NO. 2002-42081

DISCIPLINE                                                 §
V.                                                                    §          HARRIS COUNTY, TEXAS
JOHN WORLDPEACE                                §          269TH JUDICIAL DISTRICT



            COMES NOW, WorldPeace and files this RESPONDENT’S RESPONSE TO PETITIONER’S SECOND MOTION FOR NO EVIDENCE SUMMARY JUDGMENT and would show the court the followings.

            In pretrial, the court severed the Respondent, WorldPeace’s mandatory counter claims against Apodaca and Lang.  The court also severed WorldPeace’s mandatory constitutional counter claims against Dawn Miller and J. G. Molleston.  The court made no comment specifically about WorldPeace’s mandatory counter claim for intentional infliction of emotional distress.  The court did however state that it was going to try only the TDRPC Rule violations.

            The trial court did not sign a formal order severing the case but the court did in fact try only the Rule violations.  Since the court did not sign a formal order severing the case, the local rules were not followed in that each of the severed cases were not assigned a new case number.

Harris County local rules for Civil District Courts  3.2.4 Severance. If a severance is granted, the new case will be assigned to the court where the original case pends, bearing the same file date and the same number as the original case with a letter designation;  


            Petitioner’s Motion for No Evidence Summary Judgment is void because it references a case that is in limbo.  According to the court’s pre trial verbal order of severance, cause no. 2002-42081, was tried.  There was no severance order signed by the court and therefore, per the local rules, there was no new case numbers assigned to the severed cases.  Therefore, the summary judgment filed by Petitioner does not relate to any specific cause no. other than the one that has been tried in part.

            WorldPeace has a right to amend his pleadings without leave of court seven days prior to trial per Rule 63 TRCP.  WorldPeace has amended his Answer and Counter Claim but since there is no case number assigned, WorldPeace was forced to file his Seventh amended petition under the only cause number that presently exist in this matter.

            If this matter had been properly severed per the local rules, WorldPeace would have been able to properly sever his Response and Mandatory Counter Claims and file them under the proper severed case no. 

            WorldPeace would show the court that before this matter can proceed any further the court must properly sever the lawsuit per the local rules where each severed part becomes a separate case with a separate cause number.  Without this proper severance, all orders in this lawsuit remain interlocutory and not subject to appeal.

            WorldPeace would show that the court cannot consider summary judgments after the case in chief has been tried. 

            In a word, and with all due respect, the court did not familiarize itself with the local rules and the court in this and in several other areas relied upon the State Bar attorneys to properly guide the court. 

WorldPeace would show the court that his counter claims against the State Bar have to do with the arbitrary application of the law to disciplinary cases.   There is no question but Dawn Miller filed suit on WorldPeace after the statute of limitations ran ten years ago.  There is no question but that the State Bar violated Rules 3.01, 3.02 and 3.03 in adding the additional complaints to this lawsuit.   There is no question but that this lawsuit was improperly severed.

There is no question that the State Bar attorneys are either incompetent or malicious and should be disbarred.



            The case law is significant in relation to mandatory counter claims.  To sever a mandatory counter claim is an abuse of discretion.  (See WorldPeace Motion to Modify Judgment of Disbarment for the relevant case law.)

            Further, mandatory counter claims must be tried with the case in chief.

            If this court severs the mandatory counter claims by order per the local rules, it will be an abuse of discretion.



            No where in his Answer and Counter Claim did WorldPeace allege damages for the violation of his constitutional rights. 

            WorldPeace stated that the only solution to these violations was to disband the grievance process and allow individuals to sue attorneys directly under TDRPC causes of action.  That plea was a plea for injunctive relief and injunctive relief can be awarded in constitutional causes of action.

            “Jones is not inconsistent with our holding today to the extent Jones is understood as approving suits for injunctive relief.”

            City of Beaumont v. Bouillion, 896 SW2d 143 (Tex. 1995)


            “In Bouillion, the Texas Supreme Court held that the Texas Constitution does not create a private right of action for money damages, but that this rules does not preclude plaintiffs from seeking “equitable” relief for violations of their constitutional rights.”

            O’Bryant v. City of Midland, 949 SW2d 406 (Tex.App.- Austin, 1997)


            “However, suits brought pursuant to constitutional provisions are limited to equitable relief and do not allow a claim for monetary damages except to the extent specifically enunciated in the constitutional provision.”

            Nueces County v. Ferguson, 97 SW3d 205 (Tex.App – Corpus Christi, 2003)


            Mr. Molleston has based his entire Motion for No Evidence Summary Judgment on a damages cause of action.  There was no such demand and therefore the Commission’s motion is irrelevant.  Molleston states in Section B that the only award is one for damages and ignores the equity remedies that are allowed for constitutional violations of individual rights.

