![[THE WORLDPEACE SIGN]](wppin.gif)
![[THE WORLDPEACE SIGN]](pinquarter.jpg)
Open
Letter
to the Supreme CourT OF TEXAS
regarding the grievance process
HAND DELIVERED TO THE SUPREME COURT ON THURSDAY, NOVEMBER 13, 2003
THE LINKS TO THE EXHIBITS WILL BE ADDED AS SOON AS POSSIBLE
The
problem for WorldPeace was that the disciplinary petition became part of the
permanent public record and every time WorldPeace became involved in a combative
lawsuit, the opposing attorneys would bring out the fact that WorldPeace had
been sued by the State Bar. It
would then be necessary for WorldPeace to show the court the dismissal with
prejudice.
The
1993 lawsuit has the effect of a permanent public reprimand, much worse that any
reprimand appearing in the State Bar Journal. The point is that the State
Bar can arbitrarily publicly reprimand an attorney as they please.
Since the State Bar personnel are immune from prosecution for their bad
acts per Rule 15.11 TRDP and since the State Bar is unwilling to process
grievances filed against its own attorneys for their bad acts, LINK 3 the
attorneys for the State Bar act as if they are above the law and use
intimidation and harassment to prosecute attorneys who could never be held
accountable in a civil lawsuit; mainly due to the “suit within a suit”
requirement and other common law protections regarding attorney malpractice that
force an ex-client to have a legitimate claim against an attorney before filing
suit.
Dawn
Miller, is now the Chief Disciplinary counsel for the State Bar.
Three
years ago, WorldPeace won a lawsuit for Johnell Collins (Cause Number
715,017, Johnell Collins v. Alvin Arbuckle, et. al., CCCL # 2, Harris County,
Texas) who refused to pay WorldPeace his contractual fee.
After six months of arguing, Collins filed a grievance with the State
Bar. WorldPeace believed that the
fact that Collins filed a grievance was an undeniable statement by Collins that
she did not intend to pay WorldPeace. WorldPeace
then sued Collins in the 281st District Court in June 2000.
(Cause No. 2000-31108, WorldPeace v. Collins, 281st District
Court, Harris
County, Texas)
When
WorldPeace was notified that the State Bar was going to proceed with the
grievance, he communicated to Dawn Miller that if she proceeded with the
frivolous and groundless grievance, WorldPeace, due to the burden that Dawn
Miller had wrongly placed on him in 1993, would shut down the grievance process
and see Dawn Miller, Leigh Arneman and J G Molleston, attorneys for the State
Bar, disbarred.
Dawn
Miller in response not only continued with the Collins matter but also processed
other frivolous complaints. WorldPeace
cannot prove it at this time but he believes that the State Bar took special
interest in anyone who called in to complain about WorldPeace and encouraged
them to file a grievance. See the
main page for summaries of each grievance.
WorldPeace would show that Robert Mapes, an investigator with the Houston office of the State Bar, who is not an attorney (and who in a Bill of Exception created by WorldPeace in the underlying trial admitted that he did not fully understand the TDRPC and only filled out pre-printed forms created by the office of Dawn Miller, the Chief Disciplinary counsel LINK 4) processed 12 frivolous and groundless complaints against WorldPeace, and intentionally, knowingly and maliciously assigned eight of those complaints to the Alan Levine Committee, one of thirty committees in Houston . LINK 5 Two of the other grievances were assigned to the Jim Adler Committee even after WorldPeace objected to Adler sitting on an investigatory panel.
By the way. Mr. Mapes just happened to retire after testifying in the underlying trial.
The key factor here is that Alan Levine, attorney at law, stated in the Fraser-Nash grievance hearing regarding WorldPeace, on the investigatory video, that she could go out the door and down the street and find any number of “legitimate attorneys”; suggesting that WorldPeace was not a legitimate attorney and revealing his bias. WorldPeace would show that Mr. Mapes knew he could count on the Alan Levine committee to come back with a suspension or disbarment recommendation against WorldPeace no matter how frivolous the complaint. LINK 5
WorldPeace believes that one of the main biases of Mr. Levine was centered around WorldPeace comparing Ariel Sharon’s treatment of the Palestinians to Hitler’s treatment of the Jews on WorldPeace web page at www.johnworldpeace.com. WorldPeace believes that there is a Jewish presence in the State Bar that is aligned against WorldPeace and one of WorldPeace’s counterclaims in the underlying disciplinary petition is for religious discrimination which Judge Fry dismissed by way of granting the Commission’s Motion for No-evidence Summary Judgment even though contrary to the requirements of Rule 166a(i) Mr. Molleston, attorney for the Commission did not list the elements of religious discrimination in the Motion for No-evidence Summary Judgment. LINK 6
As
additional proof, Mark Sanders, a Jewish attorney at law with Tribble and
Sanders, L.L.P., Houston, Texas, and attorney for Landmark Chevrolet and Bill
Heard Chevrolet, hired D. Craig Landin, attorney at law and municipal judge in
Fort Bend County, to file a grievance against WorldPeace that was undeniably for
the purpose influencing WorldPeace’s client's underlying lawsuits against
Landmark and Bill Heard Chevrolet. (This is an improper purpose per No. 15 under
"Scope" of the TDRPC.)
