JUDICIAL ACTIONS
David Saucedo (County Judge, Maverick County)
On December 5, 2019, the State Commission on Judicial Conduct issued a public warning to David Saucedo, county judge, Eagle Pass, Maverick County.
Saucedo was reprimanded in connection with an endorsement on his Facebook page for his brother, Ignacio Saucedo, who was running for a place on the board of the Eagle Pass Independent School District. The endorsement was deemed a violation of Canons 2B and 5(2) of the Code of Judicial Conduct which prohibit judges from lending the prestige of his judicial office to advance personal interests.
BOARD OF DISCIPLINARY APPEALS
Abigail Dennyse Molina (San Benito, TX/Springfield, OR)
On November 14, 2019, the Board of Disciplinary Appeals signed an agreed judgment of fully probated suspension against Springfield, Oregon, attorney Abigail Dennyse Molina [#24074740], 43. On July 29, 2019, an order approving stipulation for discipline was entered in the Oregon Supreme Court, in a matter styled In re the Conduct of: Abigail Molina, Bar No. 176383, Respondent, Cause No. 18-156, placing Molina on probation for one year for violations of the Oregon Rules of Professional Conduct Rules 1.15-1(a) (failing to hold funds belonging to a client separate from her own and failing to account for those funds) and 1.15-1(c) (converting client funds). Molina is suspended from the practice of law for six months fully probated, beginning December 1, 2019. BODA Cause No. 63667.
Benjamin Richard Horton (Sandy, UT)
On December 12, 2019, the Board of Disciplinary Appeals signed an agreed judgment of suspension against North Salt Lake, Utah, attorney Benjamin Richard Horton [#24053273], 43. On or about September 15, 2016, an order of discipline: suspension was filed in the Third Judicial District Court in and for Salt Lake County, Utah, in a matter styled In the Matter of the Discipline of: Benjamin R. Horton, #11452, Respondent, Civil No. 140905954, suspending Horton from the practice of law for three years beginning October 15, 2016, for violations of the Utah Rules of Professional Conduct Rules 1.3 (diligence), 1.4(a) (communication), 1.5(a) (fees), 1.8(h)(1) (conflict of interest), 5.3(a) (responsibilities regarding nonlawyer assistants), 5.4 (professional independence of a lawyer), 7.1 (communication concerning a lawyer’s services), 8.1(b) (bar admission and disciplinary matters), and 8.4(c) (fraud, deceit, or misrepresentation). Horton is suspended from the practice of law for three years, beginning January 1, 2020. BODA Cause No. 59814.
Joe Jesse Ponce III (San Antonio)
On December 18, 2019, the Board of Disciplinary Appeals revoked the probation of San Antonio attorney Joe Jesse Ponce III [#24014329], 61. The board found that Ponce materially violated the terms and conditions of the judgment of partially probated suspension signed by the District 10 Grievance Committee on May 18, 2019, that suspended him from the practice of law for 36 months. The first four months was an active suspension and for the remaining 32 months, the suspension was probated. The board revoked his probation and suspended him from the practice of law for 32 months, beginning December 18, 2019, and ending August 18, 2022. BODA Cause No. 63523.
DISBARMENT
Scott Douglas Marquardt (McKinney)
On August 21, 2019, Scott Douglas Marquardt [#00796999], 50, of McKinney, was disbarred. An evidentiary panel of the District 1 Grievance Committee found that Marquardt was hired to represent a client in a divorce. Marquardt failed to keep his client reasonably informed about the status of the case and failed to promptly comply with reasonable requests for information from the client. Upon request from the client, Marquardt failed to promptly render a full accounting regarding how the clients’ fees were used in the case. Marquardt also failed to furnish a response to the grievance. Marquardt violated Rules 1.03(a), 1.14(b), and 8.04(a)(8). He was ordered to pay $16,000 in restitution, $450 in attorneys’ fees, and $765.16 in direct expenses.
RESIGNATION
James W. Keene (Stephenville)
On December 10, 2019, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of James W. Keene [#11165600], 59, of Stephenville. At the time of Keene’s resignation, there was one pending matter against him alleging Keene did knowingly offer to another person, for the purpose of engaging in sexual conduct with that person, an offer of a benefit being in the form of rendition of professional services, such conduct being a violation of Texas Penal Code § 43.02 – Prostitution. On April 4, 2019, Keene was criminally charged for the above-described conduct. Keene allegedly violated Rule 8.04(a)(2).
