822 Texas Bar Journal • December 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.

ATTORNEY GRIEVANCES

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STATEWIDE REPRESENTATION

Uresti violated Canons 2A, 2B, and3B(2) of the Texas Code of JudicialConduct and Article V, Section 1-a(6)of the Texas Constitution.

BODA

On October 10, 2016, the Board ofDisciplinary Appeals signed an agreedjudgment of indefinite disability sus-pension against Stafford attorneyRandolph Michael Nacol II[#24042408], 41, in accordance withPart XII of the Texas Rules of Disci-plinary Procedure and Section 8 ofthe Internal Procedural Rules of theBoard of Disciplinary Appeals. BODACause No. 58211.

On October 20, 2016, by agreementthe Board of Disciplinary Appealsrevoked the probation of Tyler attorneyJohn Rex Thompson [#19956150],51, and suspended him from the prac-tice of law for 18 months, beginningNovember 1, 2016, and ending April30, 2018, stayed conditioned upon hiscompliance with the terms and con-ditions in the agreed judgment. On orabout December 8, 2015, EvidentiaryPanel 2-4 of the District 2 GrievanceCommittee signed two judgments ofpartially probated suspension in causes201402358 and 201403357 againstThompson. The judgments found thatThompson committed professionalmisconduct by violating the TexasDisciplinary Rules of ProfessionalConduct and suspended him from thepractice of law for 19 months withthe last 18 months of the suspensionprobated on certain terms and condi-tions. The Board of DisciplinaryAppeals found that Thompson mate-rially violated the terms and condi-tions of both judgments of probatedsuspension. BODA Cause No. 58071.

On October 18, 2016, the Board ofDisciplinary Appeals signed an order

dismissing as moot the petition forrevocation of probation of Ruidoso,New Mexico, attorney Michelle Rene’eMladek [#24046455], 51. On or aboutFebruary 18, 2015, Mladek received atwo-year fully probated suspensionfrom the practice of law and a publiccensure from the Supreme Court ofNew Mexico in No. 32,554, In theMatter of Michelle Renee Mladek, Esquire,An Attorney Licensed to Practice LawBefore the Courts of New Mexico. OnMay 4, 2015, the Board of Discipli-nary Appeals suspended her from thepractice of law in Texas for two years,beginning May 4, 2015. The suspen-sion was deferred, and she was placedon probation for two years in BODACase No. 55906. On May 9, 2016, theSupreme Court of New Mexicoentered an order revoking her deferredsuspension and indefinitely suspendedher from the practice of law in NewMexico for a minimum of 12 months.The Supreme Court of Texas acceptedMladek’s resignation in lieu of disci-pline by Misc. Docket No. 16-9149.BODA Cause No. 58072.

DISBARMENTS

On October 31, 2016, Jose AngelBecerra [#24026790], 42, of Laredo,accepted his disbarment effectiveNovember 1, 2016. The District 12Grievance Committee found thatBecerra failed to respond to a grievancein a timely fashion.

Becerra violated Rule 8.04 (a)(8).He was ordered to pay $6,500 in resti-tution and $9,000 in attorneys’ feesand direct expenses.

On September 13, 2016, Gerald L.Bolfing [#02574850], 54, of Waco,received a default judgment of disbar-ment. An evidentiary panel of theDistrict 8 Grievance Committeefound that Bolfing was hired todefend a client in a personal injury

JUDICIAL ACTIONS

To read the entire public sanctions, goto scjc.texas.gov.

On October 26, 2016, the StateCommission on Judicial Conductissued a public warning to KennethBryan Jeanes, county judge in Quit-man, Wood County. Jeanes violatedCanon 2A of the Texas Code of Judi-cial Conduct and Article V, Section1-a(6)A of the Texas Constitution.

