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 initially be appointed for a term to expire on August 31 after at least twelve months of service; three lawyers shall initially be appointed for a term to expire on August 31 after twenty-four months of service; and three lawyers 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 7.01.
7.03. Election of Officers
The Board of Disciplinary Appeals shall annually elect members as chair and vice-chair. The chair, or in his or her absence the vice-chair, shall perform the duties normally associated with that office and shall preside over all en banc meetings of the Board of Disciplinary Appeals.
7.04. Oath of Committee Members
As soon as possible after appointment, each newly appointed member of the Board of Disciplinary Appeals 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 Board of Disciplinary Appeals, 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 Board of Disciplinary Appeals 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.”
7.05. Quorum
Six members constitute a quorum of the Board of Disciplinary Appeals, except that a panel of three members may hear appeals and such other matters as may be specifically delegated to it by the Chair. The Board of Disciplinary Appeals and each of its panels may act only with the concurrence of a majority of those members present and voting.
7.06. Compensation and Expenses
Members of the Board of Disciplinary Appeals are entitled to reasonable compensation for their services and reimbursement for travel and other expenses incident to the performance of their duties.
7.07. Recusal and Disqualification of Members
Board of Disciplinary Appeals members shall refrain from taking part in any matter before the Board of Disciplinary Appeals in which recusal or disqualification would be required of a judge similarly situated.
7.08. Powers and Duties
The Board of Disciplinary Appeals shall exercise the following powers and duties:
A. Propose rules of procedure and administration for its own operation to the Supreme Court of Texas for promulgation.
B. Review the operation of the Board of Disciplinary Appeals and periodically report to the Supreme Court and to the Board.
C. Affirm or reverse without remand a determination by the Chief Disciplinary Counsel that a statement constitutes either: (i) an Inquiry as opposed to a Complaint; or (ii) a Complaint as opposed to an Inquiry.
D. Hear and determine appeals by the Complainant, the Respondent, or the Chief Disciplinary Counsel on the record from the decision of an evidentiary panel of a Committee concerning the imposition or failure to impose Sanctions. The appellate determination must be made in writing and signed by the chair or vice-chair of the Board of Disciplinary Appeals, or other person presiding.
E. Transfer any pending Disciplinary Proceeding from one Committee to another within the same District if the one Committee fails or refuses to hear the Disciplinary Proceeding.
F. 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. Hear and determine actions for compulsory discipline under Part VIII.
H. Hear and determine actions for reciprocal discipline under Part IX.
I. Hear and determine actions for disability suspension under Part XII.
J. Exercise all other powers and duties provide in these rules.
7.09. Meetings
The Board of Disciplinary Appeals shall meet en banc at least once each year at the call of its chair. Its members may meet more often en banc at the call of the chair or upon the written request to the chair of at least three of the members of the Board of Disciplinary Appeals.
7.10. Conference Calls
The Board of Disciplinary Appeals may, at the instance of the chair, conduct its business by conference telephone calls. Any action taken in a telephone conference must be reduced to writing and signed by each participant certifying the accuracy of the written record of action taken.
7.11. Judicial Review
An appeal from a determination of the Board of Disciplinary Appeals shall be to the Supreme Court. Within fourteen days after receipt of notice of a final determination by the Board of Disciplinary Appeals, the party appealing must file a notice of appeal directly with the Clerk of the Supreme Court. The record must be filed within sixty days after the Board of Disciplinary Appeals’ determination. The appealing party’s brief is due thirty days after the record is filed, and the responding party’s brief must be filed within twenty-five days thereafter. Except as herein expressly provided, the appeal must be made pursuant to the then applicable Texas Rules of Appellate Procedure. Oral argument may be granted on motion. The case shall be reviewed under the substantial evidence rule. The Court may affirm a decision on the Board of Disciplinary Appeals by order without written opinion. Determinations by the Board of Disciplinary Appeals that a statement constitutes either an inquiry or a complaint or transferring cases are conclusive, and may not be appealed to the Supreme Court.
7.12. Open Meetings and Open Records
The Board of Disciplinary Appeals is not a “governmental body” as that term is defined in Section 551.001 or Section 552.003 of V.T.C.A., Government Code, and is not subject to either the provisions of the Open Meetings Act1 or the Open Records Act.2

PART VIII. COMPULSORY DISCIPLINE

8.01. Generally

When an attorney licensed to practice law in Texas has been convicted of an Intentional Crime or has been placed on probation for an Intentional Crime with or without an adjudication of guilt, the Chief Disciplinary Counsel shall initiate a Disciplinary Action seeking compulsory discipline pursuant to this part. The completion or termination of any term of incarceration, probation, parole, or any similar court ordered supervised period does not bar action under Part VIII of these rules as hereinafter provided. Proceedings under this part are not exclusive in that an attorney may be disciplined as a result of the underlying facts as well as being disciplined upon the conviction or probation through deferred adjudication.
8.02. Conclusive Evidence
In any Disciplinary Action brought under this part, the record of conviction or order of deferred adjudication is conclusive evidence of the attorney’s guilt.
8.03. Commencement of Suit
A Disciplinary Action under this part must be initiated by the filing of a petition with the Board of Disciplinary Appeals. The petition must allege the adjudication of guilt (or probation without an adjudication of guilt) of an Intentional Crime; allege that the Respondent is the same person as the party adjudicated guilty or who received probation with or without an adjudication of guilt for such Intentional Crime; and seek the appropriate discipline.
8.04. Procedure
The Board of Disciplinary Appeals shall hear and determine all questions of law and fact. When an attorney has been convicted of an Intentional Crime or has been placed on probation for an Intentional Crime without an adjudication of guilt, he or she shall be suspended as an attorney licensed to practice law in Texas during the appeal of the conviction or the order of deferred adjudication. Upon introduction into evidence of a certified copy of the judgment of conviction or order of deferred adjudication and a certificate of the Clerk of the Supreme Court that the attorney is licensed to practice law in Texas, the Board of Disciplinary Appeals shall immediately determine whether the attorney has been convicted of an Intentional Crime or granted probation without an adjudication of guilt for an Intentional Crime. Uncontroverted affidavits that the attorney is the same person as the person convicted or granted probation without an adjudication of guilt are competent and sufficient evidence of those facts. Nothing in these rules prohibits proof of the necessary elements in such Disciplinary Action by competent evidence in any other manner permitted by law. The Board of Disciplinary Appeals shall sit, hear, and determine whether the attorney should be disciplined and enter judgment accordingly within forty-five days of the answer day; however, any failure to do so within the time limit will not affect its jurisdiction to act. Any suspension ordered during the appeal of a criminal conviction or probation without an adjudication of guilt is interlocutory and immediately terminates if the conviction or probation is set aside or reversed.
8.05. Disbarment
When an attorney has been convicted of an Intentional Crime, and that conviction has become final, or the attorney has accepted probation with or without an adjudication of guilt for an Intentional Crime, the attorney shall be disbarred unless the Board of Disciplinary Appeals, under Section 8.06, suspends his or her license to practice law. If the attorney’s license to practice law has been suspended during the appeal of the criminal conviction, the Chief Disciplinary Counsel shall file a motion for final judgment of disbarment with the Board of Disciplinary Appeals. If the motion is supported by affidavits or certified copies of court documents showing that the conviction has become final, the motion shall be granted without hearing, unless within ten days following the service of the motion pursuant to Rule 21a, Texas Rules of Civil Procedure, upon the attorney so convicted or his or her attorney of record, the attorney so convicted files a verified denial contesting the finality of the judgment, in which event the Board of Disciplinary Appeals will immediately conduct a hearing to determine the issue. If no Disciplinary Action is pending at the time the conviction becomes final, disbarment shall be initiated by filing a Disciplinary Action.
8.06. Suspension
If an attorney’s sentence upon conviction of an Serious Crime is fully probated, or if an attorney receives probation through deferred adjudication in connection with a Serious Crime, the attorney’s license to practice law shall be suspended during the term of probation. If an attorney is suspended during the term of probation, the suspension shall be conditioned upon the attorney’s satisfactorily completing the terms of probation. If probation is revoked, the attorney shall be disbarred. An early termination of probation does not result in reinstatement until the entire probationary period, as originally assessed, has expired.
8.07. Early Termination
An early termination of criminal probation shall have no effect on any judgment entered pursuant to Part VIII.
8.08. No Supersedeas
In compulsory discipline cases, either party shall have the right to appeal to the Supreme Court of Texas but no Respondent suspended or disbarred by the Board of Disciplinary Appeals shall be entitled to practice law in any form while the appeal is pending and shall have no right to supersede the judgment by bond or otherwise.
PART IX. RECIPROCAL DISCIPLINE
9.01. Orders From Other Jurisdictions
Upon receipt of information indicating that an attorney licensed to practice law in Texas has been disciplined in another jurisdiction, the Chief Disciplinary Counsel shall diligently seek to obtain a certified copy of the order or judgment of discipline from the other jurisdiction, and file it with the Board of Disciplinary Appeals along with a petition requesting that the attorney be disciplined in Texas. A certified copy of the order or judgment is prima facie evidence of the matters contained therein, and a final adjudication in another jurisdiction that an attorney licensed to practice law in Texas has committed Professional Misconduct is conclusive for the purposes of a Disciplinary Action in this state, subject to the defenses set forth in Section 9.04 below.
9.02. Notice to the Respondent
Upon the filing of the petition, the Board of Disciplinary Appeals shall issue a notice to the attorney, containing a copy of the petition, a copy of the order or judgment from the other jurisdiction, and an order directing the attorney to show cause within thirty days from the date of the mailing of the notice why the imposition of the identical discipline in this state would be unwarranted.
9.03. Discipline to be Imposed
If the attorney fails to file his or her answer with the Board of Disciplinary Appeals within the thirty-day period provided by Section 9.02, the Board of Disciplinary Appeals shall enter a judgment imposing discipline identical, to the extent practicable, with that imposed in the other jurisdiction. If the attorney files an answer, the Board of Disciplinary Appeals shall proceed to determine the case upon the pleadings, the evidence, and the briefs, if any.
9.04. Defenses
If the Respondent files an answer, he or she shall allege, and thereafter be required to prove, by clear and convincing evidence, to the Board of Disciplinary Appeals one or more of the following defenses to avoid the imposition of discipline identical, to the extent practicable, with that directed by the judgment of the other jurisdiction:
A. That the procedure followed in the other jurisdiction on the disciplinary matter was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process.
B. That there was such an infirmity of proof establishing the misconduct in the other jurisdiction as to give rise to the clear conviction that the Board of Disciplinary Appeals, consistent with its duty, should not accept as final the conclusion on the evidence reached in the other jurisdiction.
C. That the imposition by the Board of Disciplinary Appeals of discipline identical, to the extent practicable, with that imposed by the other jurisdiction would result in grave injustice.
D. That the misconduct established in the other jurisdiction warrants substantially different discipline in this state.
E. That the misconduct for which the attorney was disciplined in the other jurisdiction does not constitute Professional Misconduct in this state.
If the Board of Disciplinary Appeals determines that one or more of the foregoing defenses have been established, it shall enter such orders as it deems necessary and appropriate.

PART X. RESIGNATION IN LIEU OF DISCIPLINARY ACTION

10.01. Disciplinary Resignation

Any person licensed to practice law in the State of Texas shall be permitted to file a motion for resignation in lieu of Disciplinary Action, in a form promulgated by the Commission, in the Supreme Court of Texas, attaching thereto his or her Texas law license and permanent State Bar membership card.
10.02. Response of Chief Disciplinary Counsel
The Chief Disciplinary Counsel shall, within twenty days after service upon him or her of a motion for resignation in lieu of Disciplinary Action, file a response on behalf of the State Bar (acting through the Commission) stating whether the acceptance of the resignation is in the best interest of the public and the profession and setting forth a detailed statement of the Professional Misconduct with which the movant is charged. The movant may, within ten days after service of such response, withdraw the motion. If a motion to withdraw is not timely filed, the detailed statement of Professional Misconduct shall be deemed to have been conclusively established for all purposes.
10.03. Effect of Filing
The filing of a motion for resignation in lieu of Disciplinary Action does not, without the consent of Chief Disciplinary Counsel, serve to delay or abate any then pending Disciplinary Action or disciplinary investigation.
10.04. Acceptance of Resignation and Notification
Any motion to resign in lieu of Disciplinary Action under this part must be filed in the Supreme Court and is ineffective until and unless accepted by written order of the Supreme Court. The movant, the chair of the movant’s Committee, the Commission, and the Complainant, if any, shall be notified by the Chief Disciplinary Counsel of the Court’s disposition of such motion.
10.05. Effect of Resignation
Any resignation under this part shall be treated as a disbarment for all purposes, including client notification, discontinuation of practice, and reinstatement.