SUSPENSIONS
Tametha D’Lyn Barker (Amarillo)
On November 18, 2019, Tametha D’Lyn Barker [#24044113], 43, of Amarillo, received a three-year active suspension effective November 18, 2019, through November 17, 2022. An evidentiary panel of the District 13 Grievance Committee found that Barker neglected a legal matter entrusted to her and failed to keep her client reasonably informed about the status of the client’s legal matter and failed to promptly comply with her client’s reasonable requests for information about the case. Barker failed to respond to the grievance. Barker violated Rules 1.01(b)(1), 1.03(a), and 8.04(a)(8). She was ordered to pay $560 in attorneys’ fees and $456.33 in direct expenses.
Ward Brackett Bennett Davison (Dallas)
On November 27, 2019, Ward Brackett Bennett Davison [#24066787], 39, of Dallas, received a 12-month partially probated suspension effective December 1, 2019, with the first month active and the remainder probated. An investigatory panel of the District 6 Grievance Committee found that Davison neglected legal matters entrusted to him by clients and frequently failed to carry out completely the obligations he owed to his clients. Davison failed to keep his clients reasonably informed about the status of their legal matters and failed to promptly comply with reasonable requests for information from his clients about their cases. In representing a client in one matter, Davison failed to explain the legal matter to the extent reasonably necessary to permit his client to make informed decisions regarding the representation. Davison engaged in conduct involving dishonesty, fraud, deceit, and misrepresentation. Davison violated Rules 1.01(b)(1), 1.01(b)(2), 1.03(a), 1.03(b), and 8.04(a)(3). He was ordered to pay $3,500 in restitution and $500 in attorneys’ fees and direct expenses.
Kelly Dawson (Austin)
On November 27, 2019, Kelly Dawson [#24068025], 42, of Austin, accepted a three-month fully probated suspension effective December 1, 2019. An investigatory panel of the District 9 Grievance Committee found that the complainant hired Dawson on August 26, 2016, to facilitate a mediation with her estranged son. If mediation was not successful, Dawson agreed to file a wrongful death suit, on the complainant’s behalf, against the complainant’s son related to the death of the complainant’s daughter. After the complainant sent a demand letter to her son’s attorney, without Dawson’s knowledge, the complainant’s son filed a defamation suit against the complainant in Nevada. Dawson is licensed only in Texas. With the complainant’s consent, Dawson agreed to accept service on the complainant’s behalf. On October 6, 2016, Dawson accepted service of the suit. The complainant’s answer to the defamation suit was due October 27, 2016. On October 21, 2016, Dawson sent the complainant a draft of an answer that included a special appearance and counter-claims.
One week later, the complainant sent an email with corrections that needed to be made to the answer prior to filing. However, Dawson never filed the answer. On December 2, 2016, opposing counsel filed a motion for default judgment and notice of hearing and provided notice to Dawson. Dawson failed to file any responsive pleading. A default judgment was entered against the complainant on January 12, 2017. Dawson was sent a notice of entry of judgment by default on February 8, 2017. Thereafter, in communications with the complainant, Dawson misrepresented the status of the defamation case by not advising the complainant about the motion for default judgment hearing or the judgment. Dawson violated Rules 1.01(a), 1.01(b)(1), 1.03(b), and 8.04(a)(3). Dawson was ordered to pay $926.50 in attorneys’ fees and direct expenses.
Kerry Michael Guidry (Houston)
On October 31, 2019, Kerry Michael Guidry [#24045993], 40, of Houston, accepted a five-year active suspension effective January 1, 2020. An evidentiary panel of the District 4 Grievance Committee found that Guidry failed to keep his clients reasonably informed about the status of their case and failed to promptly comply with their reasonable requests for information. Guidry further failed to hold funds belonging in whole or in part to his clients in a separate trust account, failed to promptly notify his clients of his receipt of the settlement funds, and failed to promptly deliver funds to his clients. During the representation, Guidry engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation. Furthermore, Guidry failed to file a response to the grievance. Guidry violated Rules 1.03(a), 1.14(a), 1.14(b), 8.04(a)(3), and 8.04(a)(8). He agreed to pay $500 in attorneys’ fees and direct expenses.