On October 11, 2016, the StateCommission on Judicial Conduct issueda public reprimand and order of addi-tional education to Yolanda Uresti,justice of the peace of precinct 4, place2 in San Antonio, Bexar County.

texasbar.com/tbj Vol. 79, No. 11 • Texas Bar Journal 823

lawsuit. After filing an answer, Bolf-ing performed no legal services in thecase and did not communicate suffi-ciently with his client. Due to Bolf-ing’s neglect, a $2 million defaultjudgment was entered against theclient. In a second matter, Bolfingwas hired to represent his client in awrongful death lawsuit. After filingan answer, he neglected the case anddid not communicate sufficientlywith the client. Bolfing was givennotice of the complaint by the Officeof Chief Disciplinary Counsel butfailed to furnish a written response tothe complaint as directed.

Bolfing violated Rules 1.01(b)(1),1.03(a), and 8.04(a)(8) and ArticleX, Section 9 of the State Bar Rules.He was ordered to pay $9,892.33 inrestitution and $3,542.77 in attorneys’fees and direct expenses.

On September 20, 2016, the SupremeCourt of Texas accepted the resigna-tion in lieu of discipline of StephenM. Jackson [#10496450], 61, of Irv-ing. At the time of Jackson’s resigna-tion, there were nine pendingcomplaints against him that allegedneglect of legal matters; failure tokeep clients reasonably informedabout the status of their legal mattersand to promptly comply with reason-able requests for information; failureto explain a matter to the extent rea-sonably necessary to permit the clientto make informed decisions about thelegal matter; failure to hold a client’sfunds separate from his own property;failure to promptly deliver funds orproperty that the client or third partywas entitled to receive; failure torefund advance payments of fees thathad not been earned; engaging inconduct involving dishonesty, fraud,deceit, or misrepresentation; failureto respond to grievances; and engag-ing in the practice of law when hisright to practice had been suspended.

Jackson allegedly violated Rules1.01(b)(1), 1.03(a), 1.03(b), 1.14(a),1.14(b), 1.15(d), 8.04(a)(3), 8.04(a)(8),

restitution and $10,000 in attorneys’fees and direct expenses.

On September 1, 2016, Jose AngelBecerra [#24026790], 42, of Laredo,accepted a one-year active suspensioneffective September 1, 2016. The Dis-trict 12 Grievance Committee foundthat Becerra neglected a client’s matter.

Becerra violated Rule 1.01(b)(1).He was ordered to pay $500 in attorneys’fees and direct expenses.

On September 22, 2016, MariaDamisela Chavira-Brown [#24045190],51, of San Antonio, accepted a nine-month fully probated suspensioneffective January 1, 2017. The Dis-trict 10 Grievance Committee foundthat Chavira-Brown failed to commu-nicate with her client.

Chavira-Brown violated Rule 1.03(b).She was ordered to pay $1,000 in

and 8.04(a)(11).

RESIGNATIONS

On October 18, 2016, the SupremeCourt of Texas accepted the resigna-tion in lieu of discipline of MichelleRene’e Mladek [#24046455], 51, ofRuidoso, New Mexico. At the time ofMladek’s resignation, a disciplinarymatter was pending against her.Mladek accepted employment in animmigration matter that she knew orshould have known was beyond hercompetence and then frequentlyfailed to carry out obligations to herclient in that matter. Mladek furtherfailed to furnish a written response tothe complaint as directed.

Mladek violated Rules 1.01(a),1.01(b)(2), and 8.04(a)(8).

On September 20, 2016, theSupreme Court of Texas accepted theresignation in lieu of discipline ofHouston C. Munson III [#14672300],57, of Gonzales. At the time of resig-nation, there were two disciplinaryactions pending alleging Munson failedto keep a client reasonably informed,failed to return unearned fees, violatedthe terms of a prior disciplinary judg-ment, and improperly represented aclient in a matter adverse to a formerclient.

Munson violated Rules 1.03(a),1.09(a)(2), 1.15(d), and 8.04(a)(7).

