A family court Judge upheld a default judgement against against a minority father throwing out of his house with only the clothes on his back even if the method of service was highly questionable.
ORDER OF THE SUPREME COURT OF TEXAS
Misc Docket No. 99-9175
Appointment of a District Judge to Preside
in'a State Bar Disciplinary,Action
The Supreme Court of Texas hereby appoints the Honorable Margaret Keliher, Judge of
the 44th District Court of Dallas County, Texas, to preside in the Disciplinary Action styled:
The Commission for Lawyer Discipline v. Ray L. Shackelford
to be filed in a District Court of Harris County, Texas.
The Clerk of the Supreme Court shall promptly forward to the District Clerk of Harris
County, Texas, a copy of this Order and of the Disciplinary Petition for filing and service
pursuant to Rule 3.03, Texas Rules of Disciplinary Procedure.
As ordered by the Supreme Court of Texas, in chambers,
with the Seal thereof affixed at the City
of Austin, this 27th day of September, 1999.
SUPREME COURT OF TEXAS
This assignment, made by Misc. Docket No. 99-9175, is also an assignment by the Chief
Justice of the Supreme Court pursuant to Texas Government Code §74.057.
Signed this^7 day of September, 1999.
Thomas R. Phillips
Chief Justice
cotPy
COMMISSION FOR LAWYER
DISCIPLINE
V.
RAY L. SHACKELFORD
CAUSE NO.
§
IN THE DISTRICT COURT OF
§
§
§
HARRIS COUNTY, TEXAS
§
§
JUDICIAL DISTRICT
ORIGINAL DISCIPLINARY PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Petitioner, the COMMISSION FOR LAWYER DISCIPLINE, a
committee of the State Bar of Texas (hereinafter referred to as "Petitioner"), complaining of
Respondent, RAY L. SHACKELFORD, (hereinafter referred to. as "Respondent"), and would
show the Court the following:
1. DISCOVERY CONTROL PLAN
Pursuant to Rules 190.1 and 190.2, TEXAS RULES OF CIVIL PROCEDURE (TRCP),
Petitioner intends discovery in this case to be conducted under the Level 2 Discovery Control
Plan. Pursuant to Rule 190.3(a), Petitioner affirmatively pleads that it seeks only monetary relief
excluding costs, pre-judgment interest and attorney's fees.
H. NATURE OF PROCEEDING
Petitioner brings this disciplinary action pursuant to the STATE BAR ACT, TEXAS
GOVERNMENT CODE ANNOTATED §81.001, et seq. (Vernon 1988 and supp. 1994); the
TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT, and the TEXAS RULES
OF DISCIPLINARY PROCEDURE. The complaint that forms the basis of this Original
Disciplinary Petition were filed on or after May 1, 1992.
III. VENUE
Respondent is an attorney licensed to practice law in Texas and a member of the State Bar
of Texas. Respondent is a resident of and has his principal place of practice in Harris County,
Texas; therefore, venue is appropriate in Harris County, Texas, pursuant to Rule 3.03 of the
TEXAS RULES OF DISCIPLINARY PROCEDURE. Respondent may be served by and through
his attorney, Jerry L. -Zunker at 812 San Antonio, Suite 105, Austin, Texas 78701-2224.
IV. CAUSE OF ACTION
This cause of action derives from the documents that were filed in Cause No. 89-28857,
In the Interest of Christopher Andrew Willis, a Minor Child, In the 246th Judicial District Court
of Harris County, Texas. The Complainant, Sharon K. Wall (hereinafter known as "Wall") was
retained by Ms. Judith Elaine Pierson Roberts, mother of Christopher Andrew Willis, Movant in
Cause No. 89-28857 to establish parentage of her child in 1995.
In or around 1996, the parties in this case discussed modifying the order and Ms. Roberts
faxed an agreement with certain terms to Respondent.
On or about February 11, 1997, Ms.
Roberts signed an Alternative Dispute Resolution (ADR) statement before an notary. However,
the ADR statement was attached to a motion to modify filed in 1997 that was dismissed.
Wall learned that on November .9, 1998 certain purported agreed documents: Agreed
Motion to Modify in Suit Affecting the Parent-Child Relationship, Waiver of Citation, Agreed
Order on Motion to Modify in Suit Affecting the Parent-Child Relationship, and Amended Order
of Withholding from Earnings for Child Support, each bearing the purported signature of Ms.
Roberts, were filed with the court. Two of the documents were notarized. These documents were
also signed by Michael Earl Willis, the father and obligor, and Walter E. Strickland, as his
Dripinal Disciplinery PetitionlJ:ISheddrd.raY1CFLD5IDP
Page 2
attorney of record. Ms. Roberts did not recall signing any of those documents.- It appears that
Respondent intentionally deceived the court by having someone in his office sign Ms. Robert's
name to a set of documents and submitting them to the court as her signature.
Wall filed a contest to entry of the documents, a motion to strike and a motion for
sanctions, setting the matter for hearing on December 11, 1998. Mr. Strickland did not appear
nor did Mr. Willis. Instead, Respondent appeared for Mr. Willis. Respondent did not appear at
previous hearings because he was serving a disciplinary suspension which was in effect until
November 15, 1998. The matter before the court was reset to December 18, 1998.
On December 18, 1998, the parties met before the Honorable Don Ritter, Presiding Judge
of the 246th District Court of Harris County, Texas for a motion for new trial or rehearing, an
objection to the entry of purported agreed orders, a motion to strike pleadings, a motion to strike
orders and a motion for sanctions. Ms. Roberts verified, under oath by the affidavit she signed
on December 3, 1998, and filed with the court, that she did not sign any of the documents filed
by Respondent on November 9, 1998, the signatures which appeared on the documents bearing
her name were not her signatures, she did not give any person permission to sign her name to any
of the documents filed, she did not appear before Betty J.Vallie, Notary who notarized Exhibit
"A" to the Agreed Motion to Modify in Suit Affecting the Parent-Child Relationship on January
30, 1998, she did not appear before Betty J. Vallie, Notary who notarized the Waiver of Citation
on October 30, 1998, nor she did not give any notary permission to notarize a document
purporting to bear her signature in her absence. Ms. Roberts also denied ever meeting or speaking
with Walter Strickland.
Dripinal Diacipfinery PetitianlJ:ISheddrd.roylCFLD5IDP
Page 3
On December 18, 1998, Respondent admitted on the record in court that Ms. Roberts did
not sign any of the documents nor appear before the notary.
He stated that one of his legal
assistants signed the.documents and that they were signed with the assumption that the agreement
was still in effect. He stated that the notary in his office and Darlene Daniels represented to the
notary that Ms. Roberts was there.
V. RULE VIOLATIONS
The acts and/or omissions of Respondent described in Paragraph IV above which occurred
on or before January 1, 1990, constitute conduct in violation of Rules 3.03(a)(1) [for making a
false statement of material fact or law to a tribunal]; 3.03(a)(2) [for knowingly_failing to disclose
a fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act]
3.03(a)(5) [for knowingly offering or using evidence that the lawyer knows to be false]; and
8.04(a)(3)[for engaging in conduct involving dishonesty, fraud, deceit or misrepresentation].
VI.
The complaint that forms the basis of this cause of action was brought to the attention of
the Office of the General Counsel of the State Bar of Texas by Sharon K. Wall's filing of a
complaint on or about January 12, 1999.
PRAYER
WHEREFORE, PRF.MISES CONSIDERED, Petitioner, COMIVIISSION FOR
LAWYER DISCIPLINE, respectfully prays that this Court discipline Respondent, RAY L.
SHACKELFORD, by reprimand, suspension, or disbarment, as the facts shall warrant;
restitution; and all other relief to which Petitioner may show itself to be justly entitled, including
costs of court and attorneys' fees.
Odpinel Dieeiplinary PetitionlJ:ISheddrd.roylCFL051DP
Page 4
Respectfully submitted,
Dawn Miller
Acting General Counsel
Kimberly M. Gamble
Assistant General Counsel
Office of the General Counsel
State Bar of Texas
1111 Fannin, Suite 1370
Houston, Texas
77002
(713) 759-6932
(713) 752-2158 FAX
State Bar No. 00789804
ATTORNEYS FOR PETITIONER,
COMMISSION FOR LAWYER
DISCIPLINE
Dripind Dirciplinery PetitionlJ:ISheckird.reYlCFlD51DP
Pege 5
STATE BAR OF TEXAS
Office of the General Counsel
August 12, 1999
Mr. John T. Adams, Clerk
Supreme Court of Texas
P.O. Box 12248
Austin, Texas 78711
Re:
Commission for LawverDiscipline v Ray L. Shackel ord
Dear Mr. Adams:
Enclosed please find an original and two (2) copies of a Disciplinary Petition being filed by the
Commission for Lawyer Discipline against Ray L. Shackelford.
Mr. Shackelford has designated
Harris County, Texas as his principal place of practice. Request is hereby made that the court
appoint an active District Judge who does not reside in the Administrative Judicial Region in
which Respondent resides to preside in this case. Upon appointment, request is hereby made that
you notify the Respondent at the address shown below and the undersigned of the identity and
address of the judge assigned:
Ray L. Shackelford
c/o Jerry L. Zunker
812 San Antonio, Suite 201
Austin, Texas 78701
As a practical matter, I would respectfully suggest that you inquire with the judge to be appointed
as to (1) whether he or she will be able to comply with the 180 day deadline by which the case
must be set for trial set forth in Section 3.07 of the Texas Rules of Disciplinary Procedure; and
(2) whether he or she can accommodate compliance with Mellon Service Co., et al v. Touche
Ross Co., 946 S.W.2d 862 (Tex. App. - Houston [14th Dist.], which requires that all proceedings
incident to a case occur in the county of proper venue. If not, I would respectfully request that
an alternate appointment be made.
1111 Fannin, Suite 1370, Houston, Texas 77002, (713)759-6931
Mr. John T. Adams, Clerk
Supreme Court of Texas
August 12, 1999
Page 2
Once a trial judge has been appointed, please forward the original and two (2) copies of the
Disciplinary Petition, the filing fee check, also enclosed herewith, and the Court's appointing
order to the District Clerk of Harris County, Texas, with the request that the suit be filed, service
be obtained, and a file-marked copy of the petition be returned to the undersigned.
I have enclosed a pre-addressed envelope for your use in transmitting the above reference
documents, to the District Clerk of Harris County, Texas, and a return envelope to be sent to the
District Clerk of Harris County, Texas, for the Clerk's use in returning a file-stamped copy of the
petition to the undersigned.
If you have any questions, please contact me. Thank you for your assistance.
Very truly yours,
ik4 pt,'oJeQ1
Kimberly M. Gamble
Assistant General Counsel
KMG/lp
Enclosures
1111 Fannin, Suite 1370, Houston, Texas 77002, (713)759-6931
THE SUPREME COURT OF TEXAS
CHIEF )USTICE
THOMAS R. PHILLIPS
POST OFFICE BOX 12248
AUSTIN, TEXAS 78711
CLERK
JOHN T. ADAMS
TEL:(512)4G3-13)2
JUSTICES
EXECUTIVE ASS'T
FAX: (512) 463-1365
WILLIAM L WILLIS
NATHAN L. HECHT
CRAIG T. ENOCH
PRISCILLA R. OWEN
;.-1uT, 0 7 1999
.
DEPUTY EXECUTIVE ASS'T
JAMES A. BAKER
JIM HUTCHESON
GREG ABBOTT
DEBORAH G. HANKINSON
ADMINISTRATIVE ASS'T
HARRIET O'NEILL
NADINE SCHNEIDER
ALBERTO R. GONZALES
The Honorable Charles Bacarisse
District Clerk of Harris Countv
P.O. Box 4651
Houston, Texas 77002
Dear Mr. Bacarisse:
Pursuant to Rule 3.03 of the Texas Rules of Disciplinary Procedure, I am sending for filing
State Bar of Texas Disciplinary Action styled: The Commission for Lawyer Discipline v. Rav L.
Shackel ford. and a copy of the Supreme Court's order appointing the Honorable Margaret Keliher,
Judge of the 44`h District Court. Dallas, Texas, to preside in this Disciplinary Action.
Sincerely,
StGf3ED
John T. Adams
Clerk
cc:
Honorable Margaret Keliher
Ms. Kimberly M. Gamble
Mr. Ray L. Shackelford
Ms. Melissa Dartez
CHIEF IUSTICE
THOMAS R. PHILLIPS
JUSTICES
NATHAN L. HECHT
CRAIG T. ENOCH
PRISCILLA R. OWEN
JAMES A. BAKER
GREG ABBOTT
DEBORAH G. HANKINSON
HARRIET O'NEILL
ALBERTO R. GONZALES
THE SUPREME COURT OF TEXAS
POST OFFICE BOX 12248
AUSTIN, TEXAS 78711
TEL: (5 12) 463-1312
FAX: (512) 463-1365
OrT 0 7 1999
Honorable Margaret Keliher
Judge, 44`h District Court
600 Commerce Street. 3`d Floor
Dallas, Texas 75202
Dear Judge Keliher:
CLERK
JOHN T. ADAMS
EXECUTIVE ASS'T
WILLIAM L. WILLIS
DEPUTY EXECUTIVE ASS'T
JIM HUTCHESON
ADMINISTRATIVE ASS'T
NADINE SCHNEIDER
We enclose for your information a copy of the order of assignment, a copy of the
Disciplinary Action. a copy ofthe notification letter to Mr. Shackelford and Ms. Gamble, and a copy
of the letter to the District Clerk of Harris County.
It is recommended that, six to eight weeks after receipt of this letter. you contact the Harris
County District Court Administrative Office (71 3-755-7593)to find out the district court to which
this disciplinary case has been assigned.
We then recommend that. either before or immediately
after you set the case for trial, you again contact the Harris County District Court Administrative
Office (713-755-6593)to reserve a courtroom, provide for a court reporter. etc. Finally, you should
contact the Presiding Judge of the Administrative Judicial Region into which you have been assigned
(713-471-3911) to obtain information on lodging, allowable expenses, and claims forms for your
expenses incident to presiding over this disciplinary case.
Sincerely,
John T. Adams
Clerk
CHIEF JUSTICE
THOMAS R. PHILLIPS
JUSTICES
NATHAN L. HECHT
CRAIG T. ENOCH
PRISCILLA R. OWEN
JAMES A. BAKER
GREG ABBOTT
DEBORAH G. HANKINSON
HARRIET O'NEILL
ALBERTO R. GONZALES
THE SUPREME COURT OF TEXAS
POST OFFICE BOX 12248
AUSTIN, TEXAS 78711
TEL:(5l2)4G3-1312
FAX: (512) 463-1365
OCT 0 7 1999
Ms. Kimberly M. Gamble
Assistant General Counsel, State Bar of Texas
IIII Fannin, Suite 1370
Houston, Texas 77002
Mr. Ray L. Shackelford
c/o Jerry L. Zunker
812 San Antonio, Suite 201
Austin, Texas 78701
Dear Ms. Gamble and Mr. Shackelford:
CLERK
JOHN T. ADAMS
EXECUTIVE ASS'T
WILLIAM L. WILLIS
DEPUTY EXECUTIVE ASS'T
JIM HUTCHESON
ADMINISTRATIVE ASS'T
NADINE SCHNEIDER
Pursuant to Rule 3.02 of the Texas Rules of Disciplinary Procedure. I hereby notify you that
the Supreme Court of Texas has appointed the Honorable Margaret Keliher. Judge of the 441h District
Court. Dallas, Texas to preside in
Commission far Lawyer Discil2line v. Ray L. Shackelforcl
Sincerely,
MGM
John T. Adams
Clerk
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