In a deposition of one of the Landmark/Bill Heard Plaintiffs, Mark Sanders stated on the record to WorldPeace that he had read WorldPeace's web page regarding Ariel Sharon and as a Jew took offense at it. LINK 7
WorldPeace
alleges that Mark Sanders conspired with other Jews at the State Bar,
(WorldPeace believes that Brian Schaffer, Vicki Rudell, Leigh Arneman, and Alan
Levine are Jewish and WorldPeace suspects that Dawn Miller may be.
WorldPeace has not made inquiries of the religious beliefs of Mr.
Mapes, J G Molleston, or the other members of the Levine Committee or D. Craig
Landin.)
Mark Sanders, on behalf of Landmark Chevrolet and Bill Heard Chevrolet filed suit against WorldPeace personally, based on WorldPeace filing suit against his clients. LINK 8 The grievance was a tactic used in the Landmark and Bill Heard Chevrolet lawsuit against WorldPeace and the lawsuits WorldPeace filed on behalf of his clients against Landmark and Bill Heard Chevrolet.
WorldPeace
would show, that without filing a counter claim, Mark Sanders and his partner
Wes Tribble settled the Landmark and Bill Heard Chevrolet suit against
WorldPeace by paying WorldPeace $13,000. LINK 9 Yes, Landmark and Bill Heard Chevrolet, the Plaintiffs, paid
WorldPeace, the Defendant, to settle the lawsuit they filed against him.
But the grievance lives on. LINK 10 WorldPeace has sued Mark
Sanders and D. Craig Landin for their malicious acts to challenge Rule 15.21
TRDP.
WorldPeace
would show that the vendictiveness of Dawn Miller, and the Jewish influence at
the
WorldPeace
would show that he deliberately created a fact pattern, which will allow the
Supreme Court of Texas, which coincidentally is presently considering revising
the Texas Rules of Disciplinary Procedure, LINK 11 to fully examine
virtually all aspects of the TDRPC as it is actually applied to attorneys in
Texas
.
WorldPeace
did not deliberately harm any client. WorldPeace
believes that the local office of the State Bar encouraged people who called in
regarding WorldPeace to file a grievance
against WorldPeace.
The fact pattern WorldPeace created had to do only with events that
happened after he received notice of the complaints from the State Bar.
It
was WorldPeace hopes that he could process the underlying lawsuit in such a way
as to methodically deal with the many problems in the State Bar grievance
process but WorldPeace was unexpectedly undermined by Judge James R. Fry, who
has undeniably attempted to arbitrarily and summarily disbar WorldPeace.
(See the Applications for Writ of Mandamus filed by WorldPeace on the
main page.
When
the underlying lawsuit began, WorldPeace gave Judge Fry the benefit of the doubt
on many underlying rulings that were against WorldPeace.
However, as the lawsuit proceeded to trial, WorldPeace began to suspect a
serious bias and prejudice with Judge Fry.
The post judgment ruling of Judge Fry up to Friday, November 7, 2003,
have left no doubt in WorldPeace's mind that something is wrong with Judge Fry.
WorldPeace
filed a Motion to Recuse Judge Fry because he believed he was biased 1) because
of WorldPeace’s comments about the Democratic Party, when WorldPeace ran for
Governor in 2001 and 2002, Judge Fry is a Democrat LINK 12. 2)
because WorldPeace withdrew from the Masonic Lodge in 1988 after he changed his
name. Judge Fry is a mason.
3) WorldPeace has two major
lawsuits against the Presbyterian Church LINK 13.
Judge Fry is an elder in the Presbyterian Church.
Whatever
the reason, Judge Fry, should be removed from the underlying lawsuit and another
judge appointed in his place who has more experience in complex civil lawsuits
and a desire to stick with the lawsuit no matter where it goes as well as a
judge who is above suspicion of bias and prejudice.
The
following is a shorthand rendition of the inherent problems in the grievance
process and the specific problems in the underlying WorldPeace's disciplinary
petition.