SUSPENSIONS

On September 12, 2016, EdgardoRafael Baez [#24048334], 46, of SanAntonio, accepted a five-year fullyprobated suspension effective Septem-ber 1, 2016. The District 10 GrievanceCommittee found that Baez failed tokeep clients reasonably informed,failed to hold client’s funds in trust,failed to promptly notify and delivertrust funds to third parties, failed toreturn client’s files, and engaged inconduct involving misrepresentation.

Baez violated Rules 1.03(a), 1.14(a),1.14(b), 1.15(d), and 8.04(a)(3). Hewas ordered to pay $58,891.83 in

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824 Texas Bar Journal • December 2016 texasbar.com

of Dallas, received an agreed judg-ment of fully probated suspension.An evidentiary panel of the District14 Grievance Committee found thaton February 1, 2014, the complainanthired Fleming-Hughes to representhim in a personal injury matter. Thecomplainant signed a contingency-feeagreement. On or about September 2,2014, Fleming-Hughes settled thecomplainant’s case for approximately$50,000. Fleming-Hughes failed topromptly notify the complainant uponreceiving a settlement check in whichthe complainant had an interest. Fur-thermore, Fleming-Hughes failed topromptly deliver to the complainantthe funds that the complainant wasentitled to receive under the settlement.

Fleming-Hughes violated Rule 1.14(b).He was ordered to pay $2,000 inattorneys’ fees and direct expenses.

On September 13, 2016, Gina LynnGiblin [#00787532], 49, of Dallas,received a one-year fully probated sus-pension effective September 1, 2016.Giblin failed to respond to threegrievances. Additionally, Giblin neg-lected the legal matters entrusted toher and failed to communicate withthe clients. Additionally, in the thirdgrievance, Giblin failed to withdrawfrom representing the complainantafter becoming administratively sus-pended from the practice of law.

Giblin violated Rules 1.01(b)(1),1.03(a), 1.15(a)(1), and 8.04(a)(8).She was ordered to pay $1,500 inrestitution and $1,000 in attorneys’fees and direct expenses.

On September 13, 2016, JesusGabriel Hernandez [#24054437], 36,of Austin, accepted a judgment of two-year partially probated suspension effec-tive October 1, 2016, with the first fivemonths actively served and the remain-der probated. An evidentiary panel ofthe District 9 Grievance Committeefound that while representing a clientin a criminal case, Hernandez requesteda personal bond from the complainant,

fees and direct expenses.

On July 29, 2016, Frank A. DenenaII [#00785815], 58, of Franklin, receiveda six-year partially probated suspen-sion, with the first five years activelyserved and the remainder probated.An evidentiary panel of the District 8Grievance Committee found that thecomplainant hired Denena to repre-sent him in connection with a childsupport enforcement matter. Duringthe representation, Denena failed tonotify the complainant that requestsfor production had been propoundedon him and failed to file any responseto the discovery request. Denena alsofailed to notify the complainant ofthree scheduled depositions. As a resultof Denena’s failure to respond to dis-covery or appear for depositions, deathpenalty sanctions and monetary sanc-tions in the amount of $4,073.73 wereimposed against the complainant.During the representation, Denenafailed to promptly comply with rea-sonable requests for information fromthe complainant and failed to keepthe complainant reasonably informedabout the status of his case. Subse-quently, the complainant sent Denenaan email wherein the complainantfired Denena and requested thereturn of his file. Denena failed toreturn the file. Denena did notinform the complainant of a June 23,2014, hearing. Neither Denena northe complainant appeared at thehearing where a judgment confirmingmedical arrears, attorneys’ fees, andfor security was signed by the judge.Denena then failed to inform thecomplainant of the judgment. Denenaalso failed to furnish a written re-sponse to the complaint as directed.

Denena violated Rules 1.01(b)(1),1.03(a), 1.15(d), 8.04(a)(1), and8.04(a)(8). He was ordered to pay$12,009.04 in attorneys’ fees anddirect expenses.

On September 6, 2016, David C.Fleming-Hughes [#07134500], 63,

attorneys’ fees and direct expenses.

