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EPHRAIM ABERRA On June 25, 2008, the Board of Disciplinary Appeals dismissed for want of jurisdiction the appeal of Richmond, Virginia attorney Ephraim Aberra, 41, State Bar of Texas Card No. 24043518, of a judgment of partially probated suspension signed by the Evidentiary Panel for the State Bar of Texas District 06A grievance committee on October11, 2007 in Case No. D0060629908. Aberra was personally served with the judgment on October 25, 2007. Aberra filed his notice of appeal on March 11, 2008. The Board found that the notice of appeal was untimely filed and Aberra presented no explanation for his failure to file on time nor did he request an extension of time to file his notice of appeal. THOMAS R. ADKINS On February 24, 2005, the Board of Disciplinary Appeals dismissed for want of prosecution the appeal of the complainant, Nazir Charania, of a judgment of dismissal of a complaint against Houston attorney Thomas R. Adkins, 58, SBOT Card No. 00919000, issued by the Evidentiary Panel for the State Bar of Texas District 04B grievance committee in Case No. H00120316950. The Board found that the Appellant, Charania, did not file a reporter's record or a brief. The Board issued an Order to Show Cause to Charania on December 28, 2004, giving him 30 days to respond and show cause as to why this appeal should not be dismissed for want of prosecution. Charania responded but did not show good cause why his appeal should not be dismissed. THOMAS RONALD ADKINS On June 30, 2005, the Board of Disciplinary Appeals signed a judgment of disbarment against Houston attorney Thomas Ronald Adkins, 59, SBOT Card No. 00919000. On or about November 30, 2004, Adkins pled guilty to Theft under $50, a Class C misdemeanor and an intentional crime as defined in the Texas Rules of Disciplinary Procedure, styled, The State of Texas v. Thomas Ronald Adkins, in the Justice of the Peace Court, Precinct 4, Place 1 of Harris County, Texas. Adkins was fined $492. Adkins’ sentence was not fully probated, although probation was available. Adkins did not appear at the hearing. JOHN J. ARBOUR On July 11, 2006, the Board of Disciplinary Appeals entered an agreed judgment of suspension against Houston attorney, John J. Arbour, 42, SBOT Card No. 00786993. On or about November 29, 2005, Arbour was suspended from the practice of law in Louisiana for two years by the Supreme Court of Louisiana in Case No. 05-B-1189, styled, In Re: John Joseph Arbour, Supreme Court of Louisiana Attorney Disciplinary Proceedings. In accordance with Part IX of the Texas Rules of Disciplinary Procedure, Arbour is suspended from the practice of law in Texas for a period of two years, effective as of November 29, 2005 and ending on November 28, 2007. ROBERT ARECHE, JR. On June 28, 2005, the Board of Disciplinary Appeals affirmed in part and reversed in part the Order of Disbarment against San Antonio attorney Robert Areche, Jr., 50, SBOT Card No. 01299125, issued by the evidentiary panel for the State Bar of Texas District 10B grievance committee in Case No. S0010311570. The Board found that there was not substantial evidence to find that Areche had violated Texas Disciplinary Rules of Professional Conduct 1.01 (b)(1) (neglect), 1.03(a) (communication), or 1.15(d) (termination of representation). The Board found that there was substantial evidence to find a violation of Texas Disciplinary Rules of Professional Conduct 8.04(a)(8) (failure to respond to the grievance committee). The disbarment and all sanctions were reversed and the case remanded to the District 10B evidentiary panel for a hearing on sanction. RICHARD R. ATCHESON On August 30, 2005, the Board of Disciplinary Appeals, upon the appellant’s motion, dismissed the appeal of League City attorney Richard R. Atcheson, 65, SBOT Card No. 01396500, of a default judgment of active suspension issued by the Evidentiary Panel for the State Bar of Texas District 5B01grievance committee in Case No. H0030417375. NANCY F. AVANZINO-CHAPMAN On January 16, 2003, the Board of Disciplinary Appeals entered an agreed judgment of public reprimand against Henderson, Nevada attorney, Nancy F. Avanzino-Chapman, 