Charles Ben Howell v. State Bar of Texas

VAN GRAAFEILAND, Circuit Judge:

Charles Ben Howell appeals from a judgment of the United States District Court for the Northern District of Texas (Porter, J.) upholding the facial constitutionality of the disciplinary scheme for attorneys promulgated by the Texas Supreme Court, specifically Disciplinary Rule (DR) 1-102(A)(5). We affirm.

Recitals of the facts giving rise to this much-protracted litigation may be found in Howell v. State Bar of Texas, 674 F.2d 1027, 1028-29 (5th Cir.1982) (Howell I), vacated, 460 U.S. 1065, 103 S.Ct. 1515, 75 L.Ed.2d 942 (1983), Howell v. State, 559 S.W.2d 432…