Petition for Writ of Certiorari — Gatewood A. Walden, Petitioner v. The Disciplinary Board of the Alabama State Bar

Supreme Court briefMay 8, 2024

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IN THE SUPREME COURT OF THE UNITED

STATES

GATEWOOD A. WALDEN,

Petitioner,

v.

THE DISCIPLINARY BOARD OF THE ALABAMA

STATE BAR ASSOCIATION, A STATE

REGULATORY AGENCY OF THE STATE OF

ALABAMA

Respondent.

On Petition for Writ of Certiorari to the Alabama

Supreme Court

GATEWOOD A. WALDEN, Pro se

3521 Forest Brook Lane

Montgomery, Alabama 36116

334-590-2544

QUESTIONS PRESENTED

Whether, in Petitioner’s appeal, the Alabama

Supreme Court justices violated his rights under the

equal protection clause of the Eighth Amendment to the

U. S. Constitution by failing to follow the appellate

court’s binding precedent which had previously

reversed a lower court’s ruling that found the

Disciplinary Hearing Officer did not comply with Ride

4.2 (b) (6), Ala. Rides Dis. P. in his Report and Order.

II.

Whether, by affirming a lower court’s decision,

the

Alabama

Supreme

Court

justices

violated

Petitioner’s rights under the Eighth Amendment to the

U. S. Constitution since a state regulatory agency’s

decision revoking his business license was unlawful or

void for the reason that the Disciplinary Hearing Officer

faded to comply with the requirements of Rule 4.2

(b)(6), Ala. Rules Dis. P. and Alabama Supreme Court

precedent in Cooner v. Ala. State Bar Assoc.. (2013)

109044, 1111340, 59 So. 3d 37) by omitting to make

specific findings of fact and conclusions of law?

III.

r

Whether, the Alabama Supreme Court justices

erred and violated Petitioner’s rights under the Eighth

Amendment to the U. S. Constitution when (after

forty-six (46) years of exemplary personal and

professional conduct, a life-long law abiding

citizen, twenty-eight years of honorable military

service, and no prior ethics complaints or

violations) the justices affirmed a state regulatory

agency decision to permanently revoked Petitioner’s

business license for allegedly violating three benign

ethics rules, ethic’s rules not involving immorality,

corruption, dishonesty, or criminality?

IV.

Whether, in Petitioner’s appeal, the Alabama

Supreme Court justices violated his rights under the

Sixth Amendment to the U. S. Constitution by affirming

a state regulatory agency decision revoking his law

license even though the Disciplinary Hearing Officer’s

Report and Order failed to include finding of facts of

specific or clearly defined personal misbehavior or

professional misconduct that he had purportedly

engaged in?

V.

ii

Whether, in Petitioner’s appeal, the Alabama

Supreme Court justices violated his rights under the

Eighth and Sixth Amendments to the U. S. Constitution

by affirming a state regulatory agency decision to

revoke Petitioner’s law license in spite of the fact that it

had lost jurisdiction of the disciplinary proceeding

thirty (30) days after entry of its original final judgment

which prevented it from replacing the prior final

judgment with an out-of-time

second judgment

permanently revoking his business license? See Rule 59

(e), Rules of Civil Procedure.

VI.

Whether, in Petitioner’s appeal, the Alabama

Supreme Court justices violated his due process and

equal protection rights by affirming the state regulatory

agency decision refusing to docket and rule on his duly

submitted Rule 60 (b) (4) motion to vacate the

Disciplinary Board’s unlawful and untimely summary

judgment?

PARTIES TO THE PROCEEDINGS

Petitioner, Gatewood A. Walden, a life-long, law

abiding citizen of the City of Montgomery, practiced law

in the State of Alabama for more than forty-six (46)

years during which time he incurred no infractions of

iii

the A. R. Prof. Cond. Concurrently, he served honorably

in the U.S. Navy Reserve as a Judge Advocate General

for twenty-eighth (28) years achieving the rank of Full

Commander.

Respondent, the State Bar Association, a state

regulatory agency, is empowered to oversee lawyers’

personal and professional conduct and to impose

sanctions on those who fail to adhere to high ethical and

moral standards.

SIGNIFICANT RELATED PROCEEDINGS

Cooner v. Ala. State Bar, (2013) 59 So. 3d 37

Cooner II, 145 So.3d 201

Cooner III, 59 So. 3d 2013

TABLE OF CONTENTS

QUESTIONS PRESENTED

i,n

PARTIES TO THE PROCEEDINGS

in

SIGNIFICANT RELATED ROCEEDINGS

,iu

1.

Worley v. Ala. State Bar, 572 So.2d 1239 (Ala. 1990)

2.

Huckaby v. Ala. State Bar, 631 So.2d 855 (1993)

3.

Hayes v. Ala. State Bar, 719 So.2s 787 (1998)

iv

4.

Cleveland Bd. Of Educ. V. Loudermilk, 470 U.S.

532, 105 Sc.D.1487, 84 L.Ed.2d 494(1985)

5.

Cooner v. Ala. State Bar, 59 So.3d 37 (Ala.2010)

6.

Cooner v. Ala. State Bar, 145 So. 3d 1, 2 (Ala. 2013)

7.

Cooner Ala. State Bar II, 145 So.3d (2010)

8.

Bennett v. Wilson, (1898) 122 Cal. 509 514, 55 P. 390

9.

Rochin v. Pat Johnson Mfg. Co., 79 Cal.Rptr.2d 719, 67

Cal.App.4th 1228 (Cal. App. 2 Dist. 1998

10. Tidwell v. State Ethics Comm 'n, 599 So. 2d 12 (Ala.

1992)

11.

Loyd v. Director, Dept, of Public Safety, 480 So.2d

577

12.

Anthony v. Anthony, 128 So. 440, 221 Ala. 221

(Ala. 1930)

13.

Klugh v. U.S., 620 SUPP. 892 (D.S.C. 1985)

TABLE OF CONTENTS

TABLE OF AUTHORITIES

vi

CONSTITUTIONAL PROVISIONS

IX

INDEX TO APPENDICIES

IX

INTRODUCTION.

1

STATEMENT OF JURISDICTION.

4

v

STATEMENT OF THE CASE

5

SUMMARY OF THE ARGUMENT

12

COONER V. ALABAMSA STATE BAR

13

INORDINATE PROSECUTORIAL DELAY.

14

THE SUPREMACY CLAUSE

14

RULE 59(e) RULES OF CIVIL ROCEDURE..

14

BACKGROUND

16

STANDARDS FOR IMPOSING LAWYER

DISCIPLINE...............................................

20

ARGUMENT

.22

ALABAMA SUPREME COURT PRECEDENT

25

VOID JUDGMENTS

27

THE REPORT AND ORDER FAILS AS A

MATTER OF LAW......................................

