Sidney Powell To Face Texas State Bar Investigation—Potentially Leading To Her Disbarment (original) (raw)

Topline

The disciplinary arm of the State Bar of Texas will hold an investigatory hearing on the fate of far-right attorney Sidney Powell’s law license in November, the Michigan Attorney General’s office said Thursday after filing a complaint against Powell earlier this year, kicking off a multi-step process that could potentially result in her being sanctioned or disbarred.

Attorney Sidney Powell leaves the federal court in Washington, D.C., on June 24.

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Key Facts

Michigan AG Dana Nessel’s office said in a statement Thursday it had received notice Texas’ Office of the Chief Disciplinary Counsel “has granted an investigatory hearing related to Powell’s law license,” which will take place November 4.

Nessel, Michigan Gov. Gretchen Whitmer and Secretary of State Jocelyn Benson filed complaints in February with disciplinary boards in Texas and Michigan against Powell and three other lawyers behind a post-election lawsuit alleging widespread fraud in the state, which argued Powell violated multiple rules of professional conduct for Texas lawyers.

Powell violated rules that prohibit attorneys from bringing “frivolous” complaints, “knowingly mak[ing] a false statement of material fact or law,” using evidence the attorney “knows to be false,” and “engag[ing] in conduct involving dishonesty, fraud, deceit or misrepresentation,” the complaint alleged.

The Michigan officials’ complaint was separate from their motion for sanctions in Powell’s Michigan lawsuit, which was granted Wednesday as U.S. District Judge Linda Parker ordered Powell and her co-counsel to pay defendants’ attorneys fees and undergo additional legal education.

The Michigan court also referred the attorneys to disciplinary boards in Michigan and the states where they’re licensed “for investigation and possible suspension or disbarment,” which means in addition to Powell and the three Michigan attorneys the state leadership had already filed complaints against, an additional five attorneys behind the lawsuit—including prominent right-wing attorney Lin Wood—will also face potential disbarment in their home states.

A spokesperson for the State Bar of Texas told Forbes in an email it cannot confirm pending disciplinary matters against a particular person, and Powell has not yet responded to a request for comment.

What To Watch For

The investigatory hearing regarding Powell will determine whether there’s just cause to move forward with the complaint against her. Under the process outlined by the State Bar of Texas, if they find there is just cause to believe Powell committed misconduct, the case will then go to either a public or private trial to determine whether she should be punished or the case against her should be thrown out. If Powell is found to have violated the state bar’s rules, the most severe punishment is being disbarred, but there are also less serious consequences she could face, including a private or public reprimand, a temporary suspension of her law license or putting Powell under probation but letting her still practice law. She could also with ancillary sanctions like having to pay restitution or expenses related to the grievance proceedings.

Crucial Quote

“Ms. Powell has abused the trust the State Bar of Texas placed in her,” the Michigan officials alleged in their complaint. “She filed a complaint based on falsehoods, used her law license in an attempt to disenfranchise Michigan voters and undermine the faith of the public in the legitimacy of the recent presidential election, and lent credence to untruths that led to violence and unrest. In doing so, she violated both her attorney oath and the rules of professional conduct that govern the practice of law.”

Chief Critic

Powell has defended her conduct in the Michigan lawsuit and stood by her allegations of voter fraud despite the numerous court rulings against them and consequences she now faces. “We have practiced law with the highest standards,” Powell said at a sanctions hearing in the Michigan case in July, claiming the attorneys representing the Michigan defendants were “themselves the ones who have abused the process for political gamesmanship.”

Key Background

Powell was one of the most prominent pushers of election fraud allegations in the aftermath of the presidential election, leading four battleground state lawsuits seeking to overturn the vote count that all failed in court. There is no credible evidence of widespread fraud in the November election, and Powell’s lawsuits were among dozens seeking to challenge the election results that were all unsuccessful. In addition to the sanctions and disbarment effort out of Michigan, she is also facing a separate ethics complaint in Arizona, a motion for sanctions in Wisconsin and two defamation lawsuits from Dominion Voting Systems and Smartmatic, whose voting machines she baselessly alleged were used to commit voter fraud. Powell is one of a number of attorneys to now face consequences for their post-election lawsuits, and the State Bar of Texas’ actions come after the New York Supreme Court and the District of Columbia Court of Appeals previously suspended Rudy Giuliani’s license based on his role leading the Trump campaign’s failed legal effort to overturn the election. Wood is also facing an investigation from the State Bar of Georgia that could lead to his disbarment, on top of the sanctions against him in Michigan.