44, SBOT Card No. 01448700. On or about November 21, 2002, Avanzino-Chapman was publicly reprimanded by the Disciplinary Board of the Oregon State Bar Association for two separate cases of engaging in conduct prejudicial to the administration of justice. In accordance with Part IX of the Texas Rules of Disciplinary Procedure, the Board of Disciplinary Appeals publicly reprimanded Avanzino-Chapman. ROBERT E. BARGER On September 2, 2004, the Board of Disciplinary Appeals signed a final judgment of disbarment against Garden Ridge attorney Robert E. Barger, 45, SBOT Card No. 01734040. On September 21, 1999, the Board signed an Interlocutory Order suspending Barger from the practice of law pending the appeal of his criminal conviction for conspiracy to impede the function of the Department of the Treasury in collecting taxes in violation of 18 U.S.C. §371, involving 26 U.S.C. §7201 and making a false statement in violation of 18 U.S.C. §1001, intentional crimes as defined in the Texas Rules of Disciplinary Procedure, in Cause No. SA-97-CR-112(3)-OG styled, United States of America, Plaintiff v. Robert E. Barger, in the United States District Court for the Western District of Texas, San Antonio Division. Barger was sentenced to 18 months in prison for each count to be served concurrently. The Interlocutory Order provided that in the event Barger's conviction became final, he would be disbarred. On or about February 1, 2002, the United States Court of Appeals for the Fifth Circuit issued a mandate affirming the judgment in the criminal case. WILLIAM D.
BEARD On July 21, 2003, the Board of Disciplinary Appeals affirmed the judgment of probated suspension against McKinney attorney William D. Beard, 43, SBOT Card No. 01978760, signed by the evidentiary panel of the State Bar of Texas District 06A Grievance Committee on July 11, 2002, in Cause Nos. D0120015908 and D0120015894. Beard is actively suspended from the practice of law until July 31, 2004 and will be on a probated suspension from the practice of law until July 31, 2006. WILLIAM F.
BELL The Board had previously suspended Bell on May 12, 1999, based upon his convictions for two counts of Aggravated Perjury in 1998 in Case Nos. 789788 and 789789, both styled The State of Texas v. William Bell, in the 232nd District Court of Harris County, Texas. The court sentenced Bell to three (3) years as to each count to be served concurrently. These sentences were probated. The original BODA disciplinary judgment was interlocutory pending the outcome of Bell's appeals of the criminal convictions. The conviction in Case No. 789788 was ultimately overturned on appeal. First Court of Appeals docket no. 01-99-00100-CR. The First District Court of Appeals affirmed Case No. 789789 on May 9, 2001. First Court of Appeals docket no. 01-99-00101-CR. Bell will be suspended for the term of his criminal probation as originally assessed until May 8, 2004. In the event that his probation is revoked, he will be disbarred. VICTOR JACOB
BIEGANOWSKI On May 21, 2002, the Board of Disciplinary Appeals signed a final order of disbarment against El Paso attorney Victor Jacob Bieganowski, 53, SBOT Card No. 02301100. On May 22, 2001, the Board of Disciplinary Appeals suspended Bieganowski from the practice of law pending the appeal of his plea of guilty to conspiring to commit mail fraud in violation of 18 U.S.C. §§1341 and 371; an intentional crime as defined in the Texas Rules of Disciplinary Procedure, in Cause No. EP-98-CR-959-DB(2) styled, United States of America v. Victor J. Bieganowski, J.D., in the United States District Court, Western District of Texas. The interlocutory order provided that in the event Bieganowski's conviction became final, he would be disbarred. On or about October 8, 2001, Bieganowski's conviction was affirmed, and he was committed to the custody of the United States Bureau of Prisons to be imprisoned for 30 months. The judgment is now final. Upon release from prison, Bieganowski will serve two years on supervised release. Bieganowski was also ordered to pay restitution in the amount of $373,538.01, a fine in the amount of $10,000.00 and a special assessment in the amount of $100. GEORGE M.