30

THE EIGHTH AMENDMENT IMLICATED

32

DISCIPLINARY BOARD IS COMPRISED OF

LAWYERS...........................................................

34

REASONS FOR GRANTING THE

WRIT................................................

35

CONCLUSION.

36

vi

APPENDIX

38

CERTIFICATE OF COMPLIANCE

38

DATE OF JUDGMENT ON

APPEAL................................

December 8, 2023

DATE OF JUDGMENT AFFIRMING

REARING.............................................. February 9, 2024

TABLE OF AUTHORITIES

Pages

Cases

Cooner v. Ala. State Bar, (2013) 59 So. 3d 37,

.......................... 1,12,13,14,15,27,28,29,33,37

Cooner II,

12,13,27,28,33,37

145 So. 3d 201

Cooner III,

13,27,28,33,37

59 So. 3d 2013

Alabama Federation of Labor v. McAdory,

245 Ala. 1, 18 So. 2d 810 (1944), cert,

dismissed 325 U.S. 450.....................

1

Worley v. Ala. State Bar,

572 So.2d 1239 (Ala. 1990)

3

Huckaby v. Ala. State Bar,

631 So.2d 855 (1993)

3

Hayes v. Ala. State Bar,

719 So.2s 787 (1998)

3

vii

r

Cleveland Bd. OfEduc. V. Loudermilk,

470 U.S. 532, 105 Sc.D. 1487,84 L.Ed.2d

494 (1985)..................................................

3

Davis v. Alabama State Bar,

676 So.2d 306, 308 (Ala. 1996)

12

Noojin v. Alabama State Bar,

577 So.2d 420. 423 (Ala. 1990), citing

Hunt v. Disciplinary Board of the Alabama

State Bar 381 So.2d 52 (Ala. 1980)..............

12

Bennett v. Wilson, (1898)

122 Cal. 509, 513-514, 55 P. 390

30

Rochin v. Pat Johnson Mfg. Co.,

79 Cal.Rptr.2d 719, 67 Cal.App.4th 1228

(CaLApp. 2 Dist. 1998..............................

30

Tidwell v. State Ethics Comm 'n, 599 So. 2d 12, (Ala.

30

1992),

Ins. Co. of Pa. v. Martinez, 18 S.W.3d 844, 847

(Tex. App.-El Paso 2000, no pet.)..............

30

Dallas County Appraisal Dist. v. Funds Recovery, Inc.,

887 S.W.2d 465, 468 (Tex. App.-Dallas 1994,

30

writ denied).

Loyd v. Director, Dept, of Public Safety,

480 So.2d 577..................................

31

Anthony v. Anthony,

128 So. 440, 221 Ala. 221 (Ala. 1930)

31

viii

Cummings v. Bean,

853 A.2d 221, 2004 ME 93 (Me. 2004)

31

Nichia v. Woodruff, 956 S.W.2d 612, 616

(Tex. App.-Houston [14th Dist.] 1997 pet.

denied)..............................................................

31

Ex parted Citizens Bank,

879 So. 2d 535, 540 (Ala.2003)

31

Klugh v. U.S.,

620 SUPP. 892 (D.S.C.1985)

31

RULES

Rule 4.2 (b)(6), Ala. Rules Dis. P.

..... 1,2,14,15,20,21,22,23,24,25,26,27,28,32,33,39

Rule 12(f) Ala. Riles Dis. P.

1

28 U.S.C. § 1651 (a)

4

Rule 20, Ala. R. Dis. P

8

Rules 1.7(b), 8.4(a), and 8.4(g), Ala. R. Prof. Cond.......14

Rule 59 (e), Rules of Civil Procedure

12,16

Rule 60(b)(4), Fed. Rules Civ. Proc,

34

28 U.S.C.A. 1257................

U.S.C.A. Const. Amend. 5

4,32

34

Rule 60(b)(4), Fed. Rules Civ. Proc.,

ix

32

U.S.C.A. Const. Amend. 5

34

Rule 60(b)(4), Fed. Rules Civ. Proc.,

32

28 U.S.C.A., Const. Amend

30

Ala. R. Prof. Con

37

TREATISES

46 Am. Jur.2d 347, Judgements

30

CONSTITUTIONAL PROVISIONS

First Amendment

Fifth Amendment

Sixth Amendment

Eighth Amendment

Fourteenth Amendment

INDEX TO APPENDICES

Appendix A

Walden v. Ala State Bar, No. SC-2023-0507,

Supreme Court of Alabama. Judgment entered

February 9, 2024. No-opinion judgment denying

Walden’s Application for Rehearing.

Appendix B

Walden v. Alabama State Bar Association, No.

1180203. Application for Rehearing and

Appellant’s Brief. Filed January 19, 2023.

x

Appendix C

Walden u. Ala State Bar, No. SC-2023-0507,

Supreme Court of Alabama. Appeal from the

Judgment of the Montgomery County Circuit

Court. (CV-23-70. Judgment entered December

8, 2023.

Appendix D

Walden v. The Disciplinary Board of the Alabama

State Bar. ASB No. 09-1040 (A). Report and

Order of the Disciplinary Board. Judgment

entered June 14, 2012.

xi

INTRODUCTION

Petitioner respectfully requests this court to

issue a writ of certiorari to review the Alabama

Supreme

Court’s

February

9,

2024,

no-opinion

affirmance judgment of its December 8,

2023,

judgment affirming a lower court’s unlawful decision,

and to resolve whether the Alabama Supreme Court

justices violated his due process and equal protection

rights when they revoked his very valuable and

irreplaceable business license without just cause and

contrary to well-settled, binding, appellate court

precedent?

“One’s employment, trade, or calling is a

property right, and any wrongful

interference therewith is actionable,

Alabama Federation of Labor v. McAdory,

245 Ala. 1, 18 So. 2d 810 (1944), cert,

dismissed 325 U.S. 450. Indeed, the

right to work is an inherent

constitutional right that the State

may not interfere with unjustly.”

(emphasis added)

Petitioner also respectfully requests this court

to issue a writ of certiorari to adjudicate whether a

state regulatory agency’s decision to revoke his

business license is void as a matter of law since the

agency’s Disciplinary Hearing Officer failed in his

1

Report and Order (final judgment) to make written

FINDINGS OF FACTS and CONCLUSIONS OF LAW

as mandated by Rule 4.2 (b)(6), Ala. R. Dis. P. or as

instructed in Cooner v. Ala. State Bar. 59 So. 3d 37, et

al.

