Legal Opinion · Dissent

In Re Caballero

Texas Supreme Court

Decided December 19, 2008No. 07-0484Published

1Dissent

*602Justice WILLETT, joined by Justice MEDINA,

dissenting.

Like the Court, I would attempt to harmonize Rules 8.05 and 8.06 of the Rules of Disciplinary Procedure and give meaning to each.1 However, the Court sees discretion where I see only mandatory options for discipline. Because I believe the Court’s attempt to harmonize the relevant rules and rulings strikes a discordant note, I respectfully dissent.

The parties do not dispute that the compulsory discipline rules apply. Rule 8.05, titled “Disbarment,” provides that the Board of Disciplinary Appeals (BODA) “shall” disbar an attorney who is…

2Cases cited6 opinions

  1. Helena Chemical Co. v. WilkinsTexas Supreme Court · 2001
  2. Elledge v. Friberg-Cooper Water Supply Corp.Texas Supreme Court · 2007
  3. In Re General Electric Co.Texas Supreme Court · 2008
  4. Matter of AmentTexas Supreme Court · 1994
  5. In Re of LockTexas Supreme Court · 2001

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