Due Process Case Law

            "Virtually any right, including a constitutional right, may be waived if not timely pleaded or otherwise properly presented to the trial court."
            "An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under the circumstances, to apprise interested parties of the pendency of the action and afford them the opportunity to present their objections."
            "...the right attaches only in a proceeding that is to be "accorded finality."
            "A grievance committee's investigations have been compared to an inquisition by a grand jury"
            "Nonetheless, as long as an indictment is valid on its face and the grand jury is legally constituted, a due process complaint will not be sustained"
            Minnick v. State Bar of Texas, 790 S.W. 2d 87, 89-90 (Tex. App. -- Austin 1990)

            "Actions taken by the grievance committee are not accorded finality; therefore, due process does not attach.  See Minnick v. State Bar of Texas, 790 S.W. 2d 87, 90 (Tex. App. -- Austin 1990, writ denied).  The decision of the grievance committee regarding the complaint against Flume had no finality absent Flume's consent.  Because Flume did not accept the decision of the committee, the State Bar filed suit in a trial de novo was held in district court according Flume due process."
            Flume v. State Bar of Texas, 974 S.W. 2d 55, 59 (Tex. App. -- San Antonio 1998)

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