BISHOP III On July 18, 2003, the Board of Disciplinary Appeals signed a final judgment of disbarment against Houston attorney George M. Bishop III, 61, SBOT Card No. 02353000. On September 25, 2000, the Board signed an Interlocutory Order suspending Bishop from the practice of law pending the appeal of his criminal conviction for two counts of federal income tax evasion and one count of filing a false tax return, intentional crimes as defined in the Texas Rules of Disciplinary Procedure, in Cause No. Criminal No. H-99-153 styled, United States of America, Plaintiff v. George Meredith Bishop, III, Defendant, in the United States District Court for the Southern District of Texas, Houston Division. Bishop was sentenced to 18 months in prison for each count. The Interlocutory Order provided that in the event Bishop's conviction became final, he would be disbarred. On or about October 23, 2001, the United States Court of Appeals for the Fifth Circuit issued a mandate affirming the judgment in the criminal case. EDWARD P.
BOLDING On July 24, 2003 the Board of Disciplinary Appeals entered an agreed judgment of active suspension against Tucson, Arizona attorney, Edward P. Bolding, 67, SBOT Card No. 02565550. The Texas suspension was imposed as a result of Bolding having been found to have committed misconduct in a disciplinary proceeding in Arizona. On or about December 5, 2002, the Supreme Court of Arizona entered a Judgment and Order suspending Bolding from the practice of law for one year in the case styled, In the Matter of a Member of the State Bar of Arizona Edward P. Bolding, Bar No. 00253, Respondent. In accordance with Part IX of the Texas Rules of Disciplinary Procedure which require that the identical discipline be imposed in Texas to the extent practicable, the Board of Disciplinary Appeals issued an agreed judgment of active suspension. Bolding is suspended from the practice of law from January 5, 2003 until January 4, 2004. EDWARD L. BRAMBLETT On October 24, 2005, the Board of Disciplinary Appeals dismissed for want of prosecution the appeal of Houston attorney Edward L. Bramblett, 45, SBOT Card No. 02866900, of a default judgment of disbarment issued by the Evidentiary Panel for the State Bar of Texas District 4I18 grievance committee in Case No. H0030417265 on February 16, 2005. The Board found that Bramblett did not file a reporter's record or a brief. The Board issued an Order to Show Cause to Bramblett on September 9, 2005, giving him 30 days to respond and show cause as to why the appeal should not be dismissed for want of prosecution. Bramblett did not respond. DONALD H. BRANDT, JR. On October 27, 2004, the Board of Disciplinary Appeals signed an Agreed Judgment of Indefinite Disability Suspension against Richardson attorney Donald H. Brandt, Jr., 55, SBOT Card No. 00789983, in accordance with Part XII of the Texas Rules of Disciplinary Procedure and Section 8 of the Internal Procedural Rules of the Board of Disciplinary Appeals. BODA cause number 32155. BARRY WAYNE BROWN On June 15, 2006, the Board of Disciplinary Appeals entered an interlocutory order of suspension against Searcy, Arkansas, attorney Barry Wayne Brown, 36, SBOT Card No. 24045566. On or about January 24, 2006, Brown pled guilty to three charges in general court martial order in Cause No. 431-43-9656FR United States Air Force, 37th Training Wing, Lackland Air Force Base, Texas: attempt to commit premeditated murder, conspiracy to commit premeditated murder and wrongful fraternization with an enlisted person, offenses under the Uniform Code of Military Justice. The crimes of attempt to commit premeditated murder and conspiracy to commit premeditated murder are intentional crimes as defined in the Texas Rules of Disciplinary Procedure. Brown was sentenced to confinement for 18 years in the Air Force Corrections System. The court martial is subject to an automatic appeal. In the event that the conviction becomes final, Brown will be disbarred from the practice of law. ROLAND CABALLERO On March 28, 2007, the Board of Disciplinary Appeals signed a judgment of disbarment against San Antonio attorney Roland Caballero, 54, Texas Bar Card No. 03569280. On or about June 1, 2006, Caballero pled guilty to mail fraud in violation of 18 U.S.C. §1341, an Intentional Crime as defined in the Texas Rules of Disciplinary Procedure in Cause No. SA-04-CR-611(1)FB, styled, United States of America v. Roland Caballero, United States District Court, Western District of Texas, San Antonio Division. Caballero was placed on supervised probation for a term of five years. He was also ordered to pay a special assessment in the amount of $100 and restitution in the amount of $57,937.50. CHRISTOPHER JOHN CAFIERO On May 10, 2007, the Board of Disciplinary Appeals vacated and remanded the judgment of a partially probated suspension of Frisco attorney Christopher John Cafiero, 43,Texas Bar Card No. 24031784, signed April 26, 2006, by the Evidentiary Panel for the State Bar of Texas District 06A evidentiary panel in Case Nos. D0010525697, D0110425311 and D0030526191. The Board found that because the record showed that the evidentiary panel lost its statutory quorum during the hearing, the judgment is void. The judgment of the evidentiary panel is vacated and the matter is remanded to a state-wide grievance committee panel for a full hearing on the merits and, if necessary, a hearing on the sanctions. The full text of BODA’s opinion and order in this matter can be found here. JAMES R.