1)
There is no way to separate the significant body of attorney malpractice
law from the law of disciplinary petitions.
Legal malpractice in
In the extreme, as is evidenced by the Williams grievance in the underlying lawsuit, WorldPeace was disbarred for refusing to file a frivolous and groundless lawsuit. Judge Fry found disbarment for each individual TDRPC violation which is in itself abusive and draconian.
There
is no way that attorneys should have to deal with two such extreme bodies of
law; malpractice and the TDRPC and disbarred WorldPeace for violations of those
rules.
2)
An attorney can be disbarred for asserting his rights against self
incrimination as WorldPeace was. (It
appears that Rule 1.06(Q)(4) is being eliminated from the TRCP)
3)
The malpractice law in
4)
How can a non attorney, State Bar investigators like Mr. Mapes, who in
WorldPeace’s Bill of Exception in the underlying disciplinary petition stated
that he did not understand the TDRPC’s LINK 4 be allowed to determine
which grievance to convert into complaint?
Further, the TRDP states that the Chief Disciplinary Counsel, per Rule
2.09 TDRP must make that determination. This
is not what is happening in reality.
5) How can the trial court be required to process a disciplinary petition in 180 days per Rule 3.03 TRDP and yet there is no fast track in the appellate process when an attorney who is disbarred and cannot supercede the Judgment for Disbarment per Rule 3.14 TRDP. This allows a defacto disbarment.
6) There is no constitutional due process guarantee in the grievance process but during that process if an attorney does not cooperate with the investigative committee he or she can be disbarred. LINK 14
7) There is a conflict with immunity from slander for statements filed in a lawsuit and the breach of confidentiality per Rule 2.15 TRDP. LINK 15 Johnell Collins stated in her answer in the WorldPeace v. Collins lawsuit that she had filed a grievance knowing she was not to reveal this. Then later her attorney, McNab Miller placed more confidential grievance information in the lawsuit. LINK 16 WorldPeace filed a grievance on Miller that was Denied. LINK 17
8) There is a problem with offering an attorney a public reprimand under the threat of a disciplinary petition which is a public reprimand. So the State Bar says to an attorney if you do not accept a public reprimand we will sue you and get our public reprimand anyway.
9)
The grievance process is flawed from the non-attorney investigator who
makes the Rule 2.09 TRDP complaint decisions, to the assignment of the grievance
investigating committee, to the attorneys who prosecute the disciplinary
petitions, to the judges who are not competent to hear complex lawsuits that
affect an attorney’s career.
10)
The grievance system is set up to throw a few attorneys to the lions so that the
public can see that there is a disciplinary system at work.
But to have public members vote on legal matters that come up in a
grievance investigation is nonsense. The
public members vote with the attorneys. If
Judge Fry is having a hard time understanding Rule 166a(i) TRCP LINK
18 then what does that say about a public members ability to make a legal decision
at the investigatory level.
11) Attorneys like Jim Adler get on the grievance committees so they can protect themselves from grievances that are filed against them. WorldPeace objected to Jim Adler being on his grievance investigative committee and Mr. Mapes assigned a second grievance to Mr. Adler’s committee anyway. LINK 5
12)
The common law works well. If
a client has a problem with an attorney, then he needs to file suit.
If not, it is just like everything else in life, you can’t have what
you can’t afford. That is the way
the attorney malpractice system works in
13)
Most of the TDRPC are nonsense. The
real issues center around attorneys stealing money.
But there are laws (both civil and criminal) that cover that as well.
The
net effect of all this is to reduce legal coverage for the poor.
With the restrictions imposed by the TDRPC you can be disbarred for one
violation. And we all know that
people who get things for free do not appreciate them.
Allowing marginal clients to call upon the State Bar to file grievances
against attorneys who gave them free services is nonsense.
After dealing with the State Bar for ten years, I can tell you that I no longer take on clients who have no money. It is just too dangerous. The total money involved in the six grievances against me is a couple of thousand dollars. If I am going to get disbarred, at least I want to have made some money in the process.
Sincerely,
WorldPeace
APPENDIX
December 17, 2003, Relator WorldPeace's Motion for Rehearing Regarding Rule 3.01 and 3.02 Texas Rules of Disciplinary Procedure
How can we manifest peace on earth if we do not include everyone (all races, all nations, all religions, both sexes) in our vision of Peace?
![[THE WORLDPEACE BANNER]](wpbanner.gif)
The WorldPeace
Insignia
: Explanation
To order a WorldPeace Insignia lapel pin, go to: Order
To the John WorldPeace Galleries Page
To the WorldPeace Peace Page