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Keywords

attorneylawyerappealregulation

litigationlawyerappealappellant

Related Cases

Howell v. State Bar of Texas, 843 F.2d 205

Facts

Charles Ben Howell appealed a judgment from the United States District Court for the Northern District of Texas, which upheld the constitutionality of the Texas disciplinary scheme for attorneys. This case stemmed from Howell's previous complaints regarding the disciplinary proceedings against him, which he argued violated the United States Constitution. The Court of Appeals had previously reversed a dismissal of Howell's complaint, leading to a remand for further consideration of the disciplinary scheme's validity.

Recitals of the facts giving rise to this much-protracted litigation may be found in Howell v. State Bar of Texas, 674 F.2d 1027, 1028–29 (5th Cir.1982) (Howell I), vacated, 460 U.S. 1065, 103 S.Ct. 1515, 75 L.Ed.2d 942 (1983), Howell v. State, 559 S.W.2d 432 (Tex.Civ.App.1977, writ ref'd n.r.e.), and Ex parte Howell, 488 S.W.2d 123 (Tex.Crim.App.1972).

Issue

Is the Texas disciplinary rule prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice unconstitutionally overbroad or vague?

The Court of Appeals, Van Graafeiland, Circuit Judge, sitting by designation, held that Texas disciplinary rule prohibiting lawyer from engaging in conduct that is prejudicial to administration of justice is not unconstitutionally overbroad or vague.

Rule

The court applied the principle that disciplinary rules for attorneys must be clear and not infringe upon constitutional rights, while also recognizing the inherent power of courts to regulate attorney conduct.

DR 1–102(A)(5) provides in pertinent part that a lawyer shall not '[e]ngage in conduct that is prejudicial to the administration of justice.'

Analysis

The court analyzed the Texas disciplinary rule in light of its historical context and the established role of attorneys as officers of the court. It concluded that the rule was not overbroad or vague, as it was consistently applied to ensure that attorneys conduct themselves in a manner that upholds the integrity of the judicial process. The court emphasized that the regulation is aimed at maintaining the administration of justice and that attorneys, as professionals, have the necessary guidance to understand and comply with the rule.

Under such circumstances, we find no merit in appellant's claim of overbreadth. Overbreadth is 'strong medicine,' which 'has been employed … sparingly and only as a last resort,'….

Conclusion

The court affirmed the district court's judgment, concluding that the Texas disciplinary rule is constitutionally valid and does not violate the rights of attorneys.

The judgment of the district court is AFFIRMED.

Who won?

The State Bar of Texas prevailed in the case, as the court upheld the constitutionality of the disciplinary rule, affirming that it serves a legitimate purpose in regulating attorney conduct.

We affirm.

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