John Doe v. Board of Directors of the State Bar of Texas Commission for Lawyer Discipline And Linda Acevedo, in Her Official Capacity as the Chief Disciplinary Counsel of the State Bar of Texas ( 2015 )

ACCEPTED 03-15-00007-CV 5271285 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/13/2015 3:17:59 PM JEFFREY D. KYLE CLERK No. 03-15-00007-CV _______________ FILED IN 3rd COURT OF APPEALS In the Court of Appeals AUSTIN, TEXAS Third District of Texas 5/13/2015 3:17:59 PM JEFFREY D. KYLE Austin, Texas Clerk _______________ JOHN DOE, APPELLANT V. BOARD OF DIRECTORS OF THE STATE BAR OF TEXAS, COMMISSION FOR LAWYER DISCIPLINE, AND LINDA ACEVEDO IN HER OFFICIAL CAPACITY AS THE CHIEF DISCIPLINARY COUNSEL OF THE STATE BAR OF TEXAS, APPELLEES _______________ Appealed from the 126th District Court Of Travis County, Texas Honorable Scott Jenkins, Judge Presiding _______________ APPELLEES’ UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED BRIEF _______________ LINDA A. ACEVEDO CYNTHIA CANFIELD HAMILTON CHIEF DISCIPLINARY COUNSEL SENIOR APPELLATE COUNSEL LAURA BAYOUTH POPPS OFFICE OF THE CHIEF DISCIPLINARY DEPUTY COUNSEL FOR ADMINISTRATION COUNSEL STATE BAR OF TEXAS P.O. BOX 12487 AUSTIN, TEXAS 78711-2487 512.427.1350; 1.877.953.5535 FAX: 512.427.4167 No. 03-15-00007-CV _______________ In the Court of Appeals Third District of Texas Austin, Texas _______________ JOHN DOE, APPELLANT V. BOARD OF DIRECTORS OF THE STATE BAR OF TEXAS, COMMISSION FOR LAWYER DISCIPLINE, AND LINDA ACEVEDO IN HER OFFICIAL CAPACITY AS THE CHIEF DISCIPLINARY COUNSEL OF THE STATE BAR OF TEXAS, APPELLEES _______________ Appealed from the 126th District Court Of Travis County, Texas Honorable Scott Jenkins, Judge Presiding _______________ APPELLEES’ UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED BRIEF _______________ TO THE HONORABLE COURT OF APPEALS: Appellees, the Board of Directors of the State Bar of Texas, the Commission for Lawyer Discipline, and Linda Acevedo in her official capacity as the Chief Disciplinary Counsel of the State Bar of Texas, asks the Court, under the authority of Rule 38.7 of the Texas Rules of Appellate Procedure, for leave to file an amended brief in this matter. I. The Commission filed its brief on May 11, 2015. An amended brief is being filed at the same time as the instant motion. The Commission seeks to file an amended brief because the amended version has been edited for clarity and readability. No new cases or authorities have been added. The amending of Appellees’ brief will prevent confusion and thereby aid the Court in resolving this matter appropriately. Appellant does not oppose this motion. III. For these reasons, Appellees asks the Court to grant permission for leave to file an amended brief. RESPECTFULLY SUBMITTED: LINDA A. ACEVEDO CHIEF DISCIPLINARY COUNSEL LAURA BAYOUTH POPPS DEPUTY COUNSEL FOR ADMINISTRATION CYNTHIA CANFIELD HAMILTON SENIOR APPELLATE COUNSEL OFFICE OF THE CHIEF DISCIPLINARY COUNSEL P.O. BOX 12487 AUSTIN, TEXAS 78711-2487 512.427.1350; 1.877.953.5535 FAX: 512.427.4167 /s/ Cynthia Canfield Hamilton CYNTHIA CANFIELD HAMILTON SENIOR APPELLATE COUNSEL STATE BAR OF TEXAS STATE BAR CARD NO. 00790419 ATTORNEYS FOR APPELLEES CERTIFICATE OF CONFERENCE This is to certify that the undersigned attorney spoke with one of Appellant’s attorneys of record, Jennifer Jasper, by phone on May 13, 2015, regarding this motion. Ms. Jasper indicated that Appellant does not oppose the motion. /s/ Cynthia Canfield Hamilton CYNTHIA CANFIELD HAMILTON SENIOR APPELLATE COUNSEL STATE BAR OF TEXAS CERTIFICATE OF SERVICE This is to certify that the above and foregoing Unopposed Motion for Leave to File Amended Brief of the Board of Directors of the State Bar of Texas, Commission for Lawyer Discipline, and Linda Acevedo, in her capacity as the Chief Disciplinary Counsel of the State Bar of Texas, has been served on Appellant, John Doe, by and through his attorneys of record, Mr. Gaines West, Ms. Jennifer Jasper, and Mr. Rob George, West Webb, Allbritton & Gentry, by electronic service through this Court’s electronic filing service provider on the 13th day of May 2015. /s/ Cynthia Canfield Hamilton CYNTHIA CANFIELD HAMILTON SENIOR APPELLATE COUNSEL STATE BAR OF TEXAS