PART XI. REINSTATEMENT AFTER DISBARMENT OR RESIGNATION

11.01. Eligibility and Venue

A disbarred person or a person who has resigned in lieu of Disciplinary Action may, at any time after the expiration of five years from the date of final judgment of disbarment or the date of Supreme Court order accepting resignation in lieu of Disciplinary Action, petition the district court of the county of his or her residence for reinstatement; provided, however, that no person who has been disbarred or resigned in lieu of discipline by reason of conviction of or having been placed on probation without an adjudication of guilt for an Intentional Crime or a Serious Crime, is eligible to apply for reinstatement until five years following the date of completion of sentence, including any period of probation and/or parole. If, at the time the petition for reinstatement is filed, the disbarred person or person who has resigned in lieu of Disciplinary Action is a nonresident of the State of Texas, then the petition shall be filed in Travis County, Texas.
11.02. Petition for Reinstatement
A petition for reinstatement shall be verified and shall set forth all the following information:
A. The name, age, and residential address of the petitioner.
B. The offenses, misconduct, or convictions upon which the disbarment or resignation was based.
C. The name of the body or entity where the Disciplinary Action was adjudicated and the identity of the Committee before whom the Just Cause hearing was held.
D. A statement that the petitioner has made restitution to all persons, if any, naming them and their current addresses, who may have suffered financial loss by reason of the offenses, misconduct, or Serious Crimes for which the petitioner was disbarred or resigned, and that the petitioner has paid all costs and fines assessed in connection with the Disciplinary Action that resulted in his or her disbarment.
E. A statement that at the time of the filing of the petition the petitioner is of good moral character, possesses the mental and emotional fitness to practice law, and during the five years immediately preceding the filing of the petition, has been living a life of exemplary conduct.
F. A statement that the petitioner has recently read and understands the Texas Disciplinary Rules of Professional Conduct; that he or she has recently read and understands the Texas Lawyers Creed—A Mandate For Professionalism; that he or she has a current knowledge of the law; and that the public and profession will be served by the petitioner’s reinstatement.
G. A listing of the petitioner’s occupations from the date of disbarment or resignation, including the names and current addresses of all partners, associates, and employers, if any, and the dates and duration of all such relationships and employment.
H. A statement listing all residences maintained from the date of disbarment or resignation, and the current names and addresses of all landlords.
I. A statement of the dates, cause numbers, courts, and the general nature of all civil actions in which the petitioner was a party or in which he or she claimed an interest, and that were pending at any time from the date of disbarment or resignation.
J. A statement of the dates, cause numbers, courts, the general nature and disposition of all matters pending at any time from the date of disbarment or resignation and involving the prosecution of the petitioner for any crime, felony, or misdemeanor, together with the names and current addresses of all complaining persons in each such matter.
K. A statement whether any application for a license requiring proof of good moral character for its procurement was filed at any time after the disbarment or resignation and, for each application, the name and address of the licensing authority and the disposition of the application.
L. A statement explaining any proceeding or Inquiry after the date of disbarment or resignation concerning the petitioner’s standing as a member of any profession or organization or holder of any license or office that involved censure, removal, suspension of license, revocation of any license, or discipline of the petitioner and the disposition thereof, and the name and address of each authority in possession of the records.
M. A statement whether any allegations or charges, formal or informal, of fraud were made or claimed against the petitioner at any time after the disbarment or resignation and the names and current addresses of the persons or entities making such allegations or charges.
The petitioner has a duty to amend and keep current all information in the petition until the petition has been heard and determined by the trial court.
11.03. Burden of Proof
The petitioner has the burden of establishing by a preponderance of the evidence that the best interests of the public and the profession, as well as the ends of justice, would be served by his or her reinstatement. The court shall deny the petition for reinstatement if it contains any false statement of a material fact or if the petitioner fails to meet the burden of proof.
11.04. Notice and Procedure
The petitioner shall serve notice of a petition for reinstatement by U.S. certified mail, return receipt requested, on the Chief Disciplinary Counsel and shall publish the notice as a paid classified announcement in the Texas Bar Journal. After the filing of the petition and service, the Texas Rules of Civil Procedure shall apply except when in conflict with these rules. All questions of fact and law shall be determined by the trial court without the aid of a jury.
11.05. Relevant Factors to be Considered
In determining the petitioner’s fitness for reinstatement, in addition to any other relevant matters, the trial court may consider:
A. Evidence concerning the nature and degree of Professional Misconduct for which the petitioner was disbarred or resigned and the circumstances attending the offenses.
B. The petitioner’s understanding of the serious nature of the acts for which he or she was disbarred or resigned.
C. The petitioner’s conduct during the Disciplinary Action.
D. The profit to the petitioner and the hardship to others.
E. The petitioner’s attitude toward the administration of justice and the practice of law.
F. The petitioner’s good works and other accomplishments.
G. Any other evidence relevant to the issues of the petitioner’s fitness to practice law and the likelihood that the petitioner will not engage in further misconduct.
11.06. Judgment and Conditions
If the court is satisfied after hearing all the evidence, both in support and in opposition to the petition, that the material allegations of the petition are true and that the best interests of the public and the profession, as well as the ends of justice, will be served, the court may render judgment authorizing the petitioner to be reinstated upon his or her compliance within eighteen months from the date of the judgment with Rule II of the Rules Governing Admission to the Bar of Texas in effect as of the date upon which judgment authorizing reinstatement is entered. The judgment shall direct the Board of Law Examiners to admit the petitioner to a regularly scheduled bar examination in accordance with that board’s rules and procedures relating to the examination of persons who have not previously been licensed as lawyers in Texas or in any other state. No judgment of reinstatement may be rendered by default. If after hearing all the evidence the court determines that the petitioner is not eligible for reinstatement, the court may, in its discretion, either enter a judgment denying the petition or direct that the petition be held in abeyance for a reasonable period of time until the petitioner provides additional proof that he or she has satisfied the requirements of these rules. The court’s judgment may include such other orders as protecting the public and the petitioner’s potential clients may require.
11.07. Appeal and Readmission
When a judgment has been signed in any proceeding under this part, the petitioner and the Commission shall each have a right of appeal. If the petition is granted and an appeal is perfected, the trial court’s judgment shall be stayed pending resolution of the appeal. After the petitioner has complied with the terms of the judgment of reinstatement and with this part, he or she shall furnish the Commission with a certified copy of the judgment and evidence of compliance and shall pay all membership fees, license fees and assessments then owed and the costs of the reinstatement proceeding. Upon receipt of a certified copy of the judgment, evidence of compliance and proof of payment of all membership fees, license fees and assessments then owed, the Commission shall direct the Chief Disciplinary Counsel to issue a declaration of the petitioner’s eligibility for licensure to the Clerk of the Supreme Court. Upon receipt of such declaration, the Clerk of the Supreme Court shall enter the name of the petitioner on the membership rolls of the Supreme Court and shall issue a new Bar card and law license in the name of the petitioner reflecting as the date of licensure the date of the declaration of eligibility. Once the petitioner has taken the attorney’s oath, the new Bar card and law license shall be delivered by the Clerk of the Supreme Court to the petitioner.
11.08. Repetitioning
If a petition for reinstatement is denied after a hearing on the merits, the petitioner is not eligible to file another petition until after the expiration of three years from the date of final judgment denying the last preceding petition.

PART XII. DISABILITY SUSPENSION

12.01. Grounds for Suspension

Any person licensed to practice law in the State of Texas shall be suspended for an indefinite period upon a finding that the attorney is suffering from a Disability.
12.02. Procedure
Should the investigatory panel of a Committee find that an attorney is suffering from a Disability, the panel shall certify that finding and forward the entire record immediately to the Board of Disciplinary Appeals. Upon receipt of the record, the Board of Disciplinary Appeals shall forward it to a District Disability Committee to be composed of one attorney; one doctor of medicine or mental health care provider holding a doctorate degree, trained in the area of Disability; and one public member who does not have any interest, directly or indirectly, in the practice of the law other than as a consumer. The members of the District Disability Committee shall be appointed ad hoc by the chair of the Board of Disciplinary Appeals. The Board of Disciplinary Appeals may appoint any attorney to represent the interests of the disabled attorney.
12.03. District Disability Committee
The same rules regarding immunity, expenses, and confidentiality as apply to members of a Committee shall apply to the members appointed to a District Disability Committee. The District Disability Committee shall proceed in a de novo proceeding to receive evidence and determine whether the attorney is suffering from a Disability. The Respondent/attorney shall be given reasonable notice of the preliminary finding of Disability and the basis for it and shall be afforded an opportunity to appear before, and present evidence to, the District Disability Committee. If there is no finding of Disability by the District Disability Committee, the entire record and the finding of the District Disability Committee will be returned to the Committee and the matter shall continue in the disciplinary process from the point where it was referred to the Board of Disciplinary Appeals for the determination of Disability. If, however, there is a finding of Disability, the District Disability Committee shall certify the finding to the Board of Disciplinary Appeals.
12.04. Board of Disciplinary Appeals’ Responsibilities
Upon receiving a finding of Disability from the District Disability Committee, the Board of Disciplinary Appeals shall immediately enter its order suspending the attorney indefinitely. The record of all proceedings on disability must be sealed and must remain confidential, except as to the Respondent; only the order of indefinite suspension is to be made public.
12.05. Effect on Limitations
Any statute of limitations applying to a disciplinary matter is tolled during the period of any Disability suspension.
12.06. Reinstatement After Disability Suspension
An attorney who has been indefinitely suspended under this part may have the suspension terminated by filing a verified petition with the Board of Disciplinary Appeals or a district court. Venue of a district court action is:
A. In the county, immediately prior to suspension, of Respondent’s principal place of practice.
B. If the Respondent did not maintain a place of practice immediately before suspension within the State of Texas, in the county of Respondent’s residence.
C. If neither A. nor B. applies, then in Travis County, Texas.
The petition must set out the attorney’s name, address, the date, and the docket number of the suspension, a detailed description of his or her activities since the suspension, including employment, the details of any hospitalization or medical treatment, and any other matters the attorney believes entitles him or her to termination of the suspension. A copy of the petition shall be served by U.S. certified mail, return receipt requested, upon the Chief Disciplinary Counsel and the matter shall promptly thereafter be set for hearing. The petition must have the following documents attached: a certified copy of any court order pertaining to the petitioner’s competence; an affidavit from a mental health care provider as to the petitioner’s current condition; and a report from a physician as to the petitioner’s current condition if the suspension was based in whole or in part on the abuse or use of alcohol or other drugs. Such attachments shall not constitute evidence, per se, but the attachment of the same is a requirement of pleading. In an action for reinstatement under this part, either the Respondent or the Commission shall have the right to a jury trial upon timely payment of the required fee.
12.07. Burden of Proof
The petitioner has the burden to come forward and prove, by a preponderance of the evidence, that the reasons for suspension no longer exist and that termination of the suspension would be without danger to the public and the profession. The Board of Disciplinary Appeals or the district court, as the case may be, may order the petitioner to be examined by one or more health care providers trained in the area for which the attorney was suspended.
12.08. Time for Filing Subsequent Petitions
A first petition for termination of suspension may be filed at any time after the petitioner’s license has been suspended under this part. If the first petition is denied after a hearing, subsequent petitions may not be filed until the expiration of one year from the date of the denial of the last preceding petition.
12.09. Judgment
If the attorney meets the burden of proof, the Board of Disciplinary Appeals or the district court shall order a termination of the period of suspension, provided that whenever an attorney has been suspended for a period of two or more consecutive years, he or she may be required by the Board of Disciplinary Appeals or the district court, as the case may be, to obtain a passing grade on the multistate Professional Responsibility portion of the State Bar examination administered by the Board of Law Examiners, or take a prescribed course of study through a law school or through continuing legal education courses, or do both.
12.10 Disability Probation
The Board of Disciplinary Appeals or the district court, as the case may be, may order that an attorney be placed on probation if the attorney has demonstrated each of the following:
A. The ability to perform legal services and that the attorney’s continued practice of law will not cause the courts or profession to fall into disrepair.
B. The unlikelihood of any harm to the public during the period of rehabilitation and the adequate supervision of necessary conditions of probation.
C. A Disability that can be successfully arrested and treated while the attorney is engaged in the practice of law.
Probation shall be ordered for a specified period of time or until further order of the Board of Disciplinary Appeals or the district court, as the case may be, whenever a suspension is probated in whole or in part.
12.11. Conditions
The order placing an attorney on Disability probation must state the conditions of probation. The conditions must take into consideration the nature and circumstances of the Professional Misconduct and the history, character, and condition of the attorney. Any or all of the following conditions, and such others as the Board of Disciplinary Appeals or the district court deems appropriate, may be imposed:
A. Periodic reports to the Chief Disciplinary Counsel.
B. Supervision over client trust accounts as the Board of Disciplinary Appeals or the district court may direct.
C. Satisfactory completion of a course of study.
D. Successful completion of the multistate Professional Responsibility Examination.
E. Restitution.
F. Compliance with income tax laws and verification of such to Chief Disciplinary Counsel.
G. Limitations on practice.
H. Psychological evaluation, counseling, and treatment.
I. The abstinence from alcohol or drugs.
J. Payment of costs (including Reasonable Attorneys’ Fees and all direct expenses) associated with the proceedings.
K. Substance abuse evaluation, counseling, and treatment.
L. Participation in an Impaired Attorney Recovery and Supervision Program if such a program has been adopted by the Board of Directors of the State Bar of Texas.
12.12. Administration
The Chief Disciplinary Counsel is responsible for the supervision of attorneys placed on Disability probation. Where appropriate, he or she may recommend to the Board of Disciplinary Appeals or to the district court, as the case may be, the modification of the conditions and shall report any failure of the probationer to comply with the conditions of probation. Upon a showing of failure to comply with the conditions of probation, the Board of Disciplinary Appeals or the district court, as the case may be, may revoke the probation or impose such other conditions deemed necessary for the protection of the public and the rehabilitation of the attorney.
12.13. Appeals
A final judgment of the Board of Disciplinary Appeals denying a petition for reinstatement may be appealed to the Supreme Court. If such an appeal is taken, it must be filed with the Clerk of the Supreme Court within fourteen days after the receipt by the appealing party of the determination of the Board of Disciplinary Appeals. Except as herein expressly provided, an appeal must be made pursuant to the then applicable Texas Rules of Appellate Procedure. Oral argument may be granted on motion. The case shall be reviewed under the substantial-evidence rule. The Court may affirm a decision of the Board of Disciplinary Appeals by order without written opinion. A final judgment of a district court denying a petition for reinstatement may be appealed as in civil cases generally.

PART XIII. CESSATION OF PRACTICE

13.01. Notice of Attorney’s Cessation of Practice

When an attorney licensed to practice law in Texas dies, resigns, becomes inactive, is disbarred, or is suspended, leaving an active client matter for which no other attorney licensed to practice in Texas, with the consent of the client, has agreed to assume responsibility, written notice of such cessation of practice (together with information identifying the matter) shall be mailed to all clients, former clients, opposing counsel, courts, agencies with which the attorney has matters pending, malpractice insurers, and any other person or entity having reason to be informed of the cessation of practice. If the attorney dies, or has a mental or emotional Disability, the notice shall be given by the personal representative of the attorney or by any person having lawful custody of the files and records of the attorney. In all other cases, notice shall be given by the attorney, a person authorized by the attorney, a person having lawful custody of the files of the attorney, or by Chief Disciplinary Counsel.
13.02. Assumption of Jurisdiction
A client of the attorney, Chief Disciplinary Counsel, or any other interested person may petition a district court in the county of the attorney’s residence to assume jurisdiction over the attorney’s law practice. The petition must be verified and must state the facts necessary to show cause to believe that notice of cessation is required under this part. It must state the following:
A. That an attorney licensed to practice law in Texas has died, disappeared, resigned, become inactive, been disbarred or suspended, or become physically, mentally or emotionally disabled and cannot provide legal services necessary to protect the legal interests of clients.
B. That cause exists to believe that court supervision is necessary because the attorney has left client matters for which no other attorney licensed to practice law in Texas has, with the consent of the client, agreed to assume responsibility.
C. That there is cause to believe that the interests of one or more clients of the attorney or one or more interested persons or entities will be prejudiced if these proceedings are not maintained.
13.03. Hearing and Order on Application to Assume Jurisdiction
The court shall set the petition for hearing and issue an order to show cause, directing the attorney or his or her personal representative, or if none exists, the person having custody of the attorney’s files, to show cause why the court should not assume jurisdiction of the attorney’s law practice. If the court finds that one or more of the events stated in Section 13.02 has occurred and that the supervision of the court is required, the court shall assume jurisdiction and appoint one or more attorneys licensed to practice law in Texas to do one or more of the following as specified in the court’s written order:
A. Examine the client matters, including files and records of the attorney’s practice, and obtain information about any matters that may require attention.
B. Notify persons and entities that appear to be clients of the attorney of the assumption of the law practice, and suggest that they obtain other legal counsel.
C. Apply for extension of time before any court or any administrative body pending the client’s employment of other legal counsel.
D. With the prior consent of the client, file such motions and pleadings on behalf of the client as are required to prevent prejudice to the client’s rights.
E. Give appropriate notice to persons or entities that may be affected other than the client.
F. Arrange for surrender or delivery to the client of the client’s papers, files, or other property.
The custodian shall observe the attorney-client relationship and privilege as if the custodians were the attorney of the client and may make only such disclosures as are necessary to carry out the purposes of this part. Except for intentional misconduct or gross negligence, no person acting under this part may incur any liability by reason of the institution or maintenance of a proceeding under this Part XIII. No bond or other security is required.