On October 20, 2016, ElizabethA. Darnall [#18577100], 67, of Dal-las, received a 30-month partiallyprobated suspension effective No-vember 1, 2016, with the first yearactively served and the remainderprobated. An evidentiary panel of theDistrict 6 Grievance Committeefound that Darnall was administra-tively suspended from the practice oflaw as of November 30, 2004. Since2004, Darnall has filed nine separatepersonal bankruptcies that have allbeen dismissed because of her failureto properly prosecute the cases in oneform or another. In her ninth personalbankruptcy case, Darnall failed to dis-close to the court any of her previousbankruptcies.

Darnall violated Rule 3.03(a)(1).She was ordered to pay $500 in attorneys’

DISCIPLINARY ACTIONS

Two Riverway, Suite 1080Houston, Texas 77056

texasbar.com/tbj Vol. 79, No. 11 • Texas Bar Journal 825

their knowledge or permission. Jackson violated Rules 1.03(a) and

8.04(a)(3). He was ordered to pay$2,600 in attorneys’ fees and directexpenses.

On October 17, 2016, David AllanKrueger [#24025940], 48, of Okla-homa City, Oklahoma, agreed to a24-month partially probated suspensioneffective October 15, 2016, with thefirst 18 months actively served andthe remainder probated. An evidentiarypanel of the District 1 GrievanceCommittee found that Krueger engagedin conduct involving dishonesty, fraud,deceit, or misrepresentation.

Krueger violated Rule 8.04(a)(3).He was ordered to pay $4,000 inattorneys’ fees and direct expenses.

On August 9, 2016, Denver G.McCarty [#13376570], 70, of Corinth,received a three-year partially probatedsuspension effective September 1,2016, with the first five monthsactively served and the remainderprobated. An evidentiary panel of theDistrict 14 Grievance Committeefound that in representing the com-plainant, McCarty failed to appear ata plea hearing, failed to inform thecomplainant that his attendance wasnecessary at the plea hearing, andfailed to respond to the grievance.

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

On September 20, 2016, Laura GayleNelson [#14903550], 57, of Seguin,accepted a 186-day fully probated sus-pension. The District 15 GrievanceCommittee found that Nelson failedto communicate with a client.

Nelson violated Rule 1.03(a). Shewas ordered to pay $1,200 in attorneys’fees and direct expenses.

On October 4, 2016, FidelisChiemezie Nwaozuzu [#24038035],53, of Dallas, agreed to a one-year

fully probated suspension effectiveOctober 1, 2016. The District 6Grievance Committee found that onMay 9, 2012, the complainant hiredNwaozuzu in connection with a per-sonal injury matter. After the casesettled, Nwaozuzu failed to hold fundsbelonging to the complainant sepa-rate from Nwaozuzu’s own property.

Nwaozuzu violated Rule 1.14(a).He was ordered to pay $700 in attor-neys’ fees and direct expenses.

On August 30, 2016, James StephenSustaita [#24013596], 49, of Austin,received a one-year fully probatedsuspension. An evidentiary panel ofthe District 9 Grievance Committeefound that Sustaita was hired inAugust 2008 to represent the com-plainant on charges of minor in pos-session and minor in consumption.Sustaita neglected the case and,

a municipal court magistrate. The com-plainant granted the personal bond butincluded pre-trial conditions. Hernan-dez altered the bond form by scratchingout the box checked. He then submit-ted the altered document, without theconditions order form, so that the clientwas allowed out on bond without theconditions.

Hernandez violated Rules 8.04(a)(2)and 8.04(a)(3). He was ordered to pay$1,050 in attorneys’ fees and directexpenses.

On September 1, 2016, Gary W.Inmon [#00789393], 49, of Schertz,accepted a one-year active suspensioneffective November 1, 2016. The Dis-trict 10 Grievance Committee foundthat Inmon failed to carry out com-pletely the obligations owed to a client,failed to keep the client reasonablyinformed, and upon termination,failed to return unearned fees.

