Commission may, at the instance of the chair, conduct its business, when to do so would not violate the Open Meetings Act,1 by conference telephone calls but, in such event, any action taken must be reduced to writing and signed by each participant certifying the accuracy of the written record of action taken.
4.08. Funding
The State Bar shall allocate sufficient funds to pay all reasonable and necessary expenses incurred in the discharge of the duties of the Commission; of the Chief Disciplinary Counsel; of the Board of Disciplinary Appeals; of Committees and their individual members; and of witnesses. Further, the State Bar shall allocate funds to pay all other reasonable and necessary expenses to administer the disciplinary and disability system effectively and efficiently.

PART V. CHIEF DISCIPLINARY COUNSEL

5.01. Selection

The General Counsel of the State Bar shall, subject to the provisions of this section, serve as the Chief Disciplinary Counsel under these rules. If the Commission determines that the General Counsel of the State Bar should no longer function as the Chief Disciplinary Counsel, then the Commission shall notify the Board of such decision and, in the next succeeding fiscal year of the State Bar, funds shall be provided to the Commission sufficient for it to select and hire a lawyer as Chief Disciplinary Counsel and sufficient deputies and assistants as may be required to operate the disciplinary and disability system effectively and efficiently. The Commission’s determination must be made, if at all, and the notification herein provided must be given, if at all, during the months of January or February 1993, or during the same months of any odd numbered year thereafter. In such event, the Commission shall alone possess the right of selection, but nothing herein precludes its employment of the General Counsel or a member of the General Counsel’s staff for such positions.
5.02. Duties
In addition to the other disciplinary duties set forth in these rules, the Chief Disciplinary Counsel shall:
A. Review and screen all information coming to his or her attention or to the attention of the Commission relating to lawyer misconduct. Such review may encompass whatever active investigation is deemed necessary by the Chief Disciplinary Counsel independent of the filing of a writing.
B. Reject all matters and Inquiries not constituting a Complaint and so advise the Complainant.
C. Investigate Complaints upon the request of the Committee and present them to the appropriate Committee for a Just Cause determination.
D. Recommend dismissal of a Complaint, if appropriate, to the proper Committee.
E. Move the Board of Disciplinary Appeals to transfer a pending Disciplinary Proceeding from one Committee to another within the same District if the Committee fails or refuses to hear the Disciplinary Proceeding.
F. Move the Board of Disciplinary Appeals to transfer matters from one Committee to another, whether or not within the same District, when the requirements of fairness to the Complainant or the Respondent require.
G. Upon finding of Just Cause, recommend to the Committee, as appropriate, either a negotiated Sanction or the further prosecution of a Complaint.
H. When information regarding a Complaint becomes eligible for public disclosure under these rules, refer a Complaint and information related thereto to any other professional organizations or bodies that he or she deems appropriate for consultation on the nature of the Complaint, the events giving rise to the Complaint, and the proper manner of resolution of the Complaint. The Chief Disciplinary Counsel shall provide Respondent written notice of the referral at the time it is made. Neither the Chief Disciplinary Counsel nor any person or body acting under these rules is bound by any recommendation of another professional organization to which the Complaint or related information is referred under this Section.
I. Present cases to evidentiary panels of Committees, or in a district court if such has been elected by the Respondent, as provided in these rules, unless disqualified from doing so under the Texas Disciplinary Rules of Professional Conduct.
J. Represent the Commission, if the need arises, before all courts and administrative bodies.
K. Notify the Respondent and the Complainant promptly of the disposition of each Complaint.
L. Upon receiving information of a violation of any term or condition of probation by an attorney suspended from the practice of law where all or any part of the suspension has been probated, file on behalf of the Commission a motion to revoke probation. The motion must state the terms or conditions of the probation and the conduct alleged to violate the same. The Chief Disciplinary Counsel shall cause a copy of the motion to be served on the attorney involved.
M. Perform such other duties relating to disciplinary and disability matters, as may be assigned by the Commission.
5.03. Accountability
On disciplinary and disability matters, the Chief Disciplinary Counsel is accountable only to the Commission except where the rights of a client are exercisable by a Committee, and in such latter instances the Chief Disciplinary Counsel is accountable solely to the Committee possessing the rights of the client with respect to such matter. The Chief Disciplinary Counsel is not disqualified from representation of the Commission for Lawyer Discipline in any grievance proceeding by virtue of having earlier represented the Committee in the same matter or Complaint.

