Omar Weaver Rosales v. Commission for Lawyer Discipline ( 2020 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-18-00725-CV
Omar Weaver Rosales, Appellant
v.
Commission for Lawyer Discipline, Appellee
FROM THE 201ST DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-GN-18-002039, THE HONORABLE BRANDON BIRMINGHAM, JUDGE PRESIDING
CONCURRING OPINION
For the reasons I expressed in Rosales I, I cannot join the majority’s reasoning
that an enforcement proceeding against a lawyer under the Disciplinary Rules of Professional
Conduct is subject to the Texas Citizens Participation Act (TCPA). Commission for Lawyer
Discipline v. Rosales, 577 S.W.3d 305, 319-22 (Tex. App.—Austin 2019, pet. denied) (Kelly, J.,
concurring). As I said in Rosales I, that opinion will encourage attorneys who face credible
accusations of misconduct to file TCPA motions to further delay the disciplinary process while
they continue their unrestricted practice of law in Texas. Id. (explaining three levels of review
by Chief Disciplinary Counsel and Board of Disciplinary Appeals before suit is filed in district
court). While the Legislature amended the TCPA to expressly exempt these types of actions,
there are disciplinary actions pending, such as this one, unaffected by this statutory change. See
supra at n.1.
I concur in the Court’s judgment, but not the majority’s reasoning.
__________________________________________
Chari L. Kelly, Justice
Before Chief Justice Rose, Justices Kelly and Smith
Filed: April 22, 2020
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