Smith v. O'Neill

In this original proceeding, Relator Jeff F. Smith (“Smith”) seeks a writ of mandamus directing the trial judge to hear evidence and rule upon Smith’s First Amended Motion to Reinstate Probation and to Dissolve Injunction. Pursuant to Rule 122 of the Texas Rules of Appellate Procedure, without hearing oral argument, a majority of the court conditionally grants the writ of mandamus.

In 1987, the State Bar of Texas (“State Bar”) filed a disciplinary action against Smith for professional misconduct. In May 1988, Smith and the State Bar entered into an Agreed Judgment in which they agreed that…