NO. 03-0978

   

IN THE

SUPREME COURT

OF TEXAS

   

______________________________

 

IN RE:

JOHN WORLDPEACE

______________________________

 

Re:  Cause No. 2002-42081; Commission for Lawyers Discipline v. John WorldPeace, 269^th District Court

Harris County , Texas

______________________________________________________________________

 

RELATOR’S APPLICATION FOR WRIT OF PROHIBITION/MANDAMUS

______________________________________________________________________

   

                                                                        Filed by: John WorldPeace, Relator

                                                                         John WorldPeace
                                                                        2620 Fountain View  #106  
                                                                        Houston , Texas 77057
                                                                        Tel. 713-784-7618
                                                                        Fax. 713-784-9063
                                                                        TBA# 21872800  

                                                                        Attorney Pro Se

IDENTITY OF PARTIES AND COUNSEL

 

The following is a complete list of all the parties and the names and addresses of all counsel in the underlying lawsuit.  

Relator (Defendant) John WorldPeace  

John WorldPeace

2620 Fountain View  #106 

Houston , Texas 77057

Tel. 713-784-7618

Fax. 713-784-9063

Attorney Pro Se                     

 

Respondent: Honorable Olen Underwood
Judge of the Second Administrative Judicial Region

301 n. Main Street

Suite 201

Conroe , Texas   77301  

Tel:  936-538-8176 

Fax: 936-538-8167

                           

Real Parties in Interest and Parties to the Case.  (Petitioner)
Commission for Lawyer Discipline  

J. G Molleston

State Bar of Texas

1111 Fannin, Suite 1370

Houston , Texas   77002

Tel:  713-759-6931

Fax: 713-752-2158

Attorney for Commission for Lawyer Discipline  

TABLE OF CONTENTS

 

IDENTITIES OF PARTIES AND COUNSEL..............................................................ii

 

TABLE OF CONTENTS..............................................................................................iii

 

INDEX OF AUTHORITIES..........................................................................................iv

 

STATEMENT OF THE CASE.......................................................................................v

 

STATEMENT OF JURISDICTION...............................................................................vi

 

ISSUES PRESENTED...................................................................................................vii

 

ISSUE ONE...............................................................................................................................vii  

Does Rule 3.02 TRDP prohibit the appointment or assignment of a judge, residing in the same Administrative Judicial Region as the Respondent in a disciplinary petition brought by the Commission for Lawyer Discipline, to hear a recusal or any other motion in the underlying lawsuit?  

ISSUE

TWO………………………………………………………………………………….…vii

 

Per Rule 3.02 TRDP, is the Administrative Judge of the Administrative Judicial Region in which the Respondent in a disciplinary petition brought by the Commission for Lawyer Discipline resides, prohibited from hearing a recusal of the judge (appointed by the Supreme Court) in the underlying disciplinary lawsuit or assigning a judge (including himself) to the lawsuit due to the fact that the Administrative Judge resides in the same Administrative Judicial Region as the Respondent?  

STATEMENT OF FACTS ……………………………………………………………….1

 

ARGUMENT……………………………………………………………………………..3

 

PRAYER.........................................................................................................................3

 

AFFIDAVIT OF JOHN WORLDPEACE………………………………………………..5

 

APPENDIX……………………………………………………………………………….7

INDEX OF AUTHORITIES  

A.     CASES  

      There are no cases on this issue.  

B.    STATUTES

            Rule 3.02       Texas Rules of Disciplinary Procedure………….2, 3

 

            Rule 3.14       TEXAS RULES OF DISCIPLINARY PROCEDURE……………2

 

            Rule 18a(g)    Texas Rules of Civil Procedure……………………….3

STATEMENT OF THE CASE  

NATURE OF THE CASE

The underlying case is a disciplinary petition filed by the Commission for Lawyer Discipline against Realtor WorldPeace (Cause No. 2002-42081; Commission for Lawyer Discipline v. John WorldPeace, 269^th District Court).