CALLAHAN On July 12, 2004, the Board of Disciplinary Appeals dismissed for want of prosecution the appeal of Addison attorney James R. Callahan, 53, SBOT Card No. 03651200, of a judgment of disbarment issued by the Evidentiary Panel for the State Bar of Texas District 06A grievance committee in Case No. D0090219338. The Board found that Callahan did not file a reporter's record or a brief. The Board issued an Order to Show Cause to Callahan on May 8, 2004, giving him 30 days to respond and show cause as to why this appeal should not be dismissed for want of prosecution. Callahan did not respond. DAVID A. CANTU On July 13, 2007, the Board of Disciplinary Appeals affirmed the judgment of a partially probated suspension of McAllen attorney David A. Cantu, 43,Texas Bar Card No. 03767030 signed October 18, 2006, by the Evidentiary Panel for the State Bar of Texas District 12B-2 evidentiary panel in Case No. S0080515618. Cantu remains on a partially probated suspension until December 31, 2008. FORREST
R. CARLTON II On July 28, 2004, the Board of Disciplinary Appeals entered a judgment of disbarment against Santa Fe, New Mexico attorney, Forrest R. Carlton II, 64, SBOT Card No. 03819000. On or about March 4, 2002, Carlton was disbarred by the Supreme Court of the State of New Mexico in Case No. 25,895, styled, In the Matter of Forrest R. Carlton II, Esquire, an Attorney Suspended from Practice Before the Courts of the State of New Mexico. In accordance with Part IX of the Texas Rules of Disciplinary Procedure, the Board of Disciplinary Appeals disbarred Carlton. ROBERT N.
CARNAHAN On May 12, 2003, the Board of Disciplinary Appeals entered an interlocutory order of suspension against Corpus Christi attorney Robert N. Carnahan, 74, SBOT Card No. 03826000. On or about January 10, 2003, Carnahan was found guilty of Indecency with a Child (three counts), Aggravated Sexual Assault of a Child (five counts) and Sexual Assault of a Child (five counts), intentional crimes as defined in the Texas Rules of Disciplinary Procedure, in Cause No. 01 CR 3833 H, styled, The State of Texas v. Robert Narvell Carnahan, in the 347th District Court of Nueces County, Texas. Carnahan was sentenced to 15 years confinement in the Texas Department of Criminal Justice for the counts of Indecency with a Child and Sexual Assault of a Child and 40 years confinement in the Texas Department of Criminal Justice for the counts of Aggravated Sexual Assault of a Child. Carnahan was also ordered to pay a fine of $5,000 on each count and court costs of $463.00. Carnahan has appealed the conviction. In the event that the conviction becomes final, Carnahan will be disbarred from the practice of law. ROBERT N. CARNAHAN On August 3, 2006 the Board of Disciplinary Appeals signed a final judgment disbarring Corpus Christi attorney Robert N. Carnahan, 77, SBOT Card No. 03826000. On May 12, 2003, the Board signed an Interlocutory Order suspending Carnahan from the practice of law pending the appeal of his criminal conviction for Indecency with a Child (three counts), Aggravated Sexual Assault of a Child (five counts), and Sexual Assault of a Child (five counts), intentional crimes as defined in the Texas Rules of Disciplinary Procedure , in Cause No. 01 CR3833 H styled, The State of Texas v. Robert Narvell Carnahan, in the 347 th District Court of Nueces County, Texas. Carnahan was sentenced to 15 years confinement in jail for the indecency with a child and sexual assault of a child convictions and 40 years confinement for the aggravated sexual assault of a child convictions. He was also assessed a fine of $5,000 and ordered to pay court costs in the amount of $463.00. The Interlocutory Order provided that in the event Carnahan’s conviction became final, he would be disbarred. On or about March 6, 2006, the Thirteenth Court of Appeals for the State of Texas issued a mandate affirming the judgment in the criminal case. STEPHEN
