Sec. 81.073. CLASSIFICATION OF GRIEVANCES. (a) The chief disciplinary counsel's office shall classify each grievance on receipt as:
(1) a complaint, if the grievance:
(A) alleges conduct that, if true, constitutes professional misconduct or disability cognizable under the Texas Disciplinary Rules of Professional Conduct; and
(B) is submitted by:
(i) a family member of a ward in a guardianship proceeding that is the subject of the grievance;
(ii) a family member of a decedent in a probate matter that is the subject of the grievance;
(iii) a trustee of a trust or an executor of an estate if the matter that is the subject of the grievance relates to the trust or estate;
(iv) the judge, prosecuting attorney, defense attorney, court staff member, or juror in the legal matter that is the subject of the grievance;
(v) a trustee in a bankruptcy that is the subject of the grievance; or
(vi) any other person who has a cognizable individual interest in or connection to the legal matter or facts alleged in the grievance; or
(2) an inquiry, if:
(A) the grievance alleges conduct that, even if true, does not constitute professional misconduct or disability cognizable under the Texas Disciplinary Rules of Professional Conduct;
(B) the grievance is submitted by a person other than a person described by Subdivision (1)(B); or
(C) the respondent attorney is deceased, has relinquished the attorney's license to practice law in this state to avoid disciplinary action, or is not licensed to practice law in this state.
(b) A complainant or an attorney against whom a grievance is filed may appeal the classification of a grievance to the Board of Disciplinary Appeals, or the complainant may amend and resubmit the grievance.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 17, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1020 (H.B. 5010), Sec. 1, eff. September 1, 2023.