No. 18-180

Jesus E. Tirrez v. Commission for Lawyer Discipline, et al.

Lower Court: Texas
Docketed: 2018-08-10
Status: Denied
Type: Paid
Response Waived
Tags: burden-of-proof disbarment disbarment-proceedings due-process equal-protection in-re-ruffalo professional-license professional-licenses quasi-criminal quasi-criminal-proceeding
Key Terms:
ERISA DueProcess
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Do rules that decree that the disbarment proceedings are civil and that the burden of proof is only by a preponderance, deprive Texas attorneys sued for disbarment Due Process and the Equal Protection of the Laws?

Question Presented (OCR Extract)

QUESTION PRESENTED Rules promulgated by the Supreme Court of Texas decree that disbarment proceedings against attorneys are civil and that the burden of proof in those proceedings is by a preponderance. Thirty-nine other States consider such proceedings as quasi-criminal with a burden of proof. Thus, unlike Texas, those States follow this Court’s holding in In re Ruffalo, 390 U.S. 544 (1968), which held that disbarment is a punishment and the proceeding is quasicriminal. The question presented is: Do rules that decree that the disbarment proceedings are civil and that the burden of proof is only by a preponderance, deprive Texas attorneys sued for disbarment Due Process and the Equal Protection of the Laws?

Docket Entries

2018-10-01
Petition DENIED.
2018-09-05
DISTRIBUTED for Conference of 9/24/2018.
2018-08-20
Waiver of right of respondents Commission For Lawyer Discipline, et al. to respond filed.
2018-08-07
Petition for a writ of certiorari filed. (Response due September 10, 2018)

Attorneys

Commission For Lawyer Discipline, et al.
Matthew J. Greer — Respondent
Matthew J. Greer — Respondent
Jesus Tirrez
Leonard Thomas BradtL.T. BRADT, P.C., Petitioner
Leonard Thomas BradtL.T. BRADT, P.C., Petitioner