THE RESPONDENT

The Respondent is Judge Olen Underwood, in his capacity as Judge of the Second Administrative Judicial Region.

RELIEF SOUGHT BY RELATOR

Relator seeks to have this court Prohibit Judge Underwood from presiding over Relator WorldPeace’s MOTION TO RECUSE Judge Fry or assigning a judge who resides in the Second Administrative Judicial District to hear motions in general or RELATOR’S MOTION TO RECUSE Judge Fry in specific.

WorldPeace resides in the Second Administrative Judicial Region and believes that Rule 3.02 Texas Rules of Disciplinary Procedure prohibits a judge from the Second Administrative Judicial Region from presiding in the underlying lawsuit.  

STATEMENT OF JURISDICTION

1)  The Supreme Court has jurisdiction to issue a Writ of Prohibition/Mandamus against a district judge under Section 22.002(a) of the Government Code and Article V. Section 3 of The Texas Constitution.  

            2)  REALTOR’S APPLICATION FOR WRIT OF PROBITITION/MANDAMUS was not first filed in the Appeals court because jurisdiction over disciplinary petitions is with the Supreme Court per Rule 3.02 Texas Rules of Disciplinary Procedure.

ISSUES PRESENTED

ISSUE ONE

Does Rule 3.02 TRDP prohibit the appointment or assignment of a judge, residing in the same Administrative Judicial Region as the Respondent in a disciplinary petition brought by the Commission for Lawyer Discipline, to hear a recusal or any other motion in the underlying lawsuit?  

ISSUE TWO  

Per Rule 3.02 TRDP, is the Administrative Judge of the Administrative Judicial Region in which the Respondent in a disciplinary petition brought by the Commission for Lawyer Discipline resides, prohibited from hearing a recusal of the judge (appointed by the Supreme Court) in the underlying disciplinary lawsuit or assigning a judge (including himself) to the lawsuit due to the fact that the Administrative Judge resides in the same Administrative Judicial Region as the Respondent?

TO THE HONORABLE JUDGES OF THIS COURT:

STATEMENT OF FACTS

On October 7, 2003 , Relator, WorldPeace , the Respondent in the underlying case, filed a MOTION TO RECUSE Judge Fry.  (Ex “A” and RECORD “A”)

On October 8, 2003 , Judge Fry refused to recuse himself.  (Ex “B” and    RECORD “B”)

On October 10, 2003, WorldPeace filed WORLDPEACE OBJECTION TO ADMINISTRATIVE JUDGE UNDERWOOD PRESIDING OVER WORLDPEACE’S MOTION TO RECUSE JUDGE FRY IN THE UNDERLYING LAWSUIT (Ex E”) asking the Supreme Court to assign a judge to hear WorldPeace’s MOTION TO RECUSE.

On October 13, 2003 , Judge Underwood, judge of the Second Administrative Judicial Region set a hearing for October 23, 2003 , on Relator WorldPeace’s MOTION TO RECUSE (Ex “C” and RECORD “C”)

On October 13, 2003 , Judge Underwood assigned himself to hear WorldPeace’s MOTION TO RECUSE.  (Ex “D and RECORD “D”)

Judge Underwood resides in the Second Administrative Judicial Region.

Judge Underwood only has jurisdiction over judges who reside in the Second Administrative Judicial Region.

 Relator WorldPeace resides in the Second Administrative Judicial Region. (WorldPeace Affidavit)

            There is no remedy on appeal because per Rule 3.14 Texas Rules of Disciplinary a Judgment for Disbarment cannot be superseded or stayed (Ex “H” and  RECORD “H”).

ISSUE ONE

Does Rule 3.02 TRDP prohibit the appointment or assignment of a judge, residing in the same Administrative Judicial Region as the Respondent in a disciplinary petition brought by the Commission for Lawyer Discipline, to hear a recusal or any other motion in the underlying lawsuit?

