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6 STATE BAR OF TEXAS TO: FROM: Board of Directors Brian Miller Chair of the State Bar of Texas Appeals-Grant Subcommittee DATE: September 8, 2016 SUBJECT: TBLS Appeals APPEALS FROM DECISIONS OF THE TEXAS BOARD OF LEGAL SPECIALIZATION Appellant: Christopher L. Graham TBLS Decision: Application for certification denied. Summary: The Subcommittee met by teleconference on Thursday, September 8, 2016 to consider the appeal of Christopher L. Graham concerning the denial by the Texas Board of Legal Specialization (TBLS) of his application for certification in criminal law. TBLS denied Mr. Graham s application under Section III.A.3 of the Standards for Certification providing that TBLS may deny certification upon a finding that an applicant or board certified attorney has engaged in professional misconduct or upon notice of a pending disciplinary investigation concerning the applicant. In his application, Mr. Graham reported three just cause findings pending with the State Bar Chief Disciplinary Counsel s office. Mr. Graham appealed the decision of TBLS on the grounds that the disciplinary actions have not been finalized, that he meets the qualifications for certification, and that the decision smacks of racism. Mr. Graham appeared by telephone. Mr. Figueroa, Executive Director of TBLS, appeared on behalf of TBLS. The Subcommittee, applying the substantial evidence standard, unanimously determined that the record supported the denial of Mr. Graham s application under Section III.A.3 of the Standards for Certification. Subcommittee Recommendation: That the decision of the Texas Board of Legal Specialization denying Christopher L. Graham s application for certification in Criminal Law be upheld.
7 Appellant: Laura S. Hayes TBLS Decision: Application for certification denied. Summary: The Subcommittee met by teleconference on Thursday, September 8, 2016 to consider the appeal of Laura S. Hayes concerning the denial by the Texas Board of Legal Specialization (TBLS) of her application for certification in family law. Ms. Hayes appeared by telephone. Mr. Figueroa appeared on behalf of TBLS. Ms. Hayes application cited unusual or exceptional experience in lieu of meeting the task requirements listed in the specific area requirements for family law certification. TBLS determined that Ms. Hayes experience and the cases cited was not equivalent to the requirements and that Ms. Hayes did not demonstrate sufficient experience in contested final trials handled as lead counsel, experience in property division, and contested family law matters handled as lead counsel. Ms. Hayes argued that her experience met the specific requirements, and included additional evidence and documentation. The Subcommittee, applying the substantial evidence standard, unanimously determined that reasonable evidence existed in the record to support the decision of TBLS. Subcommittee Recommendation: That the decision of the Texas Board of Legal Specialization denying Laura S. Hayes application for certification in Family Law be upheld. Appellant: Sandre Streete Moncriffe TBLS Decision: Application for certification denied. Summary: The Subcommittee met by teleconference on Thursday, September 8, 2016 to consider the appeal of Sandre Streete Moncriffe concerning the denial by the Texas Board of Legal Specialization (TBLS) of her application for certification in family law. Ms. Moncriffe appeared by telephone. Mr. Figueroa appeared on behalf of TBLS. Ms. Moncriffe s application cited unusual or exceptional experience in lieu of meeting the task requirements listed in the specific area requirements for family law certification. TBLS determined that Ms. Moncriffe s experience and the cases cited was not equivalent to the requirements. Specifically, TBLS found that Ms. Moncriffe did not demonstrate sufficient experience in property division. 2
8 Ms. Moncriffe argued that the totality of her experience in the area of family law should weigh in favor of granting the application. The Subcommittee, applying the substantial evidence standard, determined by a vote of 4 to 1 that reasonable evidence existed in the record to support the decision of TBLS. Subcommittee Recommendation: That the decision of the Texas Board of Legal Specialization denying Sandre Streete Moncriffe s application for certification in Family Law be upheld. 3
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