(a) Loss of Membership. A member of the bar of this court is subject to suspension
or disbarment by the court under the following circumstances:
(1) if for any reason other than nonpayment of dues, failure to meet continuing
legal education requirements, or voluntary resignation unrelated to a disciplinary
proceeding or problem, an attorney loses, either temporarily or permanently, the
right to practice law before:
(A) the courts of the State of Texas;
(B) the highest court of any other state or the District of Columbia; or
(C) any federal court; or
(2) if an attorney fails to maintain the right to practice law before the highest
court of at least one state or the District of Columbia unless the member’s
failure to maintain such rights results from nonpayment of dues or failure
to meet continuing legal education requirements.
(b) Grounds for Disciplinary Action. A presiding judge, after giving opportunity to
show cause to the contrary, may take any appropriate disciplinary action against a
member of the bar for:
(1) conduct unbecoming a member of the bar;
(2) failure to comply with any rule or order of this court;
(3) unethical behavior;
(4) inability to conduct litigation properly;
(5) conviction by any court of a felony or crime involving dishonesty or false
statement; or
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Effective September 3, 2024
(6) having been publicly or privately disciplined by any court, bar, court agency
or committee.
(c) Appeal of Disciplinary Action. [REPEALED]
(d) Reporting by Members. Any member of the bar of this court who has:
(1) lost or relinquished, temporarily or permanently, the right to practice in any
court of record;
(2) been disciplined, publicly or privately, by any court, bar, court agency, or
committee; or
(3) been convicted of a felony or crime involving dishonesty or false statement,
shall promptly report such fact in writing to the clerk, supplying full details
and copies of all pertinent documents reflecting, or explaining, such action.
(e) Unethical Behavior. The term “unethical behavior,” as used in this rule, means
conduct undertaken in or related to a criminal proceeding in this court that violates the
Texas Disciplinary Rules of Professional Conduct.
(f) Readmission. An attorney applying for readmission to the bar of this court must
submit an application for readmission, together with the following materials:
(1) A full disclosure concerning the attorney’s loss or relinquishment of
membership in the bar of this court; and
(2) all information required by subsection (d) of this rule concerning facts that
occurred prior to the date of application for readmission.
(g) Appointment of Counsel. A presiding judge shall have the right to appoint any
member of the court’s bar to assist in the handling of any proceeding contemplated by or
resulting from this rule. An attorney appointed under this rule shall perform as requested
unless relieved from doing so. An attorney desiring relief from appointment must move for
such relief, which will be granted only upon a showing of good cause.
(h) Reciprocal Discipline.
(1) A member of the bar who is subject to suspension or disbarment under LCrR
57.8(a) must be given written notice by the chief judge, or by a district judge
designated by the chief judge, that the court intends to suspend or disbar the
member. The notice must identify the ground for imposing reciprocal
discipline and provide the member an opportunity to show cause, within the
time prescribed by the notice, why the member should not be suspended or
disbarred.
(2) If the member does not respond to the notice, or responds but does not
oppose reciprocal discipline, the chief judge or a designee district judge may
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Effective September 3, 2024
enter an appropriate order after the prescribed time for a response expires
or the response is received.
(3) If the member responds, and in whole or in part, opposes reciprocal
discipline, the chief judge, or a district judge designated by the chief judge,
must designate three district judges to hear the matter. The decision of a
majority of the three-judge panel concerning the appropriate discipline shall
be the final ruling of this court.
