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NO.
03-1069
03-1070, 03-1079, 03-1082, 03-1083, 03-1084. 03-1117, 03-1139
IN
THE
SUPREME
COURT
OF
______________________________
JOHN
WORLDPEACE
______________________________
__________________________________________________________________
COMMISSION FOR LAWYER DISCIPLINE’S
RESPONSE TO WORLDPEACE’S
MOTION FOR REHEARING
REGARDING RESTITUTION
AND
THE
Filed
by: John WorldPeace, Relator
John WorldPeace
2620 Fountainview,
Tel. 713-784-7618
Fax. 713-784-9063
TBA# 21872800
Attorney Pro Se
TO THE HONORABLE JUSTICES OF THIS
COURT
COMES NOW, WorldPeace and files this RELATOR’S REPLY TO COMMISSION FOR
LAWYER DICIPLINE’S RESPONSE TO WORLDPEACE’S MOTION FOR REHEARING REGARDING
RESTITUTION AND THE TEXAS DISCIPLINARY
RULES OF PROFESIONAL CONDUCT and would show the court the following:
1) Ms. Acevedo fails to mention
that the Fourteenth Court of Appeals requested the Commission for Lawyer
Discipline to file a response to WorldPeace’s Motion to Dismiss the Appeal for
Want of Jurisdiction because the Judgment for Disbarment is interlocutory.
Ms. Acevedo filed the response.
2) The following “grounds” for a rehearing are not inappropriate and
they are not irrelevant. Global
positions are just as valid as specific positions.
a) WorldPeace’s attacks on the TRDP are not vague as they are supported
by twelve Applications for Writs of Mandamus filed with this court.
b) This court promulgated the TRDP and it is therefore incumbent on this
court to “enforce, modify, clarify or vacate” the TDRP.
Ms. Acevedo seems to indicate that some other legal body should determine
the validity of the TRDP.
3) To date, this Court has not denied any of WorldPeace’s Application
for Writ of Mandamus on the merits.
4) Rule 4.06A TRAP undeniably puts the Commission for Lawyer Discipline
and Collins in privity with each other. Without
privity, the Commission for Lawyer Discipline would have no standing to
sue WorldPeace.
5) Contrary to Ms. Acevedo’s pleadings, the Commission for Lawyer
Discipline was a party in the WorldPeace
v. Collins lawsuit. WorldPeace
filed a Motion to Dismiss, Motion to Disqualify Dawn Miller, Motion to
Consolidate, Motion to Show Authority and the Commission for Lawyer Discipline
appeared and responded to all these motions and filed a Motion for Protection
and a Plea to the Jurisdiction. The
Plea to the Jurisdiction was never granted by the trial court and a final
judgment was signed on
It is therefore wrong for Ms. Acevedo to assert that the Commission for
Lawyer Discipline was not a party to the Collins lawsuit.
(Further, that case was appealed to the First Court of Appeals who
dismissed the appeal for want of prosecution.
WorldPeace will file a Writ of Mandamus in that matter as well as a
Petition for Review in this court. This
will further show this court the problems of severing mandatory counterclaims in
disciplinary matters.)
Contrary to Ms. Acevedo’s statement, the Commission for Lawyer
Discipline had an opportunity to litigate its disciplinary allegations in the
malpractice action but chose not to do so to its detriment.
6) Collins was in fact made a party to the disciplinary action through
WorldPeace’s mandatory counterclaim in the disciplinary action.
The counterclaim was never adjudicated and is the reason WorldPeace
asserts that the Judgment for Disbarment is interlocutory and why the Fourteenth
Court of Appeals requested a response from the Commission for Lawyer Discipline
to WorldPeace’s Motion to Dismiss the Appeal for Want of Jurisdiction
7) The complainant is more than a witness in a disciplinary action.
There is no statute that prevents a complainant from becoming a third
party defendant with regards to a mandatory counterclaim by the respondent
attorney. Ms. Acevedo is again
wrong.
8) Ms. Acevedo does not understand the reason that Judge Fry could not
give restitution to Collins. The
reason that restitution was not available is because Collins did not
counterclaim against WorldPeace for restitution in the WorldPeace
v. Collins matter. Restitution
was a mandatory counterclaim in the WorldPeace
v. Collins lawsuit. Since
Collins did not file a counterclaim, her rights to restitution were barred by res
judicata and therefore no such rights to restitution were reposed in the
Commission for Lawyer Discipline.
9) a) The problem regarding
restitution is what constitutes a misapplication of funds.
One must go to the TDRPC to find a definition of funds.
The TRDP incorporates the definition of funds through Rule 1.06Q TRDP
which incorporates the TDRPC which only speaks to the issue of funds in Rule
1.14 TDRPC. Ms. Acevedo has shown no
other place in the TRDP where “funds” is defined.
b) In the investigatory
hearing, the complainant is told that the committee will not get their money
back. The only money that the
Commission for Lawyer Discipline can get is funds
which are better characterized trust monies.
10) There is nothing in the TRDP that says a compulsory counterclaim
cannot be filed against a complainant and Ms. Acevedo has not referenced any.
Rule 3.08B TRDP states that : “Except
as varied by these rules, the
11) Ms. Acevedo states that,
“if it were true that Rule 3.14 TRDP was a standard then any disbarred
attorney could petition for a Writ of Mandamus”.
Well that is exactly the truth of the matter.
Rule 3.14 TRDP which denies a supersedeas or stay in a disbarment
fulfills the second requirement of an Application for Writ of Mandamus that
there be no remedy on appeal.
The court may want to protect the public from attorneys who have been
disbarred but attorneys have constitutional rights on appeal as well.
When this court promulgated
Rule 3.14 TRDP it automatically endorsed writs of mandamus in all Judgment for
Disbarment where there is an abuse of discretion.
12) Ms. Acevedo’s listing of all WorldPeace’s Mandamus filings is
irrelevant to this discussion unless she is trying to indicate that WorldPeace
is limited in what he can file.
13) The Commission for Lawyer Discipline has no response to
WorldPeace’s position on the issues in this mandamus.
Ms. Acevedo’s lack of citations seems to indicate the truth of
WorldPeace’s statement that the TRDP
is defective and corrupt in its application by the Commission for Lawyer
Discipline.
PRAYER
WHEREFORE, premises considered, WorldPeace prays this court to order Judge Fry to modify or vacate his Judgment for Disbarment and for such other and further relief at law or in equity as this court may deem proper.
Respectfully submitted,
John WorldPeace
2620 Fountainview,
Tel. 713-784-7618
Fax. 713-784-9063
TBA No. 21872800
I certify that a true and correct copy of the foregoing pleading was
forwarded to opposing counsel on March 8, 2004, by CERTIFIED MAIL (CMRRR # 7002
2410 0004 3246 6195) and to the Clerk of the Supreme Court of Texas on March 8,
2004, via EXPRESS MAIL (EM # ET574518255US).
John WorldPeace
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