What are original proceedings before BODA? In some disciplinary cases, BODA sits as a trial court, hearing and deciding cases upon the evidence presented by the parties. Original proceedings before BODA include compulsory discipline, reciprocal discipline, and probation revocation cases.

What rules apply? Parties to a case before BODA should carefully review the Texas Rules of Disciplinary Procedure and the BODA Internal Procedural Rules. As stated in BODA IPR 1.03, the Texas Rules of Civil Procedure, Texas Rules of Appellate Procedure, and Texas Rules of Evidence also apply to the extent applicable and except as varied by the TRDP and the BODA IPR. 

How do I file pleadings? Pleadings are to be filed with the BODA Clerk. Pleadings should be emailed to [email protected], copying opposing counsel. For good cause, upon request, BODA may permit a party to file documents in paper form in a particular case.

When is my answer due? In a reciprocal discipline matter, the Respondent’s answer is due 30 days from the date the Order to Show Cause is served on the Respondent. If the Respondent is served by mail, then the answer is due 30 days from the date the Order to Show Cause is mailed. In compulsory discipline and probation revocation cases, the rules do not set a specific deadline for an answer. The Respondent therefore may file an answer at any time, except where expressly provided otherwise by rule or when an answer date has been set by prior order of BODA. BODA may, but is not required to, consider an answer filed the day of the hearing. However, the Board requests that all Respondents in compulsory discipline and probation revocation cases file responsive pleadings at least 14 days prior to the date of the hearing, so the Board may adequately prepare for issues that may be raised at the hearing. For example, in compulsory discipline cases where BODA has discretion to suspend or disbar, a responsive pleading setting forth the basis for an argument for suspension is helpful to the Board. 

Does there have to be a hearing? BODA hears most cases through in-person hearings. BODA staff will send a hearing confirmation form approximately two weeks before any scheduled hearing. On this form, the parties can indicate how many witnesses they intend to call and how much time they request to present their case. The Board uses this information to plan and prepare accordingly. The form also permits the parties to indicate that they wish to waive their right to appear at a live hearing. The Board may elect to hear a matter on submission of the pleadings, based on a request from the parties or on its own initiative. Further, BODA reserves the right to hear any matter by remote connection, or by a panel, at the discretion of the BODA Chair.

When will my hearing take place? The Board typically conducts in-person hearings quarterly, at settings near the end of January, April, July, and October. These hearings are typically held in the courtroom of the Supreme Court of Texas. A notice of hearing will be contained in the petition that will include the date, time, and location of the hearing.

Can I request a continuance? Yes. Please consult BODA Internal Procedural Rule 1.09(a) for the requirements for a motion to extend time. In reciprocal discipline cases, a request to extend the answer deadline shall be made separately from a request to continue the hearing. The Board requests that any motions for continuance be filed no less than seven days prior to the date of the hearing.

Can I appear by remote connection? The Board sets most proceedings for in-person hearings. Currently, technology issues in the courtroom of the Supreme Court of Texas generally prevent BODA from accommodating requests for remote participation in hearings. However, a party may contact BODA staff with any questions about hearing participation. A party may file a motion requesting that a proceeding be conducted via remote connection. It is within the discretion of the BODA Chair to elect to conduct a proceeding remotely. If granted, a hearing by remote connection will often be decided by a panel of three BODA members, as assigned by the BODA Chair.

Who will decide my case? Most proceedings are determined by the full Board sitting en banc. However, the BODA Chair may assign any matter or motion to be decided by a panel of the Board. 

How do I present evidence and witness testimony during the hearing? The parties will have the opportunity to offer exhibits and elicit witness testimony during the hearing. The parties should consult the Instructions and Admonishments for BODA Hearings (available on the Hearing Protocols page of our website) for more information about the conduct and procedures for hearings before BODA. 

When/how do I notify the Board and other side of my anticipated witnesses and exhibits? BODA staff will send a hearing confirmation form approximately two weeks before any scheduled hearing, seeking information about the number of anticipated witnesses. Further, per the Board’s Instructions and Admonishments for BODA Hearings, to help trials go smoothly, the Board requests that each party submit potential documentary exhibits in digital form, in advance of the hearing. The files should be in PDF format for documents. The Board also requests that any party intending to call witnesses file a witness list in advance of the hearing. The Board requests that these documents be filed no later than 7 days before the hearing date. Parties should consult the Instructions and Admonishments available on the Hearing Protocols page of our website.

Do I have the option to resign from the State Bar instead? Yes. Please consult Part X of the Texas Rules of Disciplinary Procedure for the relevant provisions regarding resignation in lieu of discipline. You may also wish to contact the Chief Disciplinary Counsel lawyer, as they are familiar with the process.

Can I appeal BODA’s decision? Yes. A final decision by BODA may be appealed to the Supreme Court of Texas. The appealing party must file a notice of appeal with the clerk of the Supreme Court of Texas within 14 days of receiving notice of BODA’s decision. There is no fee for the appeal.