Friday, January 15, 2016

Cruz "Birther" Suit Attorney Suspended From Practice?

It appears that the attorney who filed the so-called "birther" lawsuit "in pro se" against Texas Senator Ted Cruz, Newton B. Schwartz, Sr., has some ethical and legal issues of his own.  

In documents obtained from the Supreme Court of Pennsylvania court system, an attorney by the same name was "suspended on consent" from practice in 2015 by the State of Pennsylvania for  "engaging in the unauthorized practice of law" in the state of Louisiana - a state where he was not licensed to practice.

The documents also refers to Mr. Schwartz's age (at the time, he was 84 years old) and that he was also licensed to practice law in Texas out of the same Houston office.  

According to Rule 8.05(a) of the Texas Disciplinary Rules of Professional Conduct, "In addition to being answerable for his or her conduct occurring in this state, any such lawyer also may be disciplined in this state for conduct occurring in another jurisdiction or resulting in lawyer discipline in another jurisdiction, if it is professional misconduct under Rule 8.04."

According to Rule 8.04 of the Texas Disciplinary Rules of Professional Conduct, a lawyer shall not, among other things "engage in conduct involving dishonesty, fraud, deceit or misrepresentation", such as engaging in the unauthorized practice of law in another jurisdiction, may result in discipline. 



  1. Correct. However, TX law is written so that he "may" be suspended from practice should it come to the attention of the TX government that his license was suspended in another jurisdiction.


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