In addition, Petitioner respectfully requests the

issuance of a writ of certiorari because the state

regulatory agency’s decision to revoke his business

license was unquestionably unlawful because the

agency’s Disciplinary Hearing Officer failed in his

Report and Order to demonstrate or articulate findings

of facts showing that Petitioner had engaged in

explicit personal or professional

misconduct or

misbehavior, and because he also failed to identify or

articulate specific conclusions of law applicable to each

allegation of professional misconduct as Rule 4.2 (b)(6),

Ala. R. Dis. P. mandates

Petitioner respectfully request the issuance of a

writ of certiorari because the right to practice law in

the State of Alabama is constitutionally protected as a

valuable property right, and no lawyer can be deprived

of that right except by due process of law and upon the

presentation of clear and convincing evidence of

professional misconduct or unfitness to practice law

2

due to an infirmity, none of which was shown at the

disciplinary hearing.1

Finally, Petitioner respectfully requests the

issuance of a writ of certiorari because the state

regulatory agency that revoked his business license

has never refuted or denied the truth and applicability

of the relevant, uncontested facts and the existence of

binding precedential law in this matter.

OPINIONS BELOW

The Disciplinary Hearing Officer’s Report and

Order (final judgment) dated June 14, 2012, revoking

Petitioner’s business license.

The decision of the Montgomery Circuit Court

affirming the Disciplinary Hearing Officer’s Report

and Order dated June 14, 2012, revoking Petitioner’s

business license.

The decision of the Ala. Sup. Ct. dated

December 8,

2023,

SC-2023-0507

affirming the

Montgomery Circuit Court’s decision affirming the

state

regulatory

agency’s

decision

to

revoke

Petitioner’s business license.

1 Worley v. Ala. State Bar, 572 So.2d 1239 (Ala. 190);

Huckaby v. Ala. State Bar, 631 So.2d 855 (1993); Hayes v. Ala.

State Bar, 719 So.2s 787 (1998). Cleveland Bd. Of Educ. V.

Loudermilk, 470 U.S. 532, 105 Sc.D. 1487, 84 L.Ed.2d 494 (1985).

3

The no-opinion decision of the Ala. Sup. Ct.

dated February 9, 2024, denying a Petition for

Rehearing of its December 8, 2023, decision affirming

the state regulatory agency’s decision to revoke

Petitioner’s business license.

STATEMENT OF JURISDICTION

(I)

Date of judgment reviewed: Decenter 8,

2023.

(II)

Date of rehearing: Petition for Rehearing

denied February 8, 2023.

an) The Court’s jurisdiction is based on 28

U.S.C. §1257(a) and Constitutional grounds.

av) This court has jurisdiction pursuant to 28

U.S.C. §1257 (a) to review the egregiously

erroneous judgment of the state’s highest

appellate court when it is alleged that the

justices knowingly and willfully violated a

citizen’s due process and equal protection

rights under the U.S. Constitution.

(V)

This court has jurisdiction to exercise its

supervisory power when a state’s highest

appellate court justices have entered a

decision that has departed so far from the

accepted and usual course of judicial

proceedings or sanctioned such a departure

4

by a lower court as to call for granting a

Petition for a Writ of Certiorari.

(VI)

This court has jurisdiction when it is

irrefutable that the state’s highest appellate

court has egregiously and in bad faith (the

settled law and the undisputed facts being

uncontested)

violated

citizen’s

U.S.

a

inalienable, constitutional rights to due

process of law, equal protection of the law,

and protection from cruel and unusual

punishment,

in

which

case

the

U.S.

Supreme Court has jurisdiction, the power,

and the duty to vacate that state court’s

unlawful and unconstitutional decision.

(VII) This court has jurisdiction pursuant to 28

U.S.C. §1651(a) which relates that the

Supreme Court and all courts established by

Act of Congress may issue all writs

necessary or appropriate in aid of their

respective jurisdictions and agreeable to the

usages and principals of law.

STATEMENT OF THE CASE

An employee of a state regulatory agency, i.e.

the

State Bar Association, instituted a formal

complaint

alleging

Petitioner

5

committed

three

infractions of the Alabama Rules of Professional

Conduct: (1) engaging in conduct prejudicial to the

administration of justice (2) inducing another lawyer

to violate an ethics rule, and (3) instituting a civil

lawsuit merely to maliciously injure the defendant in

the case.

According to disciplinary procedure, every ethics

complaint

must

be

supported

by

an

affidavit

demonstrating facts of lawyer misconduct personally

known to affiant. In this regard the regulatory agency

lawyer’s affidavit failed categorically. It contained only

amorphous

accusations of rules infractions but

identified no particular facts of explicit professional

misconduct in support of the alleged rules infractions,

and certainly none personally known to the state

regulatory agency lawyer. Therefore, because the

affidavit failed in its purpose and was legally

insufficient the regulatory agency never obtained

subject matter jurisdiction of the disciplinary matter.

Noteworthy is the fact that not one of the

alleged infractions, even if proved to be true, involved

moral turpitude, corruptness, depravity, or any other

type of misconduct that would shock the moral

conscience. Furthermore, neither of the infractions,

even if proved to be true, offends the high moral

6

standards required of Alabama lawyers rather they

are mere technical infractions. And, neither, even if

proved to be true, suggests that Petitioner was

unprincipled, unethical, dishonest, or of low moral

character.

Indeed,

had

the

alleged

infractions

occurred, which neither did, they would have been

comparable to a misdemeanor or a traffic offence such

as running a stop sign or illegal parking and would not

have been so serious or grave as to have warranted

revocation of Petitioner’s business license.

It is important to point out that the aforesaid

alleged infractions are only those Petitioner has ever

been accused of in more than forty-six (46) years in the

practice of law. Indeed, his lifelong personal and

professional conduct and behavior has always been

that of an honorable, principled, and upright lawyer.

Notwithstanding Petitioner’s exemplary, life­

long, professional, and personal history, a state

regulatory agency employee instituted an ethic’s

complaint against him which led to the summary

suspension of his business license on the spurious

grounds that he “posed an imminent danger of serious

injury to the public or to his client.” This allegation

was proved

revocation

to

be

complete

of Petitioner’s

7

nonsense

business

because

license

was

unsupported by any expression of specific or precise

personal misbehavior, or professional misconduct, and

certainly none that could have been construed as

“conduct that posed an imminent threat to either the

public or to a client. And since the affidavit failed to

demonstrate any such specific or explicit misbehavior

the regulatory agency lacked subject matter jurisdiction

right from the start.