            Mr. Molleston did not plead that there was no evidence of the elements of a cause of action for injunctive relief.

            In regards to WorldPeace’s Intentional Infliction of Emotional Distress cause of action, the court did not determine whether it was to be tried as a case by itself or to be tried with the constitutional issues or the Apodaca or the Lang counter claims.  Therefore, it is not a proper subject for summary judgment at this time under the original case number.

`           WorldPeace has a right to know which causes of action are grouped together and which are not.  Since there is no order by the court on this issue per the local rules, the Intentional Infliction cause of action is not properly before this court.


            In its motion for no evidence summary judgment, the Commission did not state the necessary elements for a cause of action for a violation of ones due process rights, violation of ones religious freedom rights, violation of ones equal protection rights, violations of ones right against self incrimination.

            Therefore, the Commission has not satisfied the requirements of Rule 166a(i) in its pleading regarding stating the elements to which there is no evidence.

            The Commission has tried to rename the facts alleged by WorldPeace in his counter petition as elements.  Facts are not elements.  Facts support elements.   Mr. Molleston is required to list the elements of each constitutional cause of action and plead that there is no evidence to support those elements.  Mr. Molleston has not pled a single element that relates to either due process, equal protection, self incrimination or religious freedom.  All he has done is to controvert with unsworn testimony the facts alleged by WorldPeace. 

            Mr. Molleston seems to be saying that whatever the elements are, I controvert all the facts alleged by WorldPeace.  Consequently, Mr. Molleston’s Motion for No Evidence Summary Judgment is defective because it is not consistent with the requirements of Rule 166a(i).

            Out of an abundance of caution, WorldPeace has attached a sworn affidavit that supports the facts alleged in his Seventh Amended Answer and Counter Claim.

            Mr. Molleston did not plead that there was no evidence of the elements of a cause of action for injunctive relief.


            Due to the confusion regarding the severance of this lawsuit, WorldPeace has submitted a bare bones Seventh Amended Petition which adds a specific plea for injunctive relief.  WorldPeace cannot properly sever his Answer and Counter Claim because there is no severance of the case into different cases per the local rules.  Therefore, for now, the entire case must be plead under one cause of action.  When the severance order is signed, WorldPeace will properly sever his answer and mandatory counter claims.


            WorldPeace would show the court that the State Bar attorneys are incompetent to try any lawsuit, that they have lied to the court, that they have refused to abide by the Rules of Disciplinary Procedure and the Rules of Civil Procedure, they have obstructed discovery, they have submitted a clearly wrong Judgment for Disbarment, and they have violated numerous TDRPC Rules for which they should be individually disbarred.

            This is in addition to the underlying violations of WorldPeace constitutional rights by the State Bar attorneys in the pre-litigation grievance process.

            As further evidence, WorldPeace would submit the defective Rule 166a(i) Motion for No Evidence Summary Judgment filed by the Commission.


            Wherefore, premises considered, WorldPeace prays this court to deny the Commission’s Motion for No Evidence Summary Judgment and for such other and further relief at law or in equity as this court deems proper.

                                                                          Respectfully submitted,



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


             I certify that a true and correct copy of the foregoing pleading was forwarded to opposing counsel on July 21, 2003.

                                                                         John WorldPeace

NO. 2002-42081

DISCIPLINE                                                 §
V.                                                                    §          HARRIS COUNTY, TEXAS
JOHN WORLDPEACE                                §          269TH JUDICIAL DISTRICT


 STATE OF TEXAS                S


BEFORE ME, the undersigned authority, on this day personally appeared John WorldPeace, who being by me first duly sworn, on his oath did depose and state as follows:

         "My name is John WorldPeace.  I am over the age of eighteen years, have never been convicted of a felony or crime of moral turpitude, and am competent to make this affidavit.  I am duly authorized and qualified to make this affidavit.  I have personal knowledge of the facts stated herein, and they are true and correct.

         The fact that the State Bar submitted parts of my web page to me in response to discovery is evidence that they intended to use said evidence at trial and is evidence that they violated my rights of religious freedom.  It is a fact question for the jury as to why the evidence was submitted to WorldPeace.  

WorldPeace created a Bill of Exception at trial which proved that the State Bar was manipulating the committees which investigated the grievances against him because the majority of the grievances went to the same committee.   Further, Alan Levine, a member of that committee is Jewish and was offended by WorldPeace’s statements regarding his article on Ariel Sharon on his web page. 