ISSUE TWO  

Per Rule 3.02 TRDP, is the Administrative Judge of the Administrative Judicial Region in which the Respondent in a disciplinary petition brought by the Commission for Lawyer Discipline resides, prohibited from hearing a recusal of the judge (appointed by the Supreme Court) in the underlying disciplinary lawsuit or assigning a judge (including himself) to the lawsuit due to the fact that the Administrative Judge resides in the same Administrative Judicial Region as the Respondent?  

AUTHORITIES

            Rule 3.02 Texas Rules of Disciplinary Procedure.  Assignment of Judge

            The Supreme Court shall promptly appoint an active district judge who does not reside in the Administrative Judicial Region in which the Respondent resides to preside in the case…

 

            The judge appointed shall be subject to recusal under the Rules of Civil Procedure and objection, as provided by law, through a motion filed by either party not later than sixty (60) days from the date the Respondent is served with the Supreme Court’s order appointing the judge, provided that in the event of recusal or valid objection, the Supreme Court shall appoint the replacement judge within thirty (30) day of the order of recusal.

 

            Rule 18a(g) Texas Rules of Civil Procedure.  Recusal or Disqualification of Judges

 

            The Chief Justice of the Supreme Court may also appoint and assign judges in conformity with this rule and pursuant to statute.           

ARGUMENT

Rule 3.02 Texas Rules of Disciplinary Procedure requires that no judge can be assigned to preside over a disciplinary petition filed by the Commission for Lawyer Discipline who resides in the same Administrative Judicial Region as the Respondent.

Relator asserts that this applies to all aspects of the underlying lawsuit in general and Motions to Recuse in specific. 

Therefore, Judge Underwood, judge of the Second Administrative Judicial Region in which WorldPeace resides, cannot assign any judge in the Second Administrative Judicial Region including himself to the underlying lawsuit.

PRAYER

WHEREFORE, premises considered, Relator moves this court to prohibit/mandamus Judge Underwood from assigning any judge including himself from the Second Administrative Judicial Region to the underlying case and for such other and further relief as this court may deem proper.

                                                            Respectfully submitted,

 

 

_______________________________
John WorldPeace
2620 Fountain View, Suite 106
Houston , Texas 77057
Tel. 713-784-7618
Fax. 713-784-9063
TBA No. 21872800

CERTIFICATE OF SERVICE  

            I certify that a true and correct copy of the foregoing pleading was forwarded to opposing counsel and Judge Fry on October 21, 2003 by fax and the Clerk of the Supreme Court of Texas on October 21, 2003 by Express Mail.

                                                                                                                                                                                    
John WorldPeace  

CERTIFICATE OF CONFERENCE  

            Opposing Counsel sent WorldPeace a fax opposing the RELATOR’S APPLICATION FOR WRIT OF PROHIBITION/MANDAMUS.  

____________________________________
                                                                        John WorldPeace

 

NO. 03-0978

 

IN THE SUPREME COURT

OF TEXAS

______________________________

 

IN RE:

JOHN WORLDPEACE

______________________________

 

Re:  Cause No. 2002-42081; Commission for Lawyers Discipline v. John WorldPeace, 269^th District Court

Harris County , Texas

______________________________________________________________________

 

AFFIDAVIT OF JOHN WORLDPEACE, ATTORNEY AT LAW

______________________________________________________________________

STATE OF TEXAS
COUNTY OF HARRIS  

BEFORE ME, the undersigned authority, on this day personally appeared the affiant, John WorldPeace, who being by me first duly sworn, on his oath stated:  

My name is John WorldPeace, I am over 21 years of age, of sound mind, capable of making this affidavit and fully competent to testify to the matters stated herein, have personal knowledge of each of the matters stated herein, and the facts contained in this affidavit are true.           

I reside in Houston , Texas , which is in the Second Administrative Judicial Region.  

The exhibits in the Appendix attached to RELATOR’S APPLICATION FOR WRIT OF PROHIBITION/MANDAMUS and to the PROHIBITION/MANDAMUS RECORD are true and correct copies of the originals.