In Re Vanessa Lynn Clark v. the State of Texas
CourtTexas Court of Appeals, 4th District (San Antonio)
Date FiledSeptember 23, 2026
Docket04-26-00656-CV
StