Bellino v. Comm'n for Lawyer Discipline

In Bellino v. Comm'n for Lawyer Discipline, 124 S.W.3d 380 (Tex. App.--Dallas 2003, pet. denied), an appeal of a disbarment order, the appellant complained that the trial court erred by permitting the Commission for Lawyer Discipline's witnesses to testify over objection when they were disclosed only two to three weeks before trial. Bellino, 124 S.W.3d at 383-84. The Court concluded the record supported a finding of lack of unfair surprise and that the trial court did not abuse its discretion by permitting the Commission's witnesses to testify. Id. at 384. The Court based this conclusion on two observations. First, most of the witnesses were the complainants on the grievances at issue. And second, considerable process is due to a respondent attorney before the Commission can file an action in district court, including the opportunity to respond to a complaint, and the opportunity for the attorney and the complainants to appear at a hearing before an investigatory panel. Id.