Inmon violated Rules 1.01(b)(2),1.03(a), 1.03(b), and 1.15(d). He wasordered to pay $1,500 in attorneys’fees and direct expenses.

On October 13, 2016, RayshunJackson [#00797754], 47, of Dallas,agreed to a 24-month partially pro-bated suspension effective November15, 2016, with the first six monthsactively served and the remainderprobated. An evidentiary panel of theDistrict 6 Grievance Committeefound that on July 30, 2011, the com-plainants hired Jackson to representthem in connection with a civil mat-ter. Jackson failed to keep the com-plainants reasonably informed aboutthe status of their civil matter andfailed to promptly comply with rea-sonable requests for information fromthe complainants about the matter.During representation of the com-plainants, Jackson engaged in con-duct involving dishonesty, fraud,deceit, or misrepresentation by know-ingly signing the complainants’ and anotary public’s signatures on discov-ery responses and affidavits without

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826 Texas Bar Journal • December 2016 texasbar.com

bated. An evidentiary panel of the Dis-trict 4 Grievance Committee foundthat Wasserstein neglected his client’smatter, failed to keep his client reason-ably informed about her case, and fur-ther failed to promptly comply with hisclient’s reasonable requests for informa-tion. Wasserstein also failed to respondto the grievance.

Wasserstein violated Rules 1.01(b)(1),1.03(a), and 8.04(a)(8). He was orderedto pay $1,000 in attorneys’ fees anddirect expenses.

PUBLIC REPRIMANDS On October 4, 2016, Timothy

Edward Baker [#24050247], 49, ofAllen, received an agreed judgmentof public reprimand. An evidentiarypanel of the District 1 GrievanceCommittee found that on January 5,2015, the complainant hired Baker tohandle a real property matter. Baker

frequently failed to carry out the obli-gations he owed to the complainantin that he continually failed to file adisclaimer of grant of real property inher matter for close to a year. Duringthe course of the representation, Bakerfailed to keep the complainant rea-sonably informed about the status ofher legal matter and failed to promptlycomply with reasonable requests forinformation from the complainant.

Baker violated Rules 1.01(b)(2)and 1.03(a). He was ordered to pay$488.25 in attorneys’ fees and directexpenses.

On October 6, 2016, FernandoDubove [#06145150], 56, of Dallas,received an agreed judgment of publicreprimand. An evidentiary panel ofthe District 6 Grievance Committeefound that in 2011, the complainanthired Dubove to represent him in animmigration matter. In representingthe complainant, Dubove neglectedthe legal matter entrusted to him byfailing to file the filing fee receiptwith complainant’s Form I-601 (waiverfor ground of inadmissibility) as orderedby the immigration court.

Dubove violated Rule 1.01(b)(1).He was ordered to pay $2,500 in resti-tution and $488.25 in attorneys’ feesand direct expenses.

On September 6, 2016, David C.Fleming-Hughes [#07134500], 63, ofDallas, received an agreed judgment ofpublic reprimand. An evidentiarypanel of the District 14 GrievanceCommittee found that in November2013, two of Fleming-Hughes’ clientswere involved in an automobile acci-dent and signed a contract for legalservices with Fleming-Hughes’ lawfirm. During the course of the repre-sentation, Fleming-Hughes’ clientscommunicated with Fleming-Hughes’non-lawyer assistant regarding the sta-tus of their respective personal injurycases. During this time, Fleming-Hughes’ non-lawyer assistant failed toinform Fleming-Hughes of his clients’

beginning in late 2013, repeatedlyfailed to respond to the complainant’srequests for information regarding thestatus of his case. In June 2014, Sustaitaspoke to an assistant city attorney whoproposed a plea offer that was agreeableto the complainant. The paperworkwas sent to Sustaita to complete, butSustaita failed to return the paperworkto the prosecutor. Sustaita also failedto furnish a written response to thecomplaint as directed.

