What is a "classification appeal"?  All grievances filed with the State Bar are screened and classified as either an “inquiry” (dismissed) or a “complaint” (upgraded for investigation and further proceedings). An appeal of that classification decision is called a “classification appeal.”

Who may file a classification appeal? A complainant (person who filed the grievance) may appeal an inquiry classification to BODA. A respondent (the lawyer against whom the grievance was filed) may appeal a complaint classification to BODA. 

Can a decision of a Summary Disposition Panel be appealed? No. There is no appeal from a determination by the Summary Disposition Panel that the complaint should be dismissed or should proceed.

Can a decision made following an Investigatory Hearing be appealed? No. The Texas Rules of Disciplinary Procedure do not confer appellate jurisdiction on BODA to review determinations by an Investigatory Hearing Panel or actions taken by the Chief Disciplinary Counsel based on an investigatory hearing.

Can a determination of Just Cause be appealed? No. The Texas Rules of Disciplinary Procedure do not confer appellate jurisdiction on BODA to review determinations of Just Cause made by the CDC or findings relating to Just Cause made by an Investigatory Hearing Panel.

How do I file an appeal?  Mail, fax, or email the appeal form you received from the State Bar Chief Disciplinary Counsel’s office to BODA: P.O. Box 12426, Austin, TX 78711; (512) 427- 4366 (Fax); or [email protected]. If submitting by email, a photo of the form will suffice.

Can I appeal if I've lost the appeal form?  Yes. You may appeal by mailing or faxing to BODA a signed letter stating your name, the other party's name, the State Bar case number, and your desire to appeal the classification decision. If you do not have the State Bar case number, you should contact the Chief Disciplinary Counsel’s office for help.

How long do I have to file the appeal? An appeal form or letter must be postmarked or transmitted no later than 30 days from the date you received notification of the decision from the State Bar Chief Disciplinary Counsel’s office. Emailed or faxed appeals are considered filed the same business day if received by 5:00 p.m.

Is there a filing fee? No. There is no cost to appeal a grievance classification decision. How will I know if you receive my appeal?  BODA will send both the complainant and the respondent notice that a classification appeal was received. 

Can I send additional information? No. BODA may not consider documents or other submissions that the complainant or respondent filed with the CDC or BODA after the CDC’s classification. This includes any documents, information, or argument that was not considered by the Chief Disciplinary Counsel’s office when it classified the grievance.

What will BODA consider in deciding the appeal?  BODA will consider the grievance and all supporting documentation, as filed by the complainant and screened by the State Bar Chief Disciplinary Counsel's office. BODA cannot consider any additional information provided by the parties that the CDC did not have when they screened the grievance. This includes any documents, information, or argument provided after the screening decision. BODA cannot do an independent investigation of the allegations in the grievance.

Who actually reviews and decides the appeal?  All classification appeals are randomly assigned to panels composed of three BODA members. This panel along with the Executive Director and the Deputy Director will read the grievance and additional documentation submitted before the CDC made its classification decision. The panel of three BODA members will decide the classification appeal by majority vote. Classification appeals may be referred to the full Board for en banc decision. All classification appeal files are provided to the full Board for review before the panel meets, and provided again after the panel votes. Any BODA member may refer any classification appeal for consideration and decision by the full Board.

How long will it take to get a decision on the appeal?  It generally takes six to eight weeks from the date BODA receives the appeal form. When an appeal is filed, BODA requests a copy of the grievance file from the State Bar. Upon receipt of the grievance file, BODA sets the classification appeal for decision by a panel soon thereafter. After the panel meets and votes, the decision and file are circulated to the full Board, which then has an opportunity to review. Cases referred for decision by the full Board will often remain pending longer, sometimes up to three months. Decision notices are typically sent to all parties about a week after the panel conference.

Can I appeal BODA’s decision on my classification appeal?  No. BODA’s decision on classification appeals is conclusive and final, and not subject to appeal. However, BODA’s decision has no bearing on whether the complainant may file an amended grievance under Texas Rule of Disciplinary Procedure 2.10, or any new grievance.

Can I request more information about how the Board decided my classification appeal? Pursuant to Texas Rule of Disciplinary Procedure 2.16 and BODA’s Internal Procedural Rule 2.02, all Board deliberations are confidential, and all records associated with classification appeals are maintained as confidential and not subject to disclosure. Therefore, BODA staff cannot share any additional information as to the Board’s decision that has not already been provided in the letter notifying you of the Board’s decision.

After BODA decides my appeal, can I file a new grievance? Rule 2.10 of the Texas Rules of Disciplinary Procedure governs whether an amended grievance can be filed. Any questions about amended grievances or new grievances should be directed to the Office of the Chief  Disciplinary Counsel.