Further, in the Nash grievance video, Levine was heard to say that she could go out the door and hire any number of legitimate attorneys.  The reference is that WorldPeace is not a legitimate attorney and shows an additional bias against WorldPeace that was known by the State Bar.  This is a fact question for the jury. 

Further, as a Bill of Exception, WorldPeace proved that his grievance for an undeniable violation by McNab Miller of the confidentiality rule was dismissed by the State Bar. 

Further, Collins admitted violating the confidentiality rule at trial is not an attorney and so there is not remedy against Collins for the violation and yet WorldPeace can be disbarred for the same.  This is a violation of WorldPeace rights of equal protection. 

WorldPeace would also show the court that he filed a grievance on J. G. Molleston for lying to this court about adding other complaints to an existing lawsuit and not filing them with the Clerk of the Supreme Court  and other undeniable TDRPC violations and the complaint was dismissed by the State Bar because Molleston works for the State Bar. 

There is no question but that the State Bar attorneys violated Rule 3.01 of the TRDP by not filing the additional five complaints added to this lawsuit with the clerk of the Supreme Court.  This violated WorldPeace rights to due process. 

It is a fact that Dawn Miller, attorney for the State Bar in this lawsuit, filed suit against WorldPeace ten years ago after the statute of limitations had run.  There is evidence that Dawn Miller’s actions against WorldPeace in the grievance process such as violating Rule 3.01 TRDP is the same as her violation of the statute of limitations ten years ago. 

It is a fact that the grievance filed by John Lynch was frivolous in that he never paid WorldPeace to take his case and the jury did not find against WorldPeace. 

There is no question but that WorldPeace was disbarred for invoking his rights against self incrimination under the Texas and U S Constitutions.  There  is no question but the State Bar Rules attempt to deny an attorney of his right against self-incrimination. 

There is no question but that WorldPeace was offered private and public reprimands in the Apodaca, Lynch and Collins grievances and when WorldPeace refused those offers suit was filed against WorldPeace which was a substantive public reprimand.  Therefore, the offers were coercive and unconstitutional violation of WorldPeace due process rights.  

There is evidence that the Rule violations for which the court signed a Judgment for Disbarment stated that WorldPeace was disbarred for each violation of the Rules.  This punishment was arbitrary and abusive: not considering the fact that the court did not find that in its judgment against WorldPeace at trial but it was added by Molleston.  

There was evidence at trial that the State Bar did not incur any attorney fees outside its staff attorneys who were not hired to specifically proceed against WorldPeace and therefore no attorney fees were incurred by the State Bar.  Further, J G Molleston further testified that he is paid $27 per hour by the State Bar which is less than the $150 pled by Molleston as attorney fees which is a violation of the TDRPC in that Molleston lied to the court. 

There is evidence that the State Bar did not put on expert testimony to prove what a reasonably prudent attorney would have done. 

There is evidence that the grievance process is arbitrary and the case law in this state indicates that an attorney has no due process rights in the grievance process prior to the State Bar filing suit and yet an attorney does have due process rights if he elects an evidentiary hearing as opposed to a trial de novo.  The grievance process either affords due process rights or it does not.  It is a violation of WorldPeace due process rights when the grievance process is subject to due process or not depending on WorldPeace election regarding a trial de novo or evidential hearing after the fact that an investigatory hearing has taken place.  In other words, rights exist or do not exist retroactively. 

There is evidence that the State Bar prosecuted WorldPeace on the Colllins matter when the matter was barred by res judicata. 

There is evidence that the State Bar sued for damages on behalf of WorldPeace ex-clients and these clients were awarded restitution when there were no trust monies proved to be owed to any complainant except Collins. 

There is a violation of WorldPeace constitutional rights in that a non attorney is determining whether or not a grievance should be dismissed or classified as a complaint by way of the testimony of Robert Mapes at trial. 

My rights to religious freedom, my rights against self-incrimination, my rights to due process and equal protection under the law have been violated as evidenced by the above facts which are all supported by the trial record. 

There is more than a scintilla of evidence on each of these violations. 

There is no question but that Dawn Miller has a pattern and practice of violating the law in filing suit against WorldPeace.  She violated the statute of limitations and now she has violated Rule 3.01 of the TRDP.

 Further affiant sayeth not."

                                                                            John WorldPeace


SUBSCRIBED AND SWORN TO BEFORE ME on this ____ day of _________, 2003.

                                                                        NOTARY PUBLIC IN AND FOR THE
                                                                        STATE OF TEXAS


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