Furthermore, the affidavit indicates clearly that

the state employee had no personal knowledge of

any alleged misconduct or misbehavior on Petitioner’s

part. To be precise, he did not demonstrate facts

personally known to him showing that Petitioner was

likely to cause immediate and serious injury to his

client or to the public. In short, his affidavit failed in

its purpose. Rule 20, Ala. R. Dis. P. (a) states in part:

“Grounds for Suspension. A lawyer’s law

license may be suspended] on petition

supported by affidavit demonstrating

facts personally known to affiant.

showing that his conduct is likely to

cause immediate and serious injury to a

client or to the public, (paraphrased)

The truth is the state employee’s affidavit

contained no allegations of facts personally known to

him from which a rational person could have

concluded

that

Petitioner

8

engaged

in

conduct

prejudicial to the administration of justice, or that he

induced another lawyer to violate an ethics rule, or

that

that

his

conduct

was

likely

to

cause

immediate and serious injury to a client or to the

public.

Indeed,

whatever

knowledge

of alleged

misconduct the state employee possessed was based on

rank hearsay or his own imagination.

Furthermore, the nature, character, or type of

personal or professional misconduct that might have

been prejudicial, or might have posed imminent

danger to a client, or to the public was neither

specified, identified, nor explained. Consequently, the

state regulatory agency lacked the authority or power

to interimly suspend Petitioner’s business license. In

short, the state employee’s affidavit was at best

ineffectual and at worst perjurious, but clearly formed

no basis for the summary suspension of Petitioner’s

business license.

Even so, based on vague, indeterminate, and

amorphous accusations of rides infractions rather than

actual concrete incriminating facts or evidence, the

state employee summarily suspended Petitioner’s

business

license.

Consequently,

Petitioner

was

abruptly put out of business with no income to support

himself and his family. Additionally, he and his family

9

were embarrassed, humiliated, and publicly disgraced,

and his personal reputation was forever ruined. And

none of that should ever have occurred, not ever. Not

only that, but Petitioner was also left in limbo and outof-business for almost a year before he was afforded a

hearing on the bogus charges against him.

Eleven months later, the state regulatory

agency’s Disciplinary Board belatedly conducted an

evidentiary hearing during which not a single witness

testified to having observed Petitioner engaging in any

unethical, wrongful, or criminal conduct whatsoever.

The Board relied, not on witness testimony, but solely

on the unsubstantiated accusations and argument of

the regulatory agency’s lawyer.

Moreover, explicit professional misconduct or

the type or nature of the professional misconduct was

neither identified nor explained, and not a single

witness testified at the disciplinary hearing that

Petitioner

had

engaged

in

any

explicit

or

particularized misbehavior or specific professional

misconduct. Consequently, there was no concrete

evidence before the Disciplinary Board from which it

could have or might have made findings of facts and

conclusions of law. Therefore, it is not at all surprising

that the Disciplinary Hearing Officer’s Report and

10

Order contained no concrete evidence demonstrating

professional misconduct. None was proven.

At that point, the proceedings should have been

dismissed for lack of standing or subject matter

jurisdiction, but regrettably they were not.

Following the conclusion of the shamefully

belated disciplinary hearing, the Disciplinary Hearing

Officer announced that the Disciplinary Board had

decided

that

Petitioner

had

committed

three

infractions of the ethics rules, and that his business

license would be suspendedi for a period of six (6)

months.

Notwithstanding

the

constraints

of

civil

procedure, i.e. Rule 59 (e), however, more than sixty

(60) days later the Board, without considering any

other evidence, abruptly vacated its initial judgment.

and

unlawfully

entered

a

second

judgment

permanently revoking Petitioner’s business license.

Petitioner contends that the judgment permanently

revoking his business license was untimely and

unlawful since it was summarily entered more than

sixty (60) days after the initial judgment suspending

his

business

license.

The

procedural

rule

is

unambiguous and well known. Rule 59 (e), Rules of

Civil Procedure states:

11

“A motion to alter, amend, or vacate the

judgment shall be filed not later than

thirty (30) days after entry of the

judgment.”

In addition, the court is respectfully reminded

that the standard of proof required in lawyer

disciplinary proceedings in the State of Alabama is

clear and convincing evidence of attorney misconduct.

Petitioner avers that no evidence whatsoever, let alone

clear and convincing evidence of attorney misconduct,

was presented at the hearing that would have justified

the revocation of his business license.

‘The standard of review applicable to an appeal

from an order of the Disciplinary Board is “that the

order will be affirmed unless it is not supported by

clear and convincing evidence or misapplies the

law to the facts.” Noojin v. Alabama State Bar, 577

So.2d 420. 423 (Ala. 1990). citing Hunt v. Disciplinary

Board

of

the

Alabama

State

Bar, 381

So.2d

52 (Ala. 1980) see also Davis v. Alabama State Bar, 676

So. 2d 306. 308 (Ala. 1996), Cooner I, 59 So. 3d at 37.

and Cooner v. Ala. State Bar, 145 So. 3d 1, 2 (Ala.

2013).

SUMMARY OF THE ARGUMENT

Cooner v. Ala. State Bar, 59 So.3d 37 (Ala.2010).

Cooner v. Ala. State Bar, 145 So. 3d 1, 2 (Ala. 2013),

12

and Cooner Ala. State Bar, 145 So.3d (2010) are

landmark Alabama Supreme Court cases and are

binding precedent. For no good or discernable reason

or any explanation whatsoever, however, the court

refused to follow precedent in Petitioner’s disciplinary

case, and therefore violated his constitutional right to

due process and equal protection of the law.

Judicial precedent (‘stare decisis’) is the legal

principle whereby courts follow the rulings in previous

cases

with

similar facts

and

issues,

ensuring

consistency and predictability in the law. This doctrine

ensures consistency, predictability, and stability in the

law by obliging courts to apply the same reasoning or

legal principles as earlier courts have when deciding

cases with similar circumstances.

Precedent refers to a court decision that is

considered an authority for deciding subsequent cases

involving identical or similar facts, or similar legal

issues. Precedent is incorporated into the doctrine

of stare decisis and requires courts to apply the law in

the same manner to cases with the same facts.

Precedent

ensures

that

individuals

in

similar

situations are treated alike instead of based on a

particular judge’s personal views or biases, and it is

important in promoting stability and evenhandedness.

13

Generally, precedent is established by a series

of decisions although sometimes a single decision can

create precedent. Precedent was due to be followed in

this matter.

COONER V ALABAMA STATE BAR

In three Cooner cases the Alabama Supreme

Court held that the Disciplinary Board's order

disbarring Cooner did not satisfy the requirements of

Rule 4.2, Ala. R. Disc. P., because it did not include

findings of fact as to each allegation of misconduct

adequate for the Court to conduct a meaningful review

to determine whether or not the Board's conclusion

that Cooner had violated Rules 1.7(b), 8.4(a), 8.4(c),

and 8.4(g), Ala. R. Prof. Cond., was supported by clear

and convincing evidence.

INORDINATE PROSECUTORIAL DELAY

Petitioner

further

contends

that

the

Disciplinary Board’s failure to comply with Rule 4.2,

Ala. R. Disc. P., in its December 8, 2023, and its

February 8, 2023, orders frustrated his right to

appellate review pursuant to Rule 12 (f), Ala. R. Disc.

