Preview
FILED
3/1/2022 8:23 AM
FELICIA PITRE
DISTRICT CLERK
1 CIT/ESERVE DALLAS CO., TEXAS
Belinda Hernandez DEPUTY
DC-22-02562
CAUSE NO.
COMMISSION FOR LAWYER § IN THE DISTRICT COURT OF
DISCIPLINE §
§
V. § DALLAS COUNTY, TEXAS
§
SIDNEY POWELL
(File Nos. 202006349, 202006347, 202006393, §
202006599, 202100006, 202100652, §
202101297, 202101300, 202101301, § 116th
202103520) § JUDICIAL DISTRICT
§
§
ORIGINAL DISCIPLINARY PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW the ComMISSION FOR LAWYER DISCIPLINE, Petitioner, and would respectfully
show the following:
I
DISCOVERY CONTROL PLAN
Pursuant to Rules 190.1 and 190.3, Texas Rules of Civil Procedure, Petitioner asserts
discovery in this case is to be conducted under the Discovery Control Plan Level 2 — By Rule.
IL.
PARTIES
The Petitioner is the COMMISSION FOR LAWYER DISCIPLINE, a standing committee of the
State Bar of Texas.
The Respondent, Sidney Powell, State Bar Number 16209700 (Respondent), is an attorney
licensed to practice law in the State of Texas and is a member of the State Bar of Texas Respondent
may be served with citation at 2911 Turtle Creek Blvd Ste 300, Dallas, Texas 75219-6243 or
Original Disciplinary Petition — Powell.
Page | of5
wherever she may be found.
it.
JURISDICTION AND VENUE
The cause of action and the relief sought in this case are within the jurisdictional
requirements of this Honorable Court.
Venue of this case is proper in Dallas County, Texas, pursuant to Texas Rules of
Disciplinary Procedure Rule 3.03, because Dallas County is the county of the Respondent’s
principal place of practice.
Pursuant to Texas Rules of Disciplinary Procedure 3.01 and 3.02, Petitioner requests an
active judge whose district does not include Dallas County, Texas, be assigned to preside in this
case.
Iv.
PROFE: I AL MI DUCT
Petitioner brings this disciplinary action pursuant to the State Bar Act, Tex. Govt. Code Ann.
§81.001 et seq., the Disciplinary Rules of Professional Conduct and the Texas Rules of Disciplinary
Procedure. The complaint, which initiated these proceedings, was filed by Paula Kerry Goldman on
December 2, 2022, Adam Charles Reddick on December 2, 2022, Eric Young on December 4, 2020,
Janet Louise Lachman on December 14, 2022, Robert McWhirter on December 23, 2022, David M.
Rubenstein on January 19, 2021, Dana Nessel on February 5, 2021, Gretchen Whitmer on February
5, 2021, Jocelyn Benson on February 5, 2021, and Paul Steven Zoltan on June 18, 2021.
The acts and omissions of Respondent, as hereinafter alleged, constitute professional
misconduct.
Vv.
Original Disciplinary Petition — Powell.
Page 2 of5
FACTUAL BACKGROUND
Beginning in or about November of 2020 Respondent filed multiple federal lawsuits in
different jurisdictions (including the District Court of Arizona, the Northern District of Georgia, the
Eastern District of Michigan, and the Eastern District of Wisconsin) alleging, inter alia, election
fraud had occurred in the national presidential election in 2020. Respondent had no reasonable basis
to believe the lawsuits she filed were not frivolous. Further, the filing of these lawsuits violated
Federal Rule of Civil Procedure 11.
During the course of the lawsuits, Respondent took positions that unreasonably increased the
costs or other burdens of the cases and unreasonably delayed the resolution of the matters, including,
but not limited to, Respondent’s failure to dismiss the lawsuit filed in the Eastern District of
Michigan when her requested relief was moot.
In the lawsuit styled Pearson v. Kemp, Case No. 1:20-CV-4809 filed by Respondent in the
Northern District of Georgia, Respondent attached a certificate from the Secretary of State that she
purported to the Court was “undated.” The certificate was altered to remove the date, and
Respondent’s statement that the certificate was undated was false.
Respondent was sanctioned by the Eastern District of Michigan for her misconduct.
Vi.
DISCIPLINARY RULES OF PROFESSIONAL CONDUCT VIOLATED
The facts alleged herein constitute a violation of the following Texas Disciplinary Rules of
Professional Conduct:
3.01 - A lawyer shall not bring or defend a proceeding, or assert or controvert an
issue therein, unless the lawyer reasonably believes that there is a basis for doing so
that is not frivolous.
