Commission for Lawyer Discipline v. John WorldPeace
 WorldPeace’s Transcription of Trial 1 Tape from April 14, 2003

7:37      Molleston  

            Your honor I placed on the bench this morning the Diaz case and the Weiss case which are the seminal cases on this issue.  Neither of those cases is directly on point.  Neither involves additional complainants that had cases voted out by the grievance committees.  However, both stand for the proposition that the Commission has the right under Rule 51 of the Rules of Civil Procedure to add any claims that it may have against the Respondent.  So I think what we are talking about here really is another severance and consolidation issue, we heard the severance motion back in I believe December, Mr. WorldPeace’s Severance Motion.  ( 8:24 )  We don’t have a case directly on point but this is the way we have done it during the six years I have been with the State Bar and with new cases that get to the court election phase.  And so I will say I think it is a discretionary matter with the court like any severance or consolidation issue and certainly the petitioner is comfortable with this issue on appeal should Mr. WorldPeace be required to object.

15:12    Fry  

            Let me ask a question.  Mr. Molleston, you indicated that none of these cases are directly on point, you said that there was a section of the rules that would allow you to add additional matters, where is that?  

15:22    Molleston  

            That is Rule 51 of the Civil Procedure Rules.  Your honor, I think the real question is whether Rule 3.01 that says that we are to send the petition to the Supreme Court is in conflict with 3.08(b) which says except by varied by these rules the Texas Rules of Civil Procedure apply.  In other words if Rule 3.01 constitutes a direct alteration of the Rules of Civil Procedure then Mr. WorldPeace has got a good argument, but if it doesn’t, and we don’t think it does, related primarily to these cases that we have shown you and then also the policy, your are talking about delays in the cases your talking about potentially requiring six judges to hear a case that one could have heard your talking about burdening those judges to leave their dockets and come down hear and hear this case.  I think that the question of the law judge, whether 3.01 varies the Rules of Civil Procedure and our argument is that it doesn’t.


17:48    Fry  

            Counsel what seems to be the question is once you have a petition filed is can you amend that petition and honestly the Rules of Civil Procedure apply you can, you can join other complainants and remedies and so I am going to over rule the motion to the plea to the jurisdiction.

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