P., that the Board's “inordinate, and unexplained delay

frustrated, Petitioner’s right to appellate review of the

Board's conclusions of infractions of the ethic’s rules.

14

Hence, the Board violated his due-process and equalprotection rights thus punishing him without having

to prove his guilt by clear and convincing evidence.

Rule 14, Ala. R. Disc. P. For this reason alone, the

charges against Petitioner were due to be dismissed,

and the judgment permanently revoking his business

license was due to be vacated.

THE SUPREMACY CLAUSE

As is shown herein, the Alabama Supreme Cout

violated Petitioner’s due process and equal protections

rights under the Constitution, and the court also

violated his rights under the Eighth Amendment.

“The Constitution and the laws of the

United States which shall be made in

pursuance thereof . . . shall be the

supreme law of the land, and the judges

in every state of the land shall be bound

thereby, anything in the Constitution or

the laws of any State to the contrary

notwithstanding.”

RULE 59(e) RULES OF CIVIL PROCEDURE

The official court record of the Disciplinary

Board is undisputed, unchallenged, and clearly shows

that the Board violated Petitioner’s due process and

equal protection rights by foiling to comply with the

Alabama Rules of Civil Procedure.

15

After more than sixty (60) days the Board

abruptly vacated its final judgment suspending

Petitioner’s business license for six months, and

unlawfully entered a second judgment permanently

revoking his business license. The point is that the

Board’s second judgment was untimely and unlawful.

The procedural rule is unambiguous and well known.

Rule 59 (e), Rules of Civil Procedure mandates:

“A motion to alter, amend, or vacate the

judgment shall be filed not later than

thirty (30) days after entry of the

judgment.”

Clearly the second judgment violated Rule 59 (e)

and was void.

BACKGROUND

Petitioner obtained a business license from the

State of Alabama and opened a law office in the city of

Montgomery in September 1966. He practiced law full

time in Montgomery for more than forty-six (46) years

during which time

his personal

and business

reputation was blemish free, no complaints, no

incidents of personal or professional misconduct or

misbehavior whatsoever, not even a traffic ticket.

Concurrently, Petitioner served in the U. S.

Navy Reserve as a Judge Advocate General for twentyeight (28) years retiring as a Full Commander. At one

16

point in his military career, Petitioner held a TopSecret clearance and worked in the Pentagon. As a

retired veteran, he receives a government pension.

In 2012, an employee of a state regulatory

agency, the State Bar Association, summarily and

without notice or an opportunity for Petitioner to be

heard or object, suspended Petitioner’s business

license and ordered him to immediately discontinue

his law practice on the spurious grounds that he posed

an imminent and serious threat of injury or harm to

the public or to his client. That accusation was

categorically false, and unsupported by any direct or

circumstantial evidence whatsoever.

The false and baseless accusation of extremely

serious professional misconduct was nothing more

than a groundless expression of one misguided state

employee’s speculative imagination. Before that time

Petitioner had never in more than forty-six (46) years

in the private practice of law even once been accused of

any type of personal or professional misconduct or

misbehavior whatsoever. His reputation was excellent.

After that, the misguided and ill-informed state

employee filed a formal ethics complaint along with

an, albeit flawed, verified affidavit alleging that

Petitioner had violated three ethics rules. Without a

17

smidgen of factual evidence personally known to him.

he nevertheless accused Petitioner of (1) conduct

prejudicial to the administration of justice (2) inducing

another lawyer to violate an ethics rule, and (3)

instituting a civil lawsuit for the sole purpose of

harassing or injuring the defendant in the case.

The state employee’s perfidious affidavit was

legally deficient, however, because it contained no

allegations of specific facts of professional misconduct

personally known to him or when and where that

misconduct allegedly occurred. Moreover, it contained

no facts or evidence from which a reasonable person

could have concluded that Petitioner had engaged in

clearly

identifiable

misbehavior.

professional

misconduct

or

Indeed, the affidavit contained no

expression from which a reasonable person could have

concluded with a reasonable degree of certainty that

Petitioner had engaged in any identifiable personal or

professional misconduct or unethical behavior or when

or where it allegedly occurred.

Additionally, the class or type of alleged

professional misconduct that could have or might have

been prejudicial to the administration of justice was

neither identified nor explained in the affidavit. Also,

no particularized language demonstrated, clearly and

18

convincingly the actual occurrence of any type of

inappropriate,

criminal,

unlawful,

dishonest,

or

unprofessional behavior, or demonstrated how or why

such behavior constituted a violation of a particular

ethics rule. And no specific language explained how, by

what method, or in what manner Petitioner prejudiced

or adversely impacted the administration of justice, or

to what degree he prejudiced the administration of

justice, if any at all.

Furthermore, the Rules of Professional Conduct

contain no such rule of which Petitioner is aware

prohibiting one lawyer from inducing another lawyer

to violate an ethics rule. This was simply an ethics

rule invented in the mind of a misguided state

employee.

The infirmity of the state employee’s affidavit

will

continue

to

be

shown

throughout

these

proceedings.

Just the same, Petitioner found himself out of

business and in limbo for almost a year before he was

afforded a hearing on the charges against him. At the

disciplinary hearing not one witness testified to having

observed Petitioner engaging in any, definitive,

unethical, wrongful, or criminal behavior conduct. The

truth of this assertion is confirmed by what does not

19

appear in the Disciplinary Hearing Officer’s Report

and Order. The Report and Order contained no

findings of facts or any concrete evidence, but simply

opined that Petitioner had violated three ethics rules.

For this reason, the Disciplinary Hearing

Officer’s Report and Order is the Achilles heel of this

litigation. Why? Because it does not even remotely

comply with Rule 4.2, Ala. R. Disc. P. and Cooner,

supra. In a word, the Report and Order is legally

defective. Thus, the charges against Petitioner are

invalid and unenforceable.

Obviously,

a

bald-faced,

unsubstantiated

statement that Petitioner violated three ethic’s rules is

not a legally sufficient substitute for a clear and plain

expression of the specific wrongful conduct that

Petitioner engaged in as required by Rule 4.2 of the

Rides of Disciplinary Procedure. Rule 4.2 (b) (6)

requires

that

the

Disciplinary

Hearing

Officer

articulate in his Report and Order specific findings of

facts and identifiable conclusions of law as to each

allegation of professional misconduct. Consequently,

the Report and Order must contain language such as

“the board makes a finding of the following fact” or

“the board finds this fact to be true....” Otherwise, the

Report and Order is invalid or void.

20

STANDARDS FOR IMPOSING LAWYER

DISCIPLINE

Lastly but by no means of less importance, Rule

4.2 requires that the Report and Order reference the

Alabama Standards for Imposing Lawyer Discipline.