Original Disciplinary Petition — Powell.
Page 3 of5
3.02 - In the course of litigation, a lawyer shall not take a position that unreasonably
increases the costs or other burdens of the case or that unreasonably delays
resolution of the matter.
3.03(a)(1) - A lawyer shall not knowingly: make a false statement of material fact or
law to a tribunal.
3.03(a)(5) - A lawyer shall not knowingly: offer or use evidence that the lawyer
knows to be false.
8.04(a)(3) - A lawyer shall not engage in conduct involving dishonesty, fraud, deceit
or misrepresentation.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Petitioner prays that a judgment of
professional misconduct be entered against Respondent, and that this Honorable Court determine and
impose an appropriate sanction, including an order that Respondent pay reasonable attorneys’ fees,
costs of court and all expenses associated with this proceeding. Petitioner further prays for such
other and additional relief, general or specific, at law or in equity, to which it may show itself
entitled.
Respectfully submitted,
Seana Willing
Chief Disciplinary Counsel
Kristin V. Brady
Assistant Disciplinary Counsel
Rachel Craig
Assistant Disciplinary Counsel
Office of the Chief Disciplinary Counsel
State Bar of Texas
The Princeton
14651 Dallas Parkway, Suite 925
Dallas, Texas 75254
Telephone: (972) 383-2900
Facsimile: (972) 383-2935
E-mail: Kristin.Brady@texasbar.com
Original Disciplinary Petition — Powell.
Page 4 of5
K SOY Bing
Kristin V. Brady
State Bar No. 34082719
ATTORNEYS FOR PETITIONER
Original Disciplinary Petition — Powell.
Page 5 of5
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Brittany Paynton on behalf of Kristin Brady
Bar No. 24082719
brittany.paynton@texasbar.com
Envelope ID: 62313921
Status as of 3/8/2022 9:49 AM CST
Case Contacts
Name BarNumber | Email TimestampSubmitted Status
Brittany Paynton brittany.paynton@texasbar.com | 3/4/2022 1:53:22 PM SENT
Rachel Craig rachel.craig@texasbar.com 3/4/2022 1:53:22 PM SENT
Kristin VBrady kristin.brady@texasbar.com 3/4/2022 1:53:22 PM SENT
Preview
FILED 3/1/2022 8:23 AM FELICIA PITRE DISTRICT CLERK 1 CIT/ESERVE DALLAS CO., TEXAS Belinda Hernandez DEPUTY DC-22-02562 CAUSE NO. COMMISSION FOR LAWYER § IN THE DISTRICT COURT OF DISCIPLINE § § V. § DALLAS COUNTY, TEXAS § SIDNEY POWELL (File Nos. 202006349, 202006347, 202006393, § 202006599, 202100006, 202100652, § 202101297, 202101300, 202101301, § 116th 202103520) § JUDICIAL DISTRICT § § ORIGINAL DISCIPLINARY PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW the ComMISSION FOR LAWYER DISCIPLINE, Petitioner, and would respectfully show the following: I DISCOVERY CONTROL PLAN Pursuant to Rules 190.1 and 190.3, Texas Rules of Civil Procedure, Petitioner asserts discovery in this case is to be conducted under the Discovery Control Plan Level 2 — By Rule. IL. PARTIES The Petitioner is the COMMISSION FOR LAWYER DISCIPLINE, a standing committee of the State Bar of Texas. The Respondent, Sidney Powell, State Bar Number 16209700 (Respondent), is an attorney licensed to practice law in the State of Texas and is a member of the State Bar of Texas Respondent may be served with citation at 2911 Turtle Creek Blvd Ste 300, Dallas, Texas 75219-6243 or Original Disciplinary Petition — Powell. Page | of5 wherever she may be found. it. JURISDICTION AND VENUE The cause of action and the relief sought in this case are within the jurisdictional requirements of this Honorable Court. Venue of this case is proper in Dallas County, Texas, pursuant to Texas Rules of Disciplinary Procedure Rule 3.03, because Dallas County is the county of the Respondent’s principal place of practice. Pursuant to Texas Rules of Disciplinary Procedure 3.01 and 3.02, Petitioner requests an active judge whose district does not include Dallas County, Texas, be assigned to preside in this case. Iv. PROFE: I AL MI DUCT Petitioner brings this disciplinary action pursuant to the State Bar Act, Tex. Govt. Code Ann. §81.001 et seq., the Disciplinary Rules of Professional Conduct and the Texas Rules of Disciplinary Procedure. The complaint, which initiated these proceedings, was filed by Paula Kerry Goldman on December 2, 