A. CIHAL On October 8, 2002, the Board of Disciplinary Appeals revoked the probation of San Antonio attorney Stephen A. Cihal, 48, SBOT Card No. 04251050, and suspended him from the practice of law for 90 days, beginning November 7, 2002. On or about May 8, 2001, a default judgment of a fully probated suspension was entered by the District 11C State Bar of Texas Grievance Committee. The order of probation found that Cihal committed professional misconduct and was suspended from the practice of law or 90 days, with the imposition of the suspension probated for three years, beginning June 1, 2001 and ending May 31, 2004. The Board found that Cihal materially violated the terms and conditions of his probation. WAYNE H. COBB, JR. On February 24, 2005, the Board of Disciplinary Appeals dismissed for want of prosecution the appeal of Wylie attorney Wayne H. Cobb, Jr., 52, SBOT Card No. 04444140, of a judgment of partially probated suspension issued by the Evidentiary Panel for the State Bar of Texas District 06A grievance committee in Case Nos. D0030116236 and D0030218289. The Board found that Cobb did not file a reporter's record or a brief. The Board issued an Order to Show Cause to Cobb on December 28, 2004, giving him 30 days to respond and show cause as to why this appeal should not be dismissed for want of prosecution. Cobb did not respond. BODA cause number 32742. EDGAR ORAN COBLE On April 13, 2005, the Board of Disciplinary Appeals revoked the probation of Fort Worth attorney Edgar Oran Coble, SBOT Card No. 04446000, and suspended him from the practice of law for three years, beginning April 13, 2005. On or about May 4, 2004, Coble consented to an agreed judgment of partially probated suspension signed by the District 07A State Bar of Texas grievance committee. The agreed order found that Coble committed professional misconduct and suspended him from the practice of law for 37 months, of which the first month was active, beginning July 1, 2004, and ending July 31, 2004, and the final 36 months was probated beginning August 1, 2004 and ending July 31, 2007. The Board of Disciplinary Appeals found that Coble violated the terms and conditions of probation in that he failed to make restitution to a former client, failed to file an affidavit with the State Bar of Texas stating that all courts where he had matters pending were notified in writing of his suspension, and failed to file the results of a psychiatric or psychological evaluation with the State Bar of Texas, in violation of the terms and conditions of the agreed judgment. BODA cause number 34611. DAVID COLE On January 24, 2008, the Board of Disciplinary Appeals signed an agreed judgment of suspension against Dallas attorney David Cole, 41, State Bar of Texas Card No. 00783854. On or about April 2, 2007, a judgment was entered against Cole wherein he pled guilty to tax evasion in violation of 26 U.S.C. §7201, an Intentional Crimes as defined in the Texas Rules of Disciplinary Procedure in Cause No. 3:07-CR-107-K(01) styled, United States of America v. David Cole, in the United States District Court, Northern District of Texas, Dallas Division. Cole was placed on probation for a term of 18 months. He was also ordered to pay an assessment in the amount of $100.00 and a fine of $5,000.00. The Commission for Lawyer Discipline agreed to the suspension of Cole’s law license for the term of the criminal probation. VIRGINIA
COOP-ULLMAN On June 21, 2002, the Board of Disciplinary Appeals entered an agreed judgment of public reprimand against Bellvue, Washington attorney, Virginia Coop-Ullman, 66, SBOT Card No. 04772300. On or about August 1, 2001, Coop-Ullman was censured by the Disciplinary Board of the Washington State Bar Association in Public No. 00#00123; styled, In re VIRGINIA COOP-ULLMAN, Lawyer, WSBA No. 19378. In accordance with Part IX of the Texas Rules of Disciplinary Procedure, the Board of Disciplinary Appeals publicly reprimanded Coop-Ullman. ANTONIO CORTEZ