Section I: These standards adopt a model that

requires the Disciplinary Board to answer each of the

following questions: (emphasis added)

What ethical duty did the lawyer violate? (A

duty to a client, the public, the legal system, or the

profession?)

What was the lawyer’s mental state? Did the

lawyer act intentionally, knowingly, or negligently?

What was the extent of the actual or potential injury

caused by the lawyer’s misconduct? And are there any

aggravating or mitigating circumstances?

Rule 4.2, Section C of the standards requires:

"(iii) A finding as to the discipline to be

imposed, with reference, where appropriate, to

the Alabama Standards for Imposing Lawyer

Discipline...."

“In imposing a sanction after a finding of lawyer

misconduct the Board should consider the

following factors:

The duty violated:

21

The lawyer’s mental state:

The actual or potential injury caused by the

lawyer’s conduct, and

The existence of aggravating or mitigating

factors.

The Alabama Standards for Imposing Lawyer

Discipline are complex and sometimes obscure or

subject to interpretation. For example, the sanction to

be imposed upon a lawyer for professional misconduct

can range from slight, moderate, or severe, and

requires careful analysis. Yet this type of analysis

required by the standards is completely lacking

anywhere in Petitioner’s disciplinary proceedings.

Section II A, 1.3 (3) advises that the standards

are

designed to promote,

among other things,

consistency in the imposition of discipline for the same

or similar circumstances.

The point is because the Report and Order

failed to comply with any of these requirements it was

void and unenforceable.

ARGUMENT

Petitioner has shown explicitly and hopefully

with clarity the procedural requirements of Rule 4.2,

Ala. R. Disc. P. in lawyer disciplinary proceedings.

Now he will now show how and why the Disciplinary

22

Hearing Officer’s Report & Order failed to comply with

those procedural requirements.

Firstly, Rule 4.2. requires that the Disciplinary

Hearing

Officer

make

a

Report

and

Order

demonstrating actual facts and conclusions of law,

secondly, that the report be captioned Report and

Order, and thirdly that the Report and Order contain

certain specific information and language. These

requirements are not discretionary; rather they are

imperative. Consequently, the failure of a Report and

Order to contain the required information and

language is fatal to the prosecution’s case.

As to the charge that Petitioner engaged in

conduct prejudicial to the administration of justice, the

Report & Order failed to show or demonstrate

precisely what particularized professional misconduct

Petitioner allegedly engaged in that was or might have

been prejudicial or harmful to the administration of

justice. Or when it occurred. Or who observed it. Or

where it occurred.

Other questions were not answered either. Over

what period of time did the alleged prejudicial or

harmful misconduct occur? Was it oral or was it in

writing? Did it occur once, or did it occur multiple

times? Was it coercive, or merely strongly suggestive,

23

physical, or verbal, illegal, or prohibitive, slightly

harmful, or impactful, or minimally harmful and

impactful, or extremely harmful and prejudicial? Who

observed the prejudicial and harmful misconduct? The

Report and Order did not answer these questions.

Furthermore, it did not contain any specific findings of

facts

relating

to

these

questions.

Thus,

the

Disciplinary Hearing Officer’s Report and Order failed

to comply with the requirements of Rule 4.2.

Turning now to the charge of inducing another

lawyer to violate the ethics rules, the Report and

Order does not even bother to identify the alleged

induced lawyer. Who was he or she? Was he or she,

young or old, black, or white, or some other ethnicity?

What was the method of inducement? Was it

accomplished by threats, bribery, or by other nefarious

means? Who witnessed the inducement? Did one or

more than one individual witness the inducement?

Who corroborated the fact that the inducement

actually occurred. When did it occur? Where did it

occur? Was it oral or was it in writing? And is inducing

a lawyer to engage in unprofessional conduct an actual

infraction of the ethics rules?

Still, the fundamental question is whether a

lawyer who induces another lawyer to engage in

24

unprofessional conduct is

guilty of professional

misconduct? The question is: which ethics rule was

implicated? Petitioner is unaware of any such rule,

and the Report and Order referenced no such rule. If

no such ethics rule exists, and it does not, then no

basis exists for finding Petitioner had violated the

rule.

Petitioner now turns to the third ethics charge:

instituting a civil lawsuit merely to harass or

maliciously injure the defendant in the case. The

Disciplinary Hearing Officer’s Report and Order did

not demonstrate who the defendant was, or whether

the defendant was injured, or which lawsuit was

implicated, or what conduct constituted harassment or

an what conduct constituted an intent to maliciously

injure. Nor did it identify what particularized conduct

constituted malice, or what conduct demonstrated an

intent to harass or injure. Lastly, the Report and

Order did not explain the reason the alleged unlawful

conduct constituted an infraction of an ethics rule, nor

which rule, nor did it contain conclusions of law as to

each allegation of such conduct.

Given the fact that it was self-evident that the

Disciplinary Hearing Officer’s Report and Order

failed to comply with Rule 4.2 and was void, the

25

appellate court’s “no opinion affirmance” was clear and

inexcusable error, and flagrantly violated Petitioner’s

constitutional right

to

due

process

and

equal

protection of the law. It was therefore clearly due to be

vacated.

Lastly,

although

specifically

required

by

procedural law the Report and Order did not include a

summary of the specific conduct the Board allegedly

found to be an infraction of the ethics rules.

Furthermore, it failed to include conclusions of law as

to each allegation of professional misconduct. In

addition, it failed to include any explanation or reason

as to why such alleged misconduct constituted a

violation of a particular ethics rule. Hence, the Report

and Order failed completely in its purpose.

ALABAMA SUPREME COURT PRECEDENT

The precepts contained in Cooner v. Ala. State

Bar Assoc. 59 So. 3d 29, (Ala.2010) and Cooner v. AlaState Bar Assoc. 59 So. 3d 37, (Ala.2013) are

consistent and compelling:

“On October 8, 2010, the Alabama Supreme

Court held that the Disciplinary Board's order

disbarring Cooner and revoking his law license did not

satisfy the requirements of Rule 4.2, Ala. R. Disc. P.,

because it did not include findings of fact as to each

26

allegation of misconduct adequate for this Court to

conduct a meaningful review to determine whether the

Disciplinary Board's conclusion that Cooner had

violated Rules 1.7(b), 8.4(a), 8.4(c), and 8.4(g), Ala. R.

Prof. Cond., was supported by clear and convincing

evidence. Cooner v. Alabama State Bar. 59 So.3d 29

(Ala. 2010)

(“Cooner

I”). 1 Accordingly,

this

Court

reversed the Disciplinary Board's judgment as to those

infractions.