Sustaita violated Rules 1.01(b)(1),1.03(a), 8.04(a)(1), and 8.04(a)(8).He was ordered to pay $2,956.24 inattorneys’ fees and expenses.

On September 2, 2016, Brent Mar-shall Wasserstein [#24039234], 41, ofHouston, accepted a two-year partiallyprobated suspension effective October1, 2016, with the first three monthsactively served and the remainder pro-

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texasbar.com/tbj Vol. 79, No. 11 • Texas Bar Journal 827

the District 4 Grievance Committeefound that in representing his client,Sweny neglected the legal matterentrusted to him, failed to keep hisclient reasonably informed about thestatus of the legal matter and to com-ply with reasonable requests for infor-mation, and failed to timely furnishto the Office of Chief DisciplinaryCounsel a response or other informa-tion as required by the Texas Rules ofDisciplinary Procedure.

Sweny violated Rules 1.01(b)(1),1.03(a), and 8.04(a)(8). He was orderedto pay $750 in restitution and $610 inattorneys’ fees and direct expenses.

On September 8, 2016, DerekRobert Van Gilder [#20494900], 66,of Bastrop, accepted a public repri-mand. An evidentiary panel of theDistrict 8 Grievance Committeefound that while representing a clientin her personal affairs, Van Gilder alsorepresented her company. In January2009, the client set up a trust for thebenefit of her only child. In mid-July2014, at the client’s request, VanGilder drafted a second amendment tothe trust. In the summer of 2014, dis-putes about the client’s mental condi-tion arose and an application forappointment of guardian of the personand estate was filed. On August 5,2014, the client executed the secondamendment to the trust. This amend-ment appointed Van Gilder co-trusteeof the trust and also appointed VanGilder successor trustee should theclient become incapacitated. Then, onAugust 26, 2014, Van Gilder drafted,at the client’s request, and the clientexecuted a new power of attorneynaming Van Gilder her power of attor-ney and revoking her former power ofattorney. On November 11, 2014, amedical doctor diagnosed the clientwith dementia and determined thatshe is without capacity to care for her-self or to manage her property.

Van Gilder violated Rule 1.06(b)(2).He was ordered to pay $5,000 inattorneys’ fees and direct expenses. TBJ

concerns regarding the representation.Fleming-Hughes, having direct super-visory authority over his non-lawyerassistant, had the obligation to makereasonable efforts to ensure that thenon-lawyer’s conduct was compatiblewith the professional obligations ofFleming-Hughes. Fleming-Hughes per-mitted his non-lawyer assistant’s con-duct and failed to take reasonableremedial action to avoid or mitigate theconsequences of the conduct. Fleming-Hughes’ non-lawyer assistant’s conductwould be a violation of the rules ofprofessional conduct if engaged in bya lawyer.

Fleming-Hughes violated Rule 5.03.He was ordered to pay $2,000 inattorneys’ fees and direct expenses.

On September 22, 2016, Taft LavonFoley [#24039890], 43, of Houston,received an agreed judgment of publicreprimand. The 157th District Court ofHarris County found that Foley com-mitted professional misconduct byfailing to fulfill the requirements for acontingent fee agreement and failingto ensure that the conduct of a non-lawyer under his direct supervisoryauthority was compatible with his pro-fessional obligations.

Foley violated Rules 1.04(d) and5.03(a). He was ordered to pay$2,984.12 in attorneys’ fees and directexpenses.

On October 18, 2016, Kelly LeeNewman [#14961000], 73, of TheWoodlands, received an agreed judg-ment of public reprimand. An eviden-tiary panel of the District 3 GrievanceCommittee found that in representinga client, Newman neglected the legalmatter entrusted to him.

Newman violated Rule 1.01(b)(1).He was ordered to pay $500 in attorneys’fees.

On October 5, 2016, Jason MichaelSweny [#24072380], 41, of Houston,received an agreed judgment of publicreprimand. An evidentiary panel of

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