FILED

3/1/2022 8:23 AM
FELICIA PITRE
1 CIT/ESERVE DAeuigRagT$2§§§
Belinda Hernandez (DEPUTY

DC-22-02562
CAUSE N0.

COMNHSSION FOR LAWYER § IN THE DISTRICT COURT OF

DISCIPLINE §
§
V. § DALLAS COUNTY, TEXAS
§
SIDNEY POWELL §
mile 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.

II.

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 1 of 5
wherever she may be found.

III.

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.

PROFESSIONAL MISCONDUCT

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.

Original Disciplinary Petition — Powell.

Page 2 of 5
 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 of 5
 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.Bradv@texasbar.com

Original Disciplinary Petition — Powell.

Page 4 of 5
 WM
Kristin V. Brady
State Bar N0. 24082719

ATTORNEYS FOR PETITIONER

Original Disciplinary Petition — Powell.

Page 5 of 5
 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