The following are actions by the State Bar of Texas regarding lawyer discipline finalized and reported during the month of September.
JUDICIAL ACTIONS
None reported
BOARD OF DISCIPLINARY APPEALS
Kirby Jerome Portley (Austin)
On July 31, 2020, the Board of Disciplinary Appeals issued an agreed judgment of revocation and active suspension from the practice of law for Austin attorney Kirby Jerome Portley [#24085865], 36, from an agreed judgment of partially probated suspension by an evidentiary panel of the District 9-2 Grievance Committee. BODA Cause No. 64516.
David Andrew Jaynes (Palm Springs, FL)
On August 6, 2020, the Board of Disciplinary Appeals signed a default judgment of disbarment against Palm Springs, Florida, attorney David Andrew Jaynes [#10595790], 66. On or about May 23, 2019, an order was issued by the Supreme Court of Florida in The Florida Bar, Petitioner(s) v. David Andrew Jaynes, Respondent, Case No. SC20-254, Lower Tribunal No(s): 2019-90,029(OSC), disbarring Jaynes from the practice of law in the state of Florida. BODA Cause No. 64476
Lon Darley (Oklahoma City, OK)
On August 6, 2020, the Board of Disciplinary Appeals signed a default judgment of disbarment against Oklahoma City, Oklahoma, attorney Lon Darley [#05384850], 68. On or about June 10, 2019, an order approving resignation from Oklahoma Bar Association pending disciplinary proceedings was entered by the Supreme Court of the State of Oklahoma in a matter styled State of Oklahoma ex rel. Oklahoma Bar Association, Complainant, v. Lon Jackson Darley, III, Respondent, Case No. SCBD-6802, disbarring Darley from the practice of law in Oklahoma. BODA Cause No. 64477.
Traci Leigh Bransford (Houston)
On August 6, 2020, the Board of Disciplinary Appeals signed an agreed judgment of suspension against Houston attorney Traci Leigh Bransford [#02897520], 56. On or about February 26, 2020, an agreed disposition memorandum order for a suspension without terms was entered in Case No. CL20-452 before the Circuit Court for the City of Chesapeake, Virginia, in a matter styled In the Matter of Traci Leigh Bransford Marquis, VSB Docket No. 19- 010-115084, suspending Bransford from the practice of law for 30 days. BODA Cause No. 64637.
Gwendolyn Jean Shotwell (Englewood, CO)
On August 17, 2020, the Board of Disciplinary Appeals signed an agreed judgment of probated suspension against Englewood, Colorado, attorney Gwendolyn Jean Shotwell [#18304210], 58. On or about November 8, 2019, an order approving conditional admission of misconduct and imposing sanctions under Colorado Rules of Civil Procedure Rule 251.22 was entered in the Colorado Supreme Court in a matter styled Complainant: The People of the State of Colorado, Respondent: Gwendolyn Jean Shotwell, #32238, Case No. 19PDJ075, suspending Shotwell from the practice of law for one year and one day, all stayed upon the successful completion of a oneyear period of probation. BODA Cause No. 64477.
DISBARMENT
Mark Anthony Davis (Victoria)
On March 6, 2020, Mark Anthony Davis [#24012509], 49, of Victoria, was disbarred. An evidentiary panel of the District 11 Grievance Committee found that Davis failed to communicate with a client, failed to hold clients’ funds separate from his own property, failed to promptly notify and deliver funds to parties entitled to receive funds, and failed to respond to a grievance. Davis violated Rules 1.03(a), 1.14(a), 1.14(b), 1.14(c), and 8.04(a)(8). He was ordered to pay $50,000 in restitution and $2,532.50 in attorneys’ fees and direct expenses.
RESIGNATION (IN LIEU OF DISCIPLINE)
Christopher Michael Sandefur (San Antonio)
On August 21, 2020, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of Christopher Michael Sandefur [#24013454], 54, of San Antonio. At the time of the resignation, there were five disciplinary actions pending alleging Sandefur neglected clients’ matters, failed to communicate with clients, failed to return unearned fees, failed to promptly notify and deliver funds to parties entitled to receive funds, failed to return clients’ files, and engaged in conduct involving misrepresentation. Sandefur violated Rules 1.03(a), 1.03(b), 1.01(b)(1), 1.14(b), 1.15(d), and 8.04(a)(3).
SUSPENSION
Rayshun Jackson (Dallas)
On July 21, 2020, Rayshun Jackson [#00797754], 51, of Dallas, agreed to a 12- month fully probated suspension effective August 1, 2020. The District 6 Grievance Committee found that on July 25, 2019, Jackson contacted the complainant regarding representing her husband with regard to criminal matters in Collin and Tarrant counties. Jackson contacted the complainant, who did not seek Jackson’s advice regarding employment nor had a family or past or present attorney-client relationship, offering to represent the complainant’s husband in the criminal matters. Jackson failed to explain the criminal matters to the extent reasonably necessary to permit the complainant and her husband to make informed decisions regarding the representation.
Jackson violated Rules 1.03(b) and 7.03(a). He was ordered to pay $1,000 in attorneys’ fees and direct expenses.
Charles Wayne Sullivan (Canyon Lake)
On August 24, 2020, Charles Wayne Sullivan [#24049421], 65, of Canyon Lake, accepted a six-month fully probated suspension effective September 1, 2020. An investigatory panel of the District 15 Grievance Committee found that Sullivan entered into a business transaction without giving the client a reasonable opportunity to seek the advice of independent counsel in the transaction. Sullivan violated Rules 1.08(a)(2). He agreed to pay $600 in attorneys’ fees and direct expenses.
Lee Barrett Westmoreland (Nacodoches)
On August 17, 2020, Lee Barrett Westmoreland [#24001113], 47, of Nacogdoches, agreed to a 36-month fully probated suspension (September 1, 2020, through August 31, 2023). An evidentiary panel of the District 2 Grievance Committee found that on April 13, 2017, Westmoreland was court appointed to represent the complainant in a criminal matter. Westmoreland neglected the legal matter entrusted to him, failed to explain the criminal matter to the extent reasonably necessary to permit his client to make informed decisions regarding the representation, and failed to timely file a response to the grievance. Westmoreland violated Rules 1.01(b)(1), 1.03(b), and 8.04(8). He was ordered to pay $1,300 in attorneys’ fees.
Jaime Morales (McAllen)
On August 24, 2020, Jaime Morales [#24041521], 42, of McAllen, agreed to a five-year-and-one-month partially probated suspension effective December 1, 2020, with the first month actively served and the remainder probated. An investigatory panel of the District 12 Grievance Committee found that Morales failed to communicate with clients and failed to hold clients’ funds separate from his own property. Morales violated Rules 1.03(a) and 1.14(a). He was order to pay $63,000 in restitution and $1,000 in attorneys’ fees and direct expenses.