On July 14, 2004, the Board of Disciplinary Appeals dismissed for want of prosecution the appeal of El Paso attorney Antonio Cortez 55, SBOT Card No. 04844700, of a judgment of suspension issued by the Evidentiary Panel for the State Bar of Texas District 17A grievance committee in Case No. F3070212745. The Board found that Cortez did not file a reporter's record or a brief. The Board issued an Order to Show Cause to Cortez on May 5, 2004, giving him 30 days to respond and show cause as to why this appeal should not be dismissed for want of prosecution. Cortez did not respond. W. ALLAN CRAIG III On January 12, 2007, the Board of Disciplinary Appeals signed a judgment of disbarment against Austin attorney W. Allan Craig III, 64, Texas Bar Card No. 04986600. On or about September 19, 2006 Craig pled guilty to conspiracy to commit mail fraud, wire fraud and bank fraud in violation of 18 U.S.C. §1349 and 2, Intentional Crimes as defined in the Texas Rules of Disciplinary Procedure in Cause No. A-04-CR-180(8)-LY, styled, United States of America v. William Allan Craig III, United States District Court, Western District of Texas, Austin Division. Craig was sentenced to 18 months in the federal penitentiary to be followed by five years of supervised release. He was also ordered to pay an assessment in the amount of $100 and restitution in the amount of $3,451,805.02. Mr. Craig did not answer or appear in this disciplinary proceeding. BODA cause number 38740. JAMES JEFFERY
CROOK On November 26, 2002, the Board of Disciplinary Appeals entered an interlocutory order of suspension against El Paso attorney James Jeffery Crook, 64, SBOT Card No. 05111000. On or about August 9, 2002, Crook was found guilty of barratry, an intentional crime as defined in the Texas Rules of Disciplinary Procedure, in Cause No. 20010D03480, styled, The State of Texas v. James Crook, in the 383rd District Court of El Paso County, Texas. Crook was sentenced to ten years confinement in the Texas Department of Criminal Justice. The court suspended the sentence and placed Crook on adult probation for seven years. Crook has appealed the conviction. In the event that the conviction becomes final, Crook will be disbarred from the practice of law. Crook appealed this matter to the Texas Supreme Court; cause no. 02-1174. The Texas Supreme Court affirmed the interlocutory suspension without opinion on July 24, 2003. Click here to see the Supreme Court docket sheet. LEONARD A. CRUSE On March 21, 2006, the Board of Disciplinary Appeals dismissed for want of prosecution the appeal of League City attorney Leonard A. Cruse, 64, SBOT Card No. 05188000, of a default judgment of disbarment issued by the Evidentiary Panel for the State Bar of Texas District 4E09 grievance committee in Case No. H0050417653. The Board found that Cruse did not file a brief. The Board issued an Order to Show Cause to Cruse on January 27, 2006, giving him 30 days to respond and show cause as to why this appeal should not be dismissed for want of prosecution. Cruse did not respond. JON D. CURRY On March 28, 2007, the Board of Disciplinary Appeals signed a judgment of suspension against Bandera attorney Jon D. Curry, 51, Texas Bar Card No. 05272300. On or about June 5, 2006, Curry pled nolo contendere to Burglary of a Habitation in violation of Texas Penal Code §30.02, an Intentional Crime as defined in the Texas Rules of Disciplinary Procedure in Cause No. 007-1664-04, styled, The State of Texas v. Jon David Curry, in the 7 th Judicial District Court of Smith County, Texas. Curry was placed on deferred adjudication probation for a period of five years, beginning on June 5, 2006. He was also ordered to pay court costs in the amount of $263.00. Curry is suspended during the term of his deferred adjudication as originally assessed, that is, until June 4, 2011. NELSON F.
CUTTER On May 21, 2002, the Board of Disciplinary Appeals dismissed for want of prosecution the appeal by Thousand Oaks, California attorney, Nelson F. Cutter, SBOT Card No. 05300015, of an order of suspension issued by the State Bar of Texas District 17A evidentiary panel on September 20, 2001, in cause numbers F3029902148, F3030002459, F3090002607. |
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