ACCEPTED
14-14-00470-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
4/24/2015 11:45:44 AM
CHRISTOPHER PRINE
CLERK
No. 14-14-00470-CV
FILED IN -
IN THE COURT OF APPEALS FOR THE14th COURT --
OF--APPEALS --
HOUSTON, - - ---- TEXAS
FOURTEENTH DISTRICT OF TEXAS 4/24/2015 - TW ----AM
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CHRISTOPHER -- A. PRINE
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---- Clerk
BOB BENNETT A/K/A ROBERT S. BENNETT
APPELLANT
V. RECEIVED IN
14th COURT OF APPEALS
COMMISSION FOR LAWYER DISCIPLINE HOUSTON, TEXAS
4/24/2015 11:45:44 AM
APPELLEE CHRISTOPHER A. PRINE
Clerk
FROM THE 334TH JUDICIAL DISTRICT COURT
OF HARRIS COUNTY
TRIAL COURT CAUSE NO. 2013-56866
REQUEST OF AMICUS CURIAE, ATTORNEY DAN NARANJO
I am writing this Amicus Brief in support of Bob Bennett who was recently
disbarred by a District judge at the conclusion of a truncated trial. Throughout my
legal career I have served as President of the San Antonio Bar Association; as well
as both the Board of Directors' Executive Committee of the State Bar of Texas, the
Commission for Lawyer Discipline, and numerous other appointments within the
legal field.
In my experience, Mr. Bennett has been a forthright and just attorney. In the
last 35 years, we have worked on cases against each other and with each other in a
professional capacity on several occasions. In my experience he has always treated
clients with respect and professionalism. His law firm is an example of excellence
as well as diversity.
I am given to understand that Mr. Bennett, in his forty years of practice, has
never had a private or public reprimand. He served as an Assistant United States
Attorney for the Western District of Texas, San Antonio and appeared before me
during my service as a U.S. Magistrate judge; he was the President of the
University of Houston Law Center Alumni Association, and I have visited his
home and office and I believe him to be a man of good character and very involved
in his community and profession. He has lectured for State Bar CLEs on numerous
occasions. The Justice for Children Foundation has recognized him for his
generous support to victims of child abuse and his outstanding leadership in the
community. He has further been very active in interfaith matters and is the chair
for the Peace Garden Project in Houston, whose goal is to build a nature park for
interfaith dialogue and understanding.
Having observed the trial, I found it particularly disturbing that Mr. Bersch
did not call a single witness or produce any evidence during the punishment
hearing. Inasmuch, it is unusual (and unadvisable) for an attorney with no
disciplinary record to receive disbarment despite the commission's
recommendation for probation. It is my most sincere concern that our grievance
process MUST appear fair. In order for lawyers in our state to continue to thrive,
they must feel that the grievance system is set up for fairness to the profession at-
large as well as the general public- not to manipulate the rules, punish haphazardly
or to carry out personal vendettas. If the latter is going to be the case, we can only
expect that in the future lawyers will reject the disciplinary process and the
legislature will be forced to take these disciplinary matters into their own hands.
Based on my understanding of the case, disbarment is a punishment far
beyond what this lapse in judgment deserves. I would agree with the former
Chairwoman of the Rules Committee and other experts for Mr. Bennett that the
two rules cited by the OCDC were not violated by Mr. Bennett. Ultimately, this
situation is not a reflection of his ability or worth as attorney, but rather it is an
aberration in an otherwise spotless record. If the purpose of our disciplinary
process is to protect the public and ensure that lawyers continue to carry out
justice, a disservice has been made on a fundamental level by disbarring Bob
Bennett. I urge you to reconsider his punishment.
I have also had the opportunity to note that the website, www.ocdc-
revealed.com, is where the trial transcript and the Court’s Record have been
published. Also on this site are the numerous Amicus Briefs including one signed
by over 1,000 +Texas Attorneys, and former Judges who by their
signatures appear to reflect the concerns I have raised about this trial. You will
also see over 166 Client reviews about Mr. Bennett and 40 peer reviews from
Texas Attorneys. These numbers are impressive. Additionally, over 100
additional Texas Lawyers, Judges, and citizens concerned about our judicial
system have posted letters and statements about this disbarment. You will note that
these letters include 10 witnesses including myself who observed the trial and
opined about what happened. I would urge the Court to consider these factors in
reaching a fair result in this matter.
Respectfully Submitted,
/s/ Dan Naranjo
Dan Naranjo
State Bar No. 14804000
The Law Office of Dan A. Naranjo, P.C.
12951 Huebner Road #781828
San Antonio, Texas 78230
Phone: (210) 344-9823
Fax: (210) 764-1831
Email: Dan.Naranjo@gmail.com
CERTIFICATE OF COMPLIANCE
I certify that the foregoing brief is in compliance with Texas Rule of
Appellate Procedure 9.4 because it contains less than 15,000 words and has been
prepared in a proportionally spaced typeface using Microsoft Word in 14-point
Times New Roman font and meets the typeface requirements.
/s/ Dan Naranjo
Dan Naranjo
CERTIFICATE OF SERVICE
I certify that on April 24th, 2015 a true and correct copy of the foregoing was
served on all parties of the above captioned case via efile.
/s/ Dan Naranjo
Dan Naranjo