2022, Adam Charles Reddick on December 2, 2022, Eric Young on December 4, 2020, Janet Louise Lachman on December 14, 2022, Robert McWhirter on December 23, 2022, David M. Rubenstein on January 19, 2021, Dana Nessel on February 5, 2021, Gretchen Whitmer on February 5, 2021, Jocelyn Benson on February 5, 2021, and Paul Steven Zoltan on June 18, 2021. The acts and omissions of Respondent, as hereinafter alleged, constitute professional misconduct. Vv. Original Disciplinary Petition — Powell. Page 2 of5 FACTUAL BACKGROUND Beginning in or about November of 2020 Respondent filed multiple federal lawsuits in different jurisdictions (including the District Court of Arizona, the Northern District of Georgia, the Eastern District of Michigan, and the Eastern District of Wisconsin) alleging, inter alia, election fraud had occurred in the national presidential election in 2020. Respondent had no reasonable basis to believe the lawsuits she filed were not frivolous. Further, the filing of these lawsuits violated Federal Rule of Civil Procedure 11. During the course of the lawsuits, Respondent took positions that unreasonably increased the costs or other burdens of the cases and unreasonably delayed the resolution of the matters, including, but not limited to, Respondent’s failure to dismiss the lawsuit filed in the Eastern District of Michigan when her requested relief was moot. In the lawsuit styled Pearson v. Kemp, Case No. 1:20-CV-4809 filed by Respondent in the Northern District of Georgia, Respondent attached a certificate from the Secretary of State that she purported to the Court was “undated.” The certificate was altered to remove the date, and Respondent’s statement that the certificate was undated was false. Respondent was sanctioned by the Eastern District of Michigan for her misconduct. Vi. DISCIPLINARY RULES OF PROFESSIONAL CONDUCT VIOLATED The facts alleged herein constitute a violation of the following Texas Disciplinary Rules of Professional Conduct: 3.01 - A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless the lawyer reasonably believes that there is a basis for doing so that is not frivolous. Original Disciplinary Petition — Powell. Page 3 of5 3.02 - In the course of litigation, a lawyer shall not take a position that unreasonably increases the costs or other burdens of the case or that unreasonably delays resolution of the matter. 3.03(a)(1) - A lawyer shall not knowingly: make a false statement of material fact or law to a tribunal. 3.03(a)(5) - A lawyer shall not knowingly: offer or use evidence that the lawyer knows to be false. 8.04(a)(3) - A lawyer shall not engage in conduct involving dishonesty, fraud, deceit or misrepresentation. PRAYER WHEREFORE, PREMISES CONSIDERED, Petitioner prays that a judgment of professional misconduct be entered against Respondent, and that this Honorable Court determine and impose an appropriate sanction, including an order that Respondent pay reasonable attorneys’ fees, costs of court and all expenses associated with this proceeding. Petitioner further prays for such other and additional relief, general or specific, at law or in equity, to which it may show itself entitled. Respectfully submitted, Seana Willing Chief Disciplinary Counsel Kristin V. Brady Assistant Disciplinary Counsel Rachel Craig Assistant Disciplinary Counsel Office of the Chief Disciplinary Counsel State Bar of Texas The Princeton 14651 Dallas Parkway, Suite 925 Dallas, Texas 75254 Telephone: (972) 383-2900 Facsimile: (972) 383-2935 E-mail: Kristin.Brady@texasbar.com Original Disciplinary Petition — Powell. Page 4 of5 K SOY Bing Kristin V. Brady State Bar No. 34082719 ATTORNEYS FOR PETITIONER Original Disciplinary Petition — Powell. Page 5 of5 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Brittany Paynton on behalf of Kristin Brady Bar No. 24082719 brittany.paynton@texasbar.com Envelope ID: 62313921 Status as of 3/8/2022 9:49 AM CST Case Contacts Name BarNumber | Email TimestampSubmitted Status Brittany Paynton brittany.paynton@texasbar.com | 3/4/2022 1:53:22 PM SENT Rachel Craig rachel.craig@texasbar.com 3/4/2022 1:53:22 PM SENT Kristin VBrady kristin.brady@texasbar.com 3/4/2022 1:53:22 PM SENT