770 Texas Bar Journal • November 2016 texasbar.com

DISCIPLINARY ACTIONS

Contact the Office of Chief Disciplinary Counsel at (512) 453-5535,the Board of Disciplinary Appeals at (512) 475-1578 or txboda.org,

or the State Commission on Judicial Conduct at (512) 463-5533.

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order of discipline in a matter styled, TheNorth Carolina State Bar, Plaintiff, v. MarlonBrent Messer, Defendant, Case No. 15DHC 53. BODA Cause No. 57979.

On October 5, 2016, after hearingoral argument, the Board of DisciplinaryAppeals affirmed in part and reversed inpart the judgment of partially probatedsuspension against Killeen attorney JerryW. Scarbrough [#17717500], 67, signedon April 7, 2015, by the evidentiarypanel 08-5 of the State Bar of TexasDistrict 8 Grievance Committee in CaseNos. A0111214896 and A0111214897.The board affirmed the findings of theevidentiary panel that Scarbrough vio-lated Texas Disciplinary Rules of Profes-sional Conduct 3.03(a)(1), 8.04(a)(1),and 8.04(a)(3) and reversed the findingthat he violated Rule 3.04(a). TheCommission for Lawyer Discipline con-ceded error on the finding that he vio-

lated Rule 3.04(d), and the board re-versed that finding. The sanction is re-versed, and the matter is remanded to theevidentiary panel for a hearing on the al-legations that Scarbrough violated Rules3.04(a) and 3.04(d) and for a new sanc-tions hearing. BODA Cause No. 56375.

On October 5, 2016, after consideringthe briefs of the parties and the record,the Board of Disciplinary Appeals affirmedthe partially probated suspension againstDallas attorney Robert E. Fitzgerald[#07088700], 66, signed on March 2,2016, by the evidentiary panel of theState Bar of Texas District 6-1 GrievanceCommittee in Case No. 201404521.Fitzgerald remains suspended from thepractice of law. BODA Cause No. 57404.

RESIGNATIONSOn August 31, 2016, the Supreme

Court of Texas accepted the resignation

REINSTATEMENTSBarry Joseph Jewell [#24033546], 57, of

Prosper, has filed a petition in the 393rd Ju-dicial Court of Denton County for reinstate-ment as a member of the State Bar of Texas.

BODAOn August 22, 2016, the Board of

Disciplinary Appeals signed an agreedjudgment of fully probated suspensionagainst Pasadena, California, attorneyMarlon Brent Messer [#24029725],41, suspending Messer from the practiceof law in Texas for two years; the sus-pension is stayed and he is placed onprobation beginning August 22, 2016,and ending on August 21, 2018. Messerwas suspended from the practice of lawin North Carolina for two years, withthe suspension probated on certain termsand conditions on May 4, 2016, by theDisciplinary Hearing Commission of theNorth Carolina State Bar through a consent

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texasbar.com/tbj Vol. 79, No. 10 • Texas Bar Journal 771

in lieu of discipline of V. Antonio Aninao[#01264500], 63, of Houston. At the timeof his resignation, Aninao had twogrievances pending against him. In oneinstance, upon termination of repre-sentation, Aninao failed to take stepsto the extent reasonably practicable toprotect his client’s interests. Aninaoalso violated three disciplinary judg-ments and failed to timely furnish tothe Office of Chief Disciplinary Counsela response or other information as requiredby the Texas Rules of DisciplinaryProcedure.

Aninao violated Rules 1.15(d),8.04(a)(7), and 8.04(a)(8).

On August 31, 2016, the SupremeCourt of Texas accepted the resignationin lieu of discipline of Jose M. Guerrero[#08581425], 62, of San Antonio. Atthe time of his resignation, there werethree disciplinary actions pending alleg-ing Guerrero failed to communicatewith clients, neglected client matters,failed to hold client funds in trust,

failed to return unearned fees, violatedprior disciplinary judgments, and par-ticipated in conduct involving fraud,deceit, or misrepresentation.

Guerrero violated Rules 1.01(b)(1),1.03(a), 1.03(b), 1.14(a), 1.14(b),1.14(c), 1.15(a)(1), 1.15(d), 8.04(a)(3),8.04(a)(7), and 8.04(a)(10). He wasordered to pay $5,000 in attorneys’ feesand direct expenses.

On August 31, 2016, the SupremeCourt of Texas accepted the resignationin lieu of discipline of Alicia R. Mar-tinez [#24014390], 48, of San Antonio.At the time of resignation, there weretwo disciplinary actions pending alleg-ing Martinez failed to communicatewith clients, neglected client matters,failed to hold funds in trust, failed toreturn unearned fees, and failed torespond to a grievance.

Martinez violated Rules 1.01(b)(1),1.03(a), 1.03(b), 1.14(a), 1.15(d), 8.04(a)(3),and 8.04(a)(8). She was order to pay$750 in restitution.

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772 Texas Bar Journal • November 2016 texasbar.com

fees and direct expenses.

PRIVATE REPRIMANDS Listed here is a breakdown of Texas

Disciplinary Rules of Professional Con-duct violations for five attorneys, withthe number in parentheses indicatingthe frequency of violation. Please notethat an attorney may be reprimandedfor more than one rule violation.

1.01(b)(1)—for neglecting a legalmatter entrusted to the lawyer (1).

1.03(a)—for failing to keep a clientreasonably informed about the status ofa matter and promptly comply withreasonable requests for information (3).

1.03(b)—for failing to explain amatter to the extent reasonably neces-sary to permit the client to makeinformed decisions regarding represen-tation (1).

1.14(c)—for failing to keep funds orother property in which both the lawyerand another person claim interests sep-arate until there is an accounting andseverance of their interests (1). TBJ

SUSPENSIONS On August 9, 2016, Denver G.

McCarty [#13376570], 70, of Corinth,received a three-year partially probatedsuspension effective September 1, 2016.An evidentiary panel of the District 14Grievance Committee found that inrepresenting the complainant, McCartyfailed to appear at a plea hearing, failedto inform the complainant that his atten-dance was necessary at the plea hearing,and failed to respond to the grievance.

McCarty violated Rules 1.01(b)(1),1.03(a), and 8.04(a)(8). He was orderedto pay $1,500 in restitution and $1,450in attorneys’ fees and expenses.

PUBLIC REPRIMANDS On August 25, 2016, Zenaida Sanchez

[#17573800], 56, of Alice, accepted ajudgment of public reprimand. The Dis-trict 11 Grievance Committee found thatSanchez failed to communicate with aclient.

Sanchez violated Rule 1.03(a). Shewas ordered to pay $800 in attorneys’

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