Commission for Lawyer Discipline v. John WorldPeace

WorldPeace’s Transcription of Trial Bill of Exception # 2 from April 15, 2003

030415 Trial Tape 15

3:08

WorldPeace                 The grievances that I have received from the State Bar generally have a list and I am going to show you right now what is marked as Mapes exhibit 7 this is a letter from you to me to appear at a grievance hearing, is that what that is?  

Mapes                          Yes.  

WorldPeace                 And attached, and as you stated the other day, most of those forms are, the letters that you sent are pre-approved forms from Austin .  

Mapes                          Yes.

WorldPeace                 Ok.  Now, as a matter of course.  When you send that letter do you not send another document that shows which committee, which panel of eight people, whatever it is, are going to be assigned to my grievance?  

Mapes                          I believe so.  That that document is sent.  

WorldPeace                 Do you see that in that particular one?  

Molleston                     I haven’t seen these exhibits  

WorldPeace                 Well let me, let me just give you the list of these, and I’ll, you can look at them while I am speaking.  

Mapes                          Yes.  I see it.  

WorldPeace                 Ok and do you see another document, behind that one, with like one hundred people’s name on it?  

Mapes                          Yes. I do.  

WorldPeace                 And is the reason for sending that to give the attorney an opportunity to object to any particular member of that committee?  

Mapes                          That’s my understanding.  

WorldPeace                 Ok.  And that is pretty much the same format that you are looking at on that particular grievance that is sent out on any notification that a, an attorney needs to show up for a grievance hearing?

Mapes                          That’s my understanding.  

WorldPeace                 Ok, well that’s.  When you say that’s your understanding.  Your the one that says that this is going forward.  You’re the one that gives it to the Administrative Secretary.

Mapes                          That is correct.  

WorldPeace                 And you know that the letter that she is to type with your signature to the attorney.

Mapes                          That is the letter she is supposed to type.  

WorldPeace                 Ok.  As far as you know have they ever sent out anything else?  

Mapes                          Not to my knowledge.  

WorldPeace                 Ok.  Now you stated the other day that the ad sec assigns these committees, is that correct?  

Mapes                          That is correct.  

WorldPeace                 I’m going to show you what is marked as Mapes exhibit 3 and on that is a list of all grievances that have been filed against me, the grievances that we are presently in trial on as well as five additional grievances, do you see that?  

Mapes                          Yes.  

WorldPeace                 Do you see that, that is a short hand rendition of all of those grievances?  

Mapes                          I see that.

WorldPeace                 Now, Mr. Mapes when you look at that document you see down here that I have a category of panel 4I26, panel 4I25, panel 4C07, panel 4C09.  Is it a true statement that your panels assigned to you are panels C and I? 

Mapes                          That’s correct.

WorldPeace                 Ok.  And both panel I and panel C have three, and this is when I was confused about the terminology, the panel has, each panel, the I panel has three committees, in this case I has committee 25, 26, and 27.

Mapes                          The correct terminology is, it is there is, there is the 4 I is a committee which consists of three committees.

WorldPeace                 Ok.  So, four is the district?

Mapes                          Four, yes.

23:00   

WorldPeace                 You testified the other day that the Texas Disciplinary Rules of Professional Conduct are the rules that you specifically are charged with enforcing regarding classifying a complaint, correct?

Mapes                          That is correct.

WorldPeace                 And so you’re familiar with the section that I just pointed out to you?

Mapes                          The Preamble is not something that the investigators are involved with or are instructed to be involved with.  They are instructed to be involved with only the rules.  The specific numbers of the rules.

WorldPeace                 Ok.  There is a global statement regarding the application of these rules and Rule 12…

Molleston                     Objection.  If he wants the court to consider that then _____ to produce the rules.  He doesn’t need to question this witness about that.  

WorldPeace                 Your honor.

Judge Fry                     I was going to say. What is ______?  

WorldPeace                 Your honor.  Mr. Mapes, first off this is a confidential sealed proceeding, I understand the rules of court regarding the presentation of evidence in the trial in chief.  However, after looking at the nature of this hearing provides a little more latitude and presentation of the ____ evidence.  But more particularly these preambles to the rules state clearly in section 11 that they are part of a larger context and if Mr. Mapes is saying that he does not need to consider that larger context body of law then and all he needs to do is go to the rules it means that he’s not mandated to even look at the preamble, the fact that there has to be a contractual relationship between a client and attorney, the fact that the larger scope of rules of law need to be considered and so forth and those global mandates seem to me to be gates that he has to pass through to get to the rules.

Judge Fry                     Well, counsel.  I’m, all of this is argument.  This court has already considered that the attorney in question has _________.  I’ll sustain the objection.

WorldPeace                 Ok, so Mr. Mapes, your testimony is that all you concern yourself with is the body of the rules?

Mapes                          That is correct.

WorldPeace                 Ok.

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