The State Bar of Texas has dismissed a bar complaint filed against local attorney Gaven Norris stating the allegations made by Odessan Tim Harry did not “demonstrate professional misconduct.”
Norris is the civil rights activist who filed a lawsuit against the City of Odessa because Mayor Javier Joven failed to allow residents to speak out before the council voted 5-2 on Dec. 13 to fire City Manager Michael Marrero and City Attorney Natasha Brooks.
Norris claimed Joven violated residents’ rights and the council voted to fire the pair again during a specially scheduled meeting on Jan. 9.
Around that time, there were several Facebook exchanges between Odessa Development Corporation Chairman Kris Crow, Norris, a person going by the name of Josiah Vargas and Tim Harry about the lawsuit.
On Jan. 4, Harry wrote the following statement about Norris on Facebook: “He has also left clients in a lurch with no representation in the courtroom after being held in contempt over his temper.”
Norris said that wasn’t true and sent Harry a “cease and desist letter.”
Norris said Harry’s comment was based on the following post made by Norris on Facebook:
“I argued my clients constitutional rights under the law. I was held in contempt and the bailiff was ordered to remove me from the courtroom while the hearing took place without me.”
In the end however, Norris filed an emergency appeal and the judge ruled on his client’s behalf. The judge also found “no written order of civil or direct contempt was filed into the record of this court, no penalty or punishment of civil or direct contempt was assessed or filed into the record of this court.”
Harry responded to the cease and desist letter by filing a bar complaint against Norris on Feb. 7.
In his complaint, Harry wrote: “The attorney in question is representing his interests in a lawsuit against the city of odessa. I am a private citizen and have called out numerous false claims this attorney has made. As a response he has posted my address on social media and sent a cease and desist letter. He also threatened litigation over social media as well.”
He further wrote Norris is using the legal system “as a threat and intimidation in his quest to silence his political foes.”
In addition, Harry alleged Norris once threatened to send him a cease and desist letter for “advising a friend that asked for opinions on a lawyer that he was not a good attorney for their case.”
Harry said “threatening legal action on someone who is not a lawyer using an expensive and complicated legal system is unethical.”
Reached Thursday, Norris described Harry as a “key board warrior” who likes to bully people online.
“If Tim Harry doesn’t correct, amend, or reform his lie as requested in the cease and desist, then I intend to file a defamation law suit against him. Tim is entitled to his own opinion, but not his own facts. He cannot simply lie about me and get away with it,” Norris said.
Harry, who has a right to appeal the decision, declined to comment.