PART XIV. INTERIM SUSPENSION

14.01. Irreparable Harm to Clients

Upon a finding by an investigatory panel that an attorney poses a substantial threat of irreparable harm to clients or prospective clients, the investigatory panel shall authorize Chief Disciplinary Counsel to seek the immediate interim suspension of the attorney. The Chief Disciplinary Counsel shall file a petition with a district court of proper venue alleging immediate irreparable harm, and the district court shall, if the petition alleges facts that meet the evidentiary standard in Section 14.02, set a hearing within ten days. If the Chief Disciplinary Counsel, at the hearing, meets the evidentiary standard and burden of proof as established in Section 14.02, the court shall enter an order without requiring bond, immediately suspending the attorney pending the final disposition of the Disciplinary Proceedings or the Disciplinary Action based on the conduct causing the harm. The matter shall thereafter proceed in the district court as in matters involving temporary injunctions under the Texas Rules of Civil Procedure. If a temporary injunction is entered, the court may appoint a custodian under Part XIII. If, at the conclusion of all Disciplinary Proceedings and Disciplinary Actions, the Respondent is not found to have committed Professional Misconduct, the immediate interim suspension may not be deemed a “Sanction” for purposes of insurance applications or any other purpose.
14.02. Burden of Proof and Evidentiary Standard
The Chief Disciplinary Counsel has the burden to prove the case for an interim suspension by a preponderance of the evidence. If proved by a preponderance of the evidence, any one of the following elements establishes conclusively that the attorney poses a substantial threat of irreparable harm to clients or prospective clients:
A. Conduct by an attorney that includes all of the elements of a Serious Crime as defined in these rules.
B. Three or more acts of Professional Misconduct, as defined in subsections (a)(2) (3) (4) (6) (7) (8) or (10) of Rule 8.04 of the Texas Disciplinary Rules of Professional Conduct, whether or not actual harm or threatened harm is demonstrated.
C. Failure of a Respondent to furnish information subpoenaed by a Committee, unless he or she, in good faith, asserts a privilege or other legal grounds for the failure to do so.
D. Any other conduct by an attorney that, if continued, will probably cause harm to clients or prospective clients.

PART XV. MISCELLANEOUS PROVISIONS

15.01. Subpoena Power

Chief Disciplinary Counsel or Respondent may compel the attendance of witnesses, including the Respondent, and the production of books, documents, papers, banking records, and other things by subpoena. The subpoena must notify the witness of the time, date, and place of appearance and must contain a description of the materials to be produced. Subpoenas must be in writing and signed and issued by the chair of the panel. The party seeking the subpoena shall submit it in a proper form and is responsible for securing service. Any contest between the Chief Disciplinary Counsel and the Respondent about the materiality of the testimony or production sought by a subpoena shall be determined by the chair of the panel, and is subject to review. Subpoenas must be served on witnesses personally or in accordance with Rule 21a, Texas Rules of Civil Procedure. Proof of service shall be by certification of the server or by the return receipt. The subpoena is enforceable by the district court of the county in which the attendance or production is required. Witnesses shall be paid witness fees and mileage the same as for a district court.
15.02. Enforcement of Subpoenas and Examination Before a District Judge
If any witness, including the Respondent, fails or refuses to appear or to produce the things named in the subpoena, or refuses to be sworn or to affirm or to testify, the witness may be compelled to appear and produce tangible evidence and to testify at a hearing before a district judge of the county in which the subpoena was served. The application for such a hearing is to be styled “In re: Hearing Before The District ________ Disciplinary Committee.” The court shall order a time, date, and place for the hearing and shall notify Chief Disciplinary Counsel, the Respondent, and the witness. Unless the Respondent requests a public hearing, the proceedings before the court shall be closed and all records relating to the hearing shall be sealed and made available only to Chief Disciplinary Counsel, the Respondent, or the witness. If the witness fails or refuses to appear, testify, or produce such tangible evidence, he or she shall be punished for civil contempt.
15.03. Enforcement of Judgments
The following judgments have the force of a final judgment of a district court: consent judgments entered into by the Respondent and an investigatory panel, consent judgments entered into by the Respondent and an evidentiary panel, final judgments of an evidentiary panel, and judgments entered by the Board of Disciplinary Appeals. To enforce a judgment, the Chief Disciplinary Counsel may apply to a district court in the county of the residence of the Respondent. In enforcing the judgment, the court has available to it all writs and processes, as well as the power of contempt, to enforce the judgment as if the judgment had been the courts own.
15.04. Effect of Related Litigation
The processing of an Inquiry, Complaint, Disciplinary Proceeding, or Disciplinary Action is not, except for good cause, to be delayed or abated because of substantial similarity to the material allegations in pending civil or criminal litigation.
15.05. Effect on Related Litigation
Neither the Complainant nor the Respondent is affected by the doctrines of res judicata or estoppel by judgment from any Disciplinary Action.
15.06. Effect of Delay or Settlement by Complainant
None of the following alone justifies the discontinuance or abatement of any Inquiry or Complaint being processed through the disciplinary system: (1) the unwillingness or the neglect of a Complainant to sign a Complaint or to prosecute a charge; (2) the settlement or compromise of matters between the Complainant and the Respondent; (3) restitution by the Respondent.

