SAN AUGUSTINE COUNTY, TX (KTRE) - A San Augustine County man has been indicted by a grand jury after allegations he identified himself as an Attorney at law in violation of a direct order from the Texas Supreme Court. Mr. Malone's license to practice law in Texas was taken away from him in June.
Edward Malone was booked into the San Augustine County Jail on Wednesday after being served the indictment.
According to paperwork from the Texas Supreme Court, which suspended his license on June 7, Malone had lied about past discipline from the Virginia State Bar.
According to the paperwork, Malone is prohibited from the practice of law in the State of Texas. This includes holding himself out as an attorney at law, performing legal services for others, giving legal advice to others, accepting any fee directly or indirectly for legal services, appearing as counsel or in any representative capacity in any proceeding in any Texas court or before any Texas administrative body whether state, county, municipal, or other, or holding himself out to others or using his name in any manner in conjunction with the designation "Attorney at Law," "Counsel at Law," or "Lawyer."
The ruling also stated Malone must provide immediate, written notification of the cancellation to each of his clients. He shall return any files, papers, unearned monies, and other property in his possession belonging to any client or former client to the client or former client or to another attorney at the client's or former client's request.
The court alleged that Malone filed a sworn application for admission without examination on June 5, 2013. The court stated Malone did not disclose previous discipline from the Virginia State Bar. On April 30, 2015, Malone was licensed to practice law in Texas.
In their argument, the court said Malone was licensed in Virginia on October 14, 1999 but was not in good standing and had been administratively suspended from practice in October 2010 and March 2011 and his license was forfeited in March of 2013.
In the packet provided by the Texas Supreme Court, Malone responded and deemed it an "unconstitutional order" by the court.
In his motion to vacate Malone listed 39 points to his arguments. Those included claims that the board of Law Examiners is all white and that the adjudication of his matter by an all-white panel followed by and all-white board was a violation of his equal protection and due process rights.
Malone also alleged that the case was brought up to the board by District Attorney Kevin Dutton who he claimed that was upset at him over issues Malone brought up about alleged plea deals Dutton was working out with defendants.
Dutton declined to comment on the matter until the case is taken up in court.