“In the conclusions of law, the Board did not

include a summary of the specific conduct it

found that constituted a violation of each Rule

of Professional Conduct Cooner was charged

with violating, and it did not include any

explanation as to why such conduct constituted

a violation of any particular rule. Rather, the

Board merely cited a laundry list of various

paragraphs included in the “Findings of Fact.”

“But references to paragraph numbers alone do

not constitute findings of fact as to each

allegation of misconduct.” (emphasis added)

“However, this Court has previously held that

that general recitation of facts alone was not

sufficient to comply with Rule 4.2, Ala. R. Disc.

P. See Cooner I, 59 So.3d at 39; Cooner II,

supra. There have been two problems all along

with the purported findings of fact in this case.

First, as explained in both Cooner I and Cooner

II. there have not been actual findings of fact bv

the Board as opposed to general recitations of

27

evidence heard bv the Board. The main opinion

in the present case states that “this Court has

previously held that that general recitation of

facts alone was not sufficient to comply with

So. 3d at

Rule 4 .2. Ala. R. Disc. P.”

(emphasis added).”

“In point of fact, what we said in our previous

opinions in this case is that a general recitation

of “evidence” is not sufficient to constitute the

requisite findings of “facts.” As we said in

Cooner I: The second problem all along has

been the failure of the Board to align different

factual findings with different conclusions of

misconduct.” (emphasis added).

A general recitation of “evidence” is exactly

what the Disciplinary Hearing Officer’s Report and

Order contains and nothing more and certainly no

requisite findings of “facts.”

VOID JUDGMENTS

Petitioner asserts that he has firmly established

by any measure that the Disciplinary Hearing Officer’s

Report and Order fails as a matter of law. Because the

Report and Order is void it would be a judicial travesty

and breach of duty for this court to refuse to grant the

issuance of a writ of certiorari and vacate the unjust

and legally insufficient judgment of the Disciplinary

Board of the State Bar Association. Indeed, recent case

law dictates that a court has a clear duty to vacate a

28

void judgment whenever it is brought to the court’s

attention.

“A void judgment is not entitled to the respect

accorded to, and is attended by none of the

consequences of, a valid adjudication. Indeed, a

void judgment need not be recognized by anyone

but may be entirely disregarded or declared

inoperative bv any tribunal in which effect is

sought to be given to it.” 46 Am. Jur.2d 347,

Judgements.

“A ‘final’ but void judgment [order] is, in legal

effect, no judgment. By it, no rights are

divested. From it no rights can be obtained.

Being worthless, all proceedings founded upon it

are equally worthless. It neither binds nor bars

anyone. Bennett v. Wilson. (1898) 122 Cal. 509,

513-514, 55 P. 390.” Rochin v. Pat Johnson Mfg.

Co., 79 Cal.Rptr.2d 719, 67 Cal.App.4th 1228

(Cal. App. 2 Dist. 1998.)

“A void judgment will not support an appeal.”

See Tidwell v. State Ethics Comm'n, 599 So. 2d

12, 12 (Ala. 1992). “The appellate court has no

jurisdiction to consider the merits of an appeal

from a void judgment.” Ins. Co. of Pa. v.

Martinez. 18 S.W.3d 844, 847 (Tex. App.-El

Paso 2000, no pet.): Dallas County Appraisal

Dist. v. Funds Recovery. Inc., 887 S.W.2d 465,

468 (Tex. App.-Dallas 1994, writ denied).

“Lapse of time cannot cure [a] decree void on

[the] face of [the] record.” Lovd v. Director. Dept,

of Public Safety. 480 So.2d 577; “Lapse of time

29

cannot cure decree void on face of record.”

Anthony v. Anthony. 128 So. 440, 221 Ala. 221

(Ala. 1930); “A void judgment may be challenged

at any time and must be vacated upon request.”

(emphasis added); Cummings v. Bean. 853 A.2d

221, 2004 ME 93 (Me. 2004). 46 Am Jur 2d § 14.

“Because jurisdiction is fundamental, it may be

raised for the first time on appeal without the

usual requirements for preservation of error or

assignment of error.” Nichia v. Woodruff. 956

S.W.2d 612, 616 (Tex. App.-Houston [14th Dist.]

1997, pet. denied). Ex parted Citizens Bank. 879

So.2d 535, 540 (Ala.2003) (holding that a

judgment entered without subject-matter

jurisdiction is void and that an appeal from a

void judgment must be dismissed). A void

judgment cannot be res judicata, as a matter of

common sense.”

“All courts seem to agree that a void judgment

can never be converted into a valid judgment

with the passage of time. In other words, a void

judgment can never morph into a valid

judgment.” IT!he passage of time, however

great, does not affect the validity of a judgment;

it cannot render a void judgment valid.’

“Judgment is a void judgment if court that

rendered judgment lacked jurisdiction of the

subject matter, or of the parties, or acted in a

manner inconsistent with due process, Fed.

Rules Civ. Proc., Rule 60(b)(4), 28 U.S.C.A.

1257; U.S.C.A. Const. Amend. 5 - Klugli v. U.S.,

620 SUPP. 892 (D.S.C. 1985).”

30

THE REPORT AND ORDER FAILS AS A

MATTER OF LAW

At the conclusion of a lawyer disciplinary

proceedings,

the

Disciplinary

Hearing

Officer

announces the Disciplinary Board’s decision and is

responsible for preparing a written Report and Order

(the final judgment) setting forth specific findings of

facts and conclusions of law. This task is not

discretionary; it is imperative.

Notwithstanding

these

requirements,

the

Disciplinary Hearing Officer’s Report & Order in this

case contained no explicit facts or conclusions of law.

Why? Because no evidence of misconduct was

presented at the hearing from which such a report

could or might have been prepared. Thus, the Report

and Order failed to conform with Rule 4.2 of the Rules

of Disciplinary Procedure.

With respect, the importance of this point must

be emphasized. Rule 4.2 mandates that the Report

and Order contain both findings of facts and

conclusions of law as to each allegation of

professional

misconduct

contained

in

the

complaint, and an explanation as to why such

professional misconduct constituted a violation of a

particular ethics rule. Consequently, the Report and

31

Order, not conforming to Rule 42, was invalid as a

matter of law and thus unenforceable.

The Alabama Supreme Court delt at length with

the requirements of a Disciplinary Hearing Officer’s

Report and Order in Cooner I, Cooner II, and Cooner

III.