15.07. Effect of Time Limitations
The time periods provided in Sections 2.09, 2.10, 2.13, 2.16(B), 2.16(G), 2.19, 2.20, 3.04, 4.06(A), 7.11, 8.06, 9.02, 10.02 and 11.01 are mandatory. All other time periods herein provided are directory only and the failure to comply with them does not result in the invalidation of an act or event by reason of the noncompliance with those time limits.
15.08. Limitations, Rules and Exceptions
No attorney licensed to practice law in Texas may be disciplined for Professional Misconduct occurring more than four years before the time when the allegation of Professional Misconduct is brought to the attention of the Office of Chief Disciplinary Counsel, except in cases in which disbarment or suspension is compulsory. Limitations will not begin to run where fraud or concealment is involved until such Professional Misconduct is discovered or should have been discovered in the exercise of reasonable diligence by the Complainant.
15.09. Residence
For purposes of these rules, a person licensed to practice law in Texas is considered a resident of the county in Texas of his or her principal residence. A person licensed to practice law in Texas but not residing in Texas is deemed to be a resident of Travis County, Texas, for all purposes.
15.10. Privilege
All communications, written and oral, and all other materials and statements to or from the Commission, Chief Disciplinary Counsel, the Complainant, the Respondent, and others directly involved in the filing, screening, investigation, and disposition of Inquiries and Complaints are absolutely privileged.
15.11. Immunity
Communications to the Chief Disciplinary Counsel or grievance committee relating to attorney misconduct or disability and testimony given at any disciplinary proceeding shall be absolutely privileged and no lawsuit predicated thereon may be instituted against any complainant or witness. All members of the Commission, the Chief Disciplinary Counsel and his or her staff (including Special Assistant Disciplinary Counsel appointed by the Commission and attorneys employed on a contract basis by the Chief Disciplinary Counsel), all members of Committees, all members of the Board of Disciplinary Appeals, all members of the District Disability Committees, and all officers and Directors of the State Bar are immune from suit for any conduct in the course of their official duties. The immunity is absolute and unqualified and extends to all actions at law or in equity.
15.12. Maintenance of Funds or Other Property Held for Clients and Others
Every attorney licensed to practice law in Texas who maintains, or is required to maintain, a separate client trust account or accounts, designated as such, into which funds of clients or other fiduciary funds must be deposited, shall further maintain and preserve for a period of five years after final disposition of the underlying matter, the records of such accounts, including checkbooks, canceled checks, check stubs, check registers, bank statements, vouchers, deposit slips, ledgers, journals, closing statements, accountings, and other statements of receipts and disbursements rendered to clients or other parties with regard to client trust funds or other similar records clearly reflecting the date, amount, source, and explanation for all receipts, withdrawals, deliveries, and disbursements of the funds or other property of a client.
15.13. Restrictions on Imposition of Certain Sanctions
A. Public reprimands shall not be utilized if:
(1) A public reprimand has been imposed upon the Respondent within the preceding five (5) year period for a violation of the same disciplinary rule; or
(2) The Respondent has previously received two (2) or more public reprimands whether or not for violation of the same disciplinary rule within the preceding five (5) year period.
B. Fully probated suspensions shall not be utilized if:
(1) A public reprimand or fully probated suspension has been imposed upon the Respondent within the preceding five (5) year period for a violation of the same disciplinary rule; or
(2) The Respondent has previously received two (2) or more fully probated suspension whether or not for violations of the same disciplinary rule within the preceding five (5) year period; or
(3) The Respondent has previously received two (2) or more sanctions of public reprimand or greater imposed for conflict of interest, theft, misapplication of fiduciary property, or the failure to return, after demand, a clearly unearned fee.
C. In the event that a fully probated suspension is not available under this rule, any sanction imposed shall be for no less than thirty (3) days of active suspension.