PART VI. PUBLIC INFORMATION AND ACCESS

6.01. Availability of Materials

The Commission shall ensure that sufficient copies of these rules, the Texas Disciplinary Rules of Professional Conduct, and forms for the filing of disciplinary Inquiries and Complaints are made available to the public. In addition, the Commission shall make available to the public a brochure, summarizing in plain language, the disciplinary and disability system for attorneys in the State of Texas. Such brochure shall be made available in English and in Spanish.
6.02. Public and Media Inquiries
The Commission shall respond, as appropriate, to all public and media inquiries concerning the operation of the attorney professional disciplinary and disability system, but in so doing may not disclose information that is confidential or privileged. The Commission shall disclose, upon proper request, information in its custody or control that is neither confidential nor privileged. Any attorney may waive confidentiality and privilege as to his or her disciplinary record by filing an appropriate waiver on a form to be prescribed by the Commission. The Commission shall maintain complete records and files of all disciplinary and disability matters and compile reports and statistics to aid in the administration of the system.
6.03. Telephone Inquiries
The Commission shall maintain a toll-free telephone number. The toll-free number shall be publicized to ensure that all Texas residents have access to it. Telephone inquiries about specific attorney conduct will not be taken, but the Commission will send a Complaint form to any person or entity inquiring by telephone.
6.04. Abstracts of Appeals
Any Disciplinary Action appealed to the Board of Disciplinary Appeals or to a court shall be abstracted by the Chief Disciplinary Counsel. A copy of the abstract shall be made available to any person or other entity upon proper request and shall be published in the Texas Bar Journal. No information that is otherwise confidential may be disclosed in an abstract under these provisions.
6.05. Report to the Clerk of the Supreme Court
The final disposition of any Disciplinary Proceeding or Disciplinary Action resulting in the imposition of a Sanction other than a private reprimand (which may include restitution and payment of Attorneys’ Fees) shall be reported by the Commission to the Clerk of the Supreme Court of Texas.
6.06. Publication of Court Opinions
All cases involving the Professional Misconduct or Disability of an attorney appealed to the Courts of Appeal or to the Supreme Court of Texas must be published in the official reporter system. This provision takes precedence over Rule 90, Texas Rules of Appellate Procedure.
6.07. Publication of Disciplinary Records
The final disposition of all Disciplinary Proceedings and Disciplinary Actions shall be reported in the Texas Bar Journal, and shall be sent for publication to a newspaper of general circulation in the county of the disciplined attorney’s residence or office. Private reprimands (which may include restitution and payment of Attorneys’ Fees) shall be published in the Texas Bar Journal with the name of the attorney deleted. The Commission shall report all public discipline imposed against an attorney, suspensions due to Disability, and reinstatements to the National Discipline Data Bank of the American Bar Association.
6.08. Access to Confidential Information
No officer (except the General Counsel when acting in the capacity of Chief Disciplinary Counsel) or Director of the State Bar or any appointed adviser to the Commission shall have access to any confidential records, information, or proceedings relating to any Disciplinary Proceeding, Disciplinary Action, or Disability suspension. The Chief Disciplinary Counsel may provide appropriate information to law enforcement agencies and the Supreme Court’s Unauthorized Practice of Law Committee and its subcommittees.

PART VII. BOARD OF DISCIPLINARY APPEALS

7.01. Membership

The Board of Disciplinary Appeals is hereby established. Its members shall be appointed by the Supreme Court of Texas. The Board of Disciplinary Appeals shall consist of twelve lawyer members with not more than eight of such members being residents of Harris, Dallas, Tarrant, Travis, or Bexar Counties, Texas, and with no more than two members from any one county. The term of office of all members of the Board of Disciplinary Appeals shall be for three years. Members are eligible for appointment to one additional three-year term. Members appointed to fill an unexpired term shall be eligible for reappointment for two subsequent terms. Vacancies shall be filled by appointment of the Supreme Court of Texas. Each member shall continue to perform the duties of office until his or her successor is duly qualified. No person may simultaneously be a member of the Board of Disciplinary Appeals and either the Commission, the Board, or a Committee.
7.02. Initial Appointments
Three lawyers shall ini