In those landmark cases the court plainly and

emphatically held that a Report and Order that did

not comply with procedural Rule 4.2 was due to be

vacated. Rule 4.2(b)(6), Ala. R. Disc. P. states:

"The Disciplinary Hearing Officer

shall make written findings of fact

and conclusions of law as directed

by the Disciplinary Board, which shall

be captioned 'Report and Order.' The

decision of the Disciplinary Board may

be announced immediately after the

conclusion

of the

proceedings,

(emphasis added)

"(C) The Report and Order shall contain:

"(I) A finding of fact and conclusion

of law as to each allegation of

misconduct, which, upon acceptance by

the Disciplinary Board, shall enjoy the

same presumption of correctness as the

judgment of a trier of fact in a nonjury

civil proceeding in which evidence has

32

been presented ore tenues, (emphasis

added)

"(ii) A finding as to whether the

respondent attorney is guilty or not

guilty of the misconduct charged; [and]

"(iii) A finding as to the discipline to be

imposed,

with

reference,

where

appropriate, to the Alabama Standards

for Imposing Lawyer Discipline.. .."

Equally important, Rule 4.2 mandates that the

Report and Order set forth its conclusions of law. The

Report and Order does not comply with this aspect of

the rule either. Rule 4.2 (6) states in part:

“The Disciplinary Hearing Officer shall

make written findings of fact and

conclusions of law ...

“The Report and Order shall contain: (I)

a finding of fact as to each allegation of

misconduct...”

“The complaint shall contain an

explanation as to why such conduct

constituted a violation of the particular

rule, (emphasis added)

The Disciplinary Hearing Officer’s Report

& Order in Petitioner’s case contained no

conclusions of law.

33

THE EIGHTH AMENDMENT IMPLICATED

The hallmark of the American system of justice

is fair play. To be sure, fair play is the beating heart of

the American judicial system. And the concept of fair

play extends to the stage in any proceeding that calls

for the imposition of punishment for the violation of a

rule, the commission of an offense, or criminal

behavior. The concept of fairness is enshrined in the

Constitution by the Eighth Amendment and is a

fundamental value of most Americans.

The Eighth Amendment mandates that cruel

and unusual punishment should not be imposed on a

person for the violation of a rule, a law, or any other

offense. The prohibition applies to both federal and

state governments. When it becomes obvious that a

state government has imposed a patently unfair or

cruel punishment on one of its citizens it is incumbent

upon the federal judiciary to take corrective action.

The federal judiciary is called upon in this case to

reign in a regulatory agency of the state of Alabama

and

set

aside

the

agency’s

decision

revoking

Petitioner’s business license and his ability to earn a

living for himself and his family. No reasonable person

would come to believe that the maximum punishment

for a doubtful benign infraction of a rule of

34

professional conduct is fair. Hence, if a punishment is

manifestly unfair it must be vacated.

Petitioner asserts that the harsh punishment

imposed upon him by an element of a state regulatory

agency was unwarranted and unjustified. When a

state government, through one of its regulatory

agencies such as a Bar Association, willfully violates

the Eighth Amendment it is incumbent upon the

federal judiciary to take corrective action.

DISCIPLINARY BOARD COMPRISED OF

LAWYERS

Members of the Disciplinary Board are all but

one practicing lawyers with extensive experience in

their profession. Furthermore, some have served on

the Board for extended periods of time, so it is

reasonable to assume they would have been familiar

with the Rules of Professional Conduct, the Rules of

Disciplinary

Procedure,

and the

Standards

for

Imposing Lawyer Discipline. It is also reasonable to

assume that they would have applied those rules in

other cases that have come before them. These lawyers

would also have been expected to keep current with

appellate court caselaw dealing with disciplinary

matters, and especially landmark decisions such as

Cooner I, Cooner II, and Cooner II wherein the Board’s

decision to sanction a lawyer was reversed and the

35

sanction imposed on the lawyer vacated. After all,

appellate

court

case

law

is

intended

to

be

instructional, and the failure of the members of the

Disciplinary Board to know and apply the instructions

in Cooner, supra in future cases would be attorney

malpractice.

It should now be clear that the lawyers on the

Disciplinary Board in Petitioner’s disciplinary case

failed to comply with the instructions in the Cooner

cases, and that is inexcusable and unforgivable.

Indeed, it is malpractice at best, and corruption at

worst. Whichever the case, the sanction imposed upon

Petitioner is due to be vacated and without delay.

REASONS FOR GRANTING THE WRIT

A writ of certiorari is due to be granted by this

court when a state’s highest appellate court acts

corruptly by willfully failing to apply binding appellate

court case law (precedent) in a serious case involving

one of its citizens.

A writ of certiorari is due to be granted by this

court when a state regulatory agency violates a

citizen’s Sixth Amendment rights by revoking his

business license even though it failed to comply with

the Rules of Disciplinary Procedure which requires the

agency’s Disciplinary Hearing Officer to include in his

36

Report and Order findings of facts and conclusions of

law as to each allegation of professional misconduct

that the lawyer allegedly had engaged in.

A writ of certiorari is due to be granted by this

court when, in violation of the Eighth Amendment, a

state regulatory agency imposes a punishment on a

lawyer for a first alleged infraction of the Rules of

Professional Conduct after a forty-six (46) year

blemish free career,

and when the punishment

imposed is patently disproportionate to or bears no

relationship to the infraction of a benign rule of

professional conduct.

A writ of certiorari is due to be granted by this

court when the facts and the applicable principles of

law are not in dispute nor in conflict, in which case its

sole and highest duty is to correctly apply the law to

the facts and render a lawful decision.

A writ of certiorari is due to be granted by this

court when the facts and the relevant applicable

principles of law are set out in a Petition for

Reconsideration, and are not challenged or disputed,

and when the state’s highest appellate court renders

an erroneous, no-opimon affirmance of the lower

court’s likewise erroneous decision.

37

A writ of certiorari is due to be granted when a

state’s highest appellate court in bad faith violates the

constitutional rights of one of its citizens, in which

case the U.S. Supreme Court has the authority and

indeed it has the heavy duty to correct the injustice.

CONCLUSION

Petitioner earnestly believes that he has shown

by irrefutable evidence and rock-solid logic that the

state regulatory agency’s Report and Order revoking

his business license is void, unenforceable, and due to

be vacated by this court. Indeed, because it is void it

would be a travesty for this court to refuse to grant

certiorari to vacate the Report and Order. This court is

respectfully reminded that whenever a void judgment

is brought to the attention of a court that that court

has a common law duty to vacate the void judgment.

That being true, Petitioner respectfully contends that

the refusal or failure of this court to vacate the void

Disciplinary Hearing Officer’s Report and Order would

be a dereliction of its judicial duty.

In conclusion, Petitioner earnestly asserts that

to this day he has absolutely no idea of the

particularized or actual misbehavior or professional

misconduct he is alleged to have engaged in that

38

resulted in the revocation of his business license, his

disgrace, and the ruination of his family name.

Dated this theJPP 7% day of September 2024.

Gatewood A. Walden, Pro se

Gatewood A. Walden

3521 Forest Brook Lane

Montgomery, Alabama 36116

334-590-2544

39

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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