Joel Douglas Froneberger (Waco)
On November 13, 2019, Joel Douglas Froneberger [#00785887], 57, of Waco, received a 24-month fully probated suspension effective December 1, 2019. The District 6 Grievance Committee found that in May 2012, the client entered into an agreement with Froneberger and another attorney to handle all of her legal matters within a one-year period for a flat fee and the client’s grandmother signed over a warranty deed as collateral for the fee. The grandmother and the client did not pay the agreed flat fee and Froneberger and the other attorney subsequently sold the property. Froneberger and the other attorney did not remit the unearned portion of the sales proceeds to the grandmother at the conclusion of the representation. Froneberger violated Rule 1.15(d). He was ordered to pay $89,187 in restitution and $4,262.50 in attorneys’ fees and direct expenses.
Dennis R. Martin (San Antonio)
On December 20, 2019, Dennis R. Martin [#13059400], 70, of San Antonio, accepted a 30-day active suspension effective January 1, 2020. An investigatory panel of the District 10 Grievance Committee found that Martin failed to refund unearned fees, failed to comply with the terms of a prior disciplinary judgment, and failed to respond to a grievance in a timely manner. Martin violated Rules 1.15(d), 8.04(a)(7), and 8.04(a)(8). He agreed to pay $600 in attorneys’ fees and direct expenses.
Roberto Lazaro Sanchez (El Paso)
On December 13, 2019, Roberto Lazaro Sanchez [#24053061], 41, of El Paso, agreed to a one-year fully probated suspension effective October 15, 2020. An investigatory panel of the District 17 Grievance Committee found that Sanchez failed to supervise the conduct of his non-lawyer employee and assisted another in violating the disciplinary rules. Sanchez violated Rules 5.03(a) and 8.04(a)(1). He was ordered to pay $1,000 in attorneys’ fees and direct expenses.
Andrew Christopher Smith (Houston)
On October 18, 2019, Andrew Christopher Smith [#24063859], 42, of Houston, received a three-year partially probated suspension effective October 9, 2019, with the first 84 days actively suspended and the remainder probated. An evidentiary panel of the District 4 Grievance Committee found that Smith neglected the legal matter entrusted to him, failed to keep his client reasonably informed about the status of the matter, failed to promptly comply with reasonable requests for information from his client, failed to explain the matter to the extent reasonably necessary to permit his client to make informed decisions regarding the representation, and Smith’s physical, mental, or psychological condition materially impaired his fitness to represent his client. Smith also failed to timely furnish to the Office of Chief Disciplinary Counsel a response or other information as required by the Texas Rules of Disciplinary Procedure. Smith violated Rules 1.01(b)(1), 1.03(a), 1.03(b), 1.15(a)(2), and 8.04(a)(8).
Michael A. Warner (Amarillo)
On December 6, 2019, Michael A. Warner [#20872700], 57, of Amarillo, agreed to a six-month fully probated suspension effective November 15, 2019. The District 13 Grievance Committee found that in October 2015, the complainant hired Warner for representation in a breach of contract case. In connection with the complainant’s legal matter, Warner knowingly made a false statement of material fact or law to a tribunal. Warner engaged in conduct involving dishonesty or misrepresentation. Warner violated Rules 3.03(a)(1) and 8.04(a)(3). He was ordered to pay $1,350 in attorneys’ fees and direct expenses.
PUBLIC REPRIMANDS
Aaron Christian Seymour (New Braunfels)
On December 16, 2019, Aaron Christian Seymour [#24094943], 34, of New Braunfels, entered into an agreed judgment of public reprimand. An investigatory panel out of District 14 found that Seymour neglected a legal matter entrusted to him, failed to keep his client reasonably informed about the status of her legal matter, and failed to promptly comply with reasonable requests for information. Upon termination of representation, Seymour failed to refund advance payments of the fee that had not been earned. Seymour failed to respond to the grievance. Seymour violated Rules 1.01(b)(1), 1.03(a), 1.15(d), and 8.04(a)(8). He was ordered to pay $2,640 in restitution and $500 in attorneys’ fees and direct expenses.
Jessica Spangler Taylor (San Antonio)
On December 12, 2019, Jessica Spangler Taylor [#24013546], 48, of San Antonio, accepted a public reprimand. An investigatory panel of the District 10 Grievance Committee found that Taylor failed to hold client’s funds separate from her own property and failed to deliver funds to parties entitled to receive the funds promptly. Taylor violated Rules 1.14(a) and 1.14(b). She was ordered to pay $1,000 in attorneys’ fees and direct expenses.