Sitting for the court: Justice Paul W. Green, Justice Nathan L. Hecht, Chief Justice Wallace B. Jefferson, Justice Phil Johnson, Justice David Medina, Justice Dale Wainwright, Justice Don R. Willett, Justice Scott A. Brister, Justice Harriet O'Neill
In the Matter of Rolando Caballero
from the Board of Disciplinary Appeals
For appellant: Royal K. Griffin, San Antonio
For appellee: Linda A. Acevedo, Austin
The Supreme Court will hear arguments of whether a fully probated felony conviction requires suspension of a lawyer’s license during the probation instead of disbarment. The issue is whether an attorney may be disbarred for a federal mail-fraud conviction when his sentence was fully probated. Under Rule of Disciplinary Procedure 8.05, an attorney convicted of an intentional crime that has become final must be disbarred unless, under Rule 8.06, the board suspends a lawyer for conviction of a serious crime for the length of his probation. Caballero argues that Rule 8.06 is mandatory in a case, like his, of a fully probated sentence.