No. 03

- 15

- 00007 -CV

_______________



### In the Court of Appeals

**Third District of Texas** 

**Austin , Texas** 

_______________

J OHN D OE

, A PPELLANT

V.

B OARD OF D IRECTORS OF THE S TATE B AR OF T EXAS

, C OMMISSION F OR L AWYER D ISCIPLINE

, AND

L INDA A CEVEDO IN HER O FFICIAL C APACITY

A S THE C HIEF D ISCIPLINARY C OUNSEL OF THE S TATE B AR OF T EXAS

, A PPELLEE S

_______________

Appealed from the 126th District Court

Of Travis County, Texas

Honorable Scott Jenkins, Judge Presiding

_______________

A PPELLEES ’ U NOPPOSED M OTION FOR

L EAVE TO F ILE A MENDED B RIEF

_______________

L INDA A. A CEVEDO

C HIEF D ISCIPLINARY C OUNSEL

L AURA B AYOUTH P OPPS

D EPUTY C OUNSEL FOR A DMINISTRATION C YNTHIA C ANFIELD H AMILTON

S ENIOR A PPELLATE C OUNSEL

O FFICE OF THE C HIEF D ISCIPLINARY

C OUNSE L

STATE BAR OF TEXAS

P.O. B OX 12487

A USTIN

, T EXAS 78711-2487

512.427.1350; 1.877.953.5535

F AX : 512.427.4167 ACCEPTED

03-15-00007-CV

5271285

THIRD COURT OF APPEALS

AUSTIN, TEXAS

5/13/2015 3:17:59 PM

JEFFREY D. KYLE

CLERKNo. 03

- 15

- 00007

- CV

_______________



### In the Court of Appeals

**Third District of Texas**

**Austin, Texas**

_______________

J OHN D OE

, A PPELLANT

V.

B OARD OF D IRECTORS OF THE S TATE B AR OF T EXAS

, C OMMISSION FOR L AWYER D ISCIPLINE

, AND

L INDA A CEVEDO IN HER O FFICIAL C APACITY

A S THE C HIEF D ISCIPLINARY C OUNSEL OF THE S TATE B AR OF T EXAS

, A PPELLEES

_______________

Appealed from the 126th Distric t Court

O

f Travis County, Texas

Honorable Scott Jenkins, Judge Presiding

_______________

A PPELLEES ’ U NOPPOSED M OTION FOR

L EAVE TO F ILE A MENDED B RIEF

_______________

TO THE HONORABLE COURT OF APPEALS:

Appellee s , the Board of Directors of the State Bar of Texas, the Commission

for Lawyer Discipline, and Linda Acevedo in her official capacity as the Chief

Disciplinary Counsel of the State Bar of Texas, asks the Court, under the authorityof Rule 38

. 7 of the Texas Rules of Appellate Procedur e, for leave to file an

amended brief in this matter.

I.

The Commission filed its brief on May 11, 2015. An amended brief is being

filed at the same time as the instant motion.

The Commission seeks to file an amended brief because the amended version

has been edited for clarity and readability. No new cases or authorities have been

added. The amending of Appellees’ brief will prevent confusion and thereby aid

the Court in resolving this matter appropriately.

Appellant does not oppose this motion.

III.

For these reasons, Appellees asks the Court to grant permission for leave to

file an amended brief.

R ESPECTFULLY S UBMITTED :

L INDA A. A CEVEDO

C HIEF D ISCIPLINARY C OUNSEL

L AURA B AYOUTH P OPPS

D EPUTY C OUNSEL FOR A DMINISTRATION

C YNTHIA C ANFIELD H AMILTON

S ENIOR A PPELLA TE C OUNSEL

O FFICE OF THE C HIEF D ISCIPLINARY

C OUNSEL

P.O. B OX 12487A USTIN

, T EXAS 78711

- 2487

512. 427.1350 ; 1.877.953.5535

F AX : 512. 427.4167

/s/ Cynthia Canfield Hamilton

C YNTHIA C ANFIELD H AMILTON

S ENIOR A PPELLATE C OUNSEL

S TATE B AR OF T EXAS

S TATE B AR C AR D N O . 00790419

ATTORNEYS FOR APPELLEE S

C ERTIFICATE OF C ONFERENCE

This is to certify that the undersigned attorney spoke with one of Appellant’s

attorneys of record, Jennifer Jasper, by phone on May 13, 2015 , regarding this

motion . Ms. Jasper indicated t hat Appellant does not oppose the motion

.

/s/ Cynthia Canfield Hamilton

C YNTHIA C ANFIELD H AMILTON

S ENIOR A PPELLATE C OUNSEL

S TATE B AR OF T EXAS

C ERTIFICATE OF S ERVICE

This is to certify that the above and foregoing Unopposed Motion for Leave to File

Amen ded Brief of the Board of Directors of the State Bar of Texas, Commission

for Lawyer Discipline , and Linda Acevedo, in her capacity as the Chief

Disciplinary Counsel of the State Bar of Texas, has been served on Appellant, John

Doe , by and through his atto rney s of record , Mr. Gaines West, Ms. Jennifer Jasper,

and Mr. Rob George, West Webb, Allbritton & Gentry

, by electronic service

through this Court’s electronic filing service provider on the 1 3 th day of May 2015

.

/s/ Cynthia Canfield Hamilton

C YN THIA C ANFIELD H AMILTON

S ENIOR A PPELLATE C OUNSEL

S TATE B AR OF T EXAS