State Bar of Texas | Disciplinary Actions

General questions regarding attorney discipline should be directed to the Chief Disciplinary Counsel's Office, toll-free (877) 953-5535 or (512) 453-5535. The Board of Disciplinary Appeals may be reached at (800) 204-2222 or (512) 463-1463, Ext. 2137. The State Commission on Judicial Conduct may be contacted toll-free, (877) 228-5750 or (512) 463-5533. Please note that persons disciplined by the Commission on Judicial Conduct are not necessarily licensed attorneys.

On May 14, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of George M. Hamm [#08853500], 55, of Houston. Hamm was charged with violating Rules 1.01(b)(1) and (b)(2), 1.03(a) and (b), and 1.15(d).

On Jan. 25, an evidentiary panel of the District 10-B Grievance Committee entered a default judgment of disbarment against Alex H. Coy III [#04965800], 45, of Converse. The panel found that on June 7, 2000, Coy was served with an evidentiary panel charge and proposed hearing order from the State Bar. He failed to timely file a responsive pleading. He was served with notice of default on Aug. 16, 2000. On Dec. 26, 2000, Coy was served with a motion for default judgment and order setting hearing. He failed to appear at the hearing. At the hearing, the panel found that in five separate cases, Coy violated Rules 1.01(b)(1) and (b)(2), 1.03(a) and (b), 1.06(a) and (b)(2), 1.08(a), 1.15(a)(2) and (d), and 8.04(a)(8). He was ordered to pay $500 to one complainant, $500 to a second complainant, and $600 to a third complainant. The panel found that Coy's misconduct damaged a fourth complainant in the amount of $100,000. Coy was also ordered to pay $3,300 in attorney's fees and $532.50 in costs.

On March 8, Jerome L. Croston, Jr. [#05139000], 56, of Dallas received a default judgment of disbarment. An evidentiary panel of the District 6-A Grievance Committee found that in one case, Croston neglected a client's bankruptcy matter, allowing delinquent property taxes to be charged to his client. In a second case, Croston failed to do any meaningful work on a client's case, allowing the case to be dismissed. He failed to communicate with his client or inform his client of the status or outcome of the case. In a third case, Croston failed to file a lawsuit on behalf of his client, allowing the statute of limitations to expire. In a fourth case, Croston failed to comply with the terms of a judgment issued by a grievance committee or respond to a request for information from the committee. Croston violated Rules 1.01(b)(1), 1.03(a), 1.14(b), 1.15(d), and 8.04(a)(1), (a)(7), and (a)(8). He was ordered to pay $1,269 in attorney's fees, $300 in court costs, and $1,000 in restitution.

On April 5, Dennis E. Guffey [#08592450], 51, of Grand Prairie received a default judgment of disbarment. An evidentiary panel of the District 6-A Grievance Committee found that in one case, Guffey neglected his client's bankruptcy matter by not filing documents in a timely manner. He also failed to complete the matter, respond to the client's requests for information regarding the matter, or respond to notice of the complaint from the grievance committee. In another case, Guffey did not respond to notice of a complaint from the grievance committee. Guffey violated Rules 1.01(b)(1), 1.03(a), and 8.04(a)(8). He was ordered to pay $1,531 in attorney's fees, $450 in costs, and $440 in restitution.

On May 8, Joseph W. Breshears [#02959200], 44, of Fort Worth agreed to a three-year, fully-probated suspension effective May 1. The District 7-A Grievance Committee found that in one case, Breshears was retained in a personal injury matter. He neglected the matter and failed to return his client's calls. Breshears also failed to keep his client reasonably informed of the status of the matter and relocated his office without notifying the client. Breshears failed to return the client's file upon request after termination of the representation. In a second case, Breshears did not timely respond to notice of a complaint from a State Bar grievance committee. In a third case, Breshears was retained in a personal injury matter. He failed to withdraw as counsel after termination of the representation. The complainant hired other counsel, who found that the matter had been dismissed for want of prosecution. In a fourth case, Breshears was hired to handle a possible deceptive trade practices matter. He determined that filing a lawsuit in the matter would not be practicable, but did not communicate this to his client. He failed to send the client a letter terminating the employment and failed to keep his client reasonably informed of the status of the matter. Breshears violated Rules 1.01(b)(1), 1.03(a) and (b), 1.15(a)(3) and (d), and 8.04(a)(8). He was ordered to pay $1,000 in attorney's fees and $480 in restitution.

On April 5, Patrick E. Clarke [#04317000], 58, of San Antonio agreed to a seven-year, partially-probated suspension effective April 15, with the first three years actively served and the remainder probated. An evidentiary panel of the District 10-B Grievance Committee found that in one case, Clarke neglected a personal injury matter by failing to file a claim. He failed to keep his client informed of the status of the claim or respond to notice of the complaint from the grievance committee. In a second case, Clarke was hired to handle a delinquent child support matter. Clarke failed to respond to numerous phone calls from his client, failed to pursue the matter, and failed to appear for court settings. Clarke informed his client that the case was set for hearing, when in fact no pleadings had been filed. Clarke did not timely respond to notice of the complaint from the grievance committee. In a third case, Clarke was hired to handle a divorce. Clarke failed to appear for the final hearing. He also failed to advise the client of her recourse after the final hearing. Clarke failed to effectuate the qualified domestic relations order and failed to respond to notice of the complaint from the grievance committee. In a fourth case, Clarke was hired in a personal injury matter. He neglected the matter by failing to pursue it, even after having the file for two years. Clarke failed to communicate with his client or return her file upon request. Clarke did not respond to notice of the complaint from the grievance committee. Clarke violated Rules 1.01(b)(1), 1.03(a), 1.15(d), and 8.04(a)(3) and (a)(8).

On May 7, Kyle B. Collins [#04613400], 47, of Austin accepted a one-year, fully-probated suspension effective June 1. The District 8-C Grievance Committee found that Collins neglected a criminal matter by failing to timely file a motion for new trial or notice of appeal, or otherwise preserve his client's right to appeal, even though he represented in open court that he would do so. As a result, his client's appeal was dismissed. Collins violated Rule 1.01(b)(1). He was ordered to pay $250 in attorney's fees and $294.55 in court costs, and to attend a law office management course.

On April 8, Seguin attorney Betty Barret Homminga [#00785394], 49, of Seguin agreed to a two-year, fully-probated suspension effective April 15. The 25th District Court of Guadalupe County found that Homminga agreed to represent a client in a child custody and visitation proceeding. Homminga failed to keep her client informed regarding court hearings and other matters in the case. She neglected the case by failing to appear for scheduled hearings and failed to return the client's file upon termination of representation. Homminga violated Rules 1.01(b)(1) and (b)(2), 1.03(a), and 1.15(d). She was ordered to pay $750 in attorney's fees.

On March 6, Doren Maner [#12894750], 46, of Lubbock accepted a 12-month, partially-probated suspension effective June 1, with the first month actively served and the remainder probated. The District 16-A Grievance Committee found Maner was hired in a personal injury case. She failed to take any significant action in the case and failed to respond to requests for information from her client. Maner closed her office without any notification to the client and did not return the client's file. Maner failed to respond to notice of the complaint from the grievance committee. She violated Rules 1.01(a) and (b), 1.03(a) and (b), 1.15(d), and 8.04(a)(8).

On May 9, Michael D. Peay [#00795582], 32, of Dallas accepted a 10-year, fully-probated suspension effective June 1. The District 6-A Grievance Committee found Peay violated Rules 8.04(a)(2) and (a)(3). He was ordered to pay $500 in attorney's fees.

On May 9, Roy W. Richard [#16842900], 50, Steven J. Zauft [#22251300], 53, and Peter S. Gross [#08537000], 71, all of San Antonio, each agreed to three-year, fully-probated suspensions, effective May 9. The 285th District Court of Bexar County found that from 1992 through 1994, Richard, Zauft, and Gross were involved in a partnership for the practice of law with a fourth attorney. During that time, the fourth attorney engaged in fee-splitting arrangements with nonlawyers, made other improper payments to certain nonlawyers, and committed other violated of the Texas Rules of Professional Conduct. The court found Richard, Zauft, and Gross knew of the misconduct, which would raise substantial questions regarding the fourth attorney's honest and trustworthiness or fitness as a lawyer in other respects, and did not report it to the State Bar. Richard, Zauft, and Gross violated Rule 8.03(a). They were ordered to pay $1,500 in attorney's fees.

On April 16, John Raymond Salazar [#17527150], 43, of Dallas accepted a 25-month, partially-probated suspension effective May 15, with the first month actively served and the remainder probated. The District 6-A Grievance Committee found that on Nov. 20, 1997, Salazar was arrested for DWI and upon a plea of guilty received a 10-year sentence, probated for five years, plus 20 days in the Dallas County jail. Salazar was again arrested for DWI on May 18, 2000, and a motion to revoke probation was filed. Salazar pleaded guilty on July 27, 2000, and was sentenced to 10 years, fined $1,000, and placed on probation after completing a 180-day shock probation. He violated Rule 8.04(a)(2).

On Feb. 5, Natalie A. Bills Reed [#00794514], 34, of Dallas accepted a public reprimand. The District 6-A Grievance Committee found the complainant retained Reed for representation in a child visitation matter. Reed failed to perform any meaningful legal services on the complainantÕs behalf or respond to the complainant's requests for information. Reed failed to timely respond to notice of the complaint from the grievance committee. She violated Rules 1.01(b)(1), 1.03(a), and 8.04(a)(8). She was ordered to pay $250 in attorney's fees and was referred to the Professionalism Enhancement Program.

On April 10, Wilson B. Swan, Jr. [#19550500], 53, of Houston received a public reprimand. The District 4-H Grievance Committee found Swan failed to respond to notice of a complaint from the grievance committee. He violated Rule 8.04(a)(8). He was ordered to pay $400 in attorney's fees.

On April 6, R. Allen Jones [#10937300], 47, of Garland received a public reprimand. The 101st District Court of Dallas County found Jones neglected a legal matter and failed to keep his clients reasonably informed of the status of a case. He violated Rules 1.01(b) and 1.03(a). He was referred to the Professionalism Enhancement Program.

On Feb. 22, James H. Stokes, Jr. [#19270800], 44, of SugarLand accepted a public reprimand. The District 10-B Grievance Committee found that during 1994 and 1995, Stokes issued letters of protection to various medical providers for clients involved in personal injury cases. Stokes failed to promptly notify the complainants, representing a medical provider, of the receipt of settlement funds in which the complainants had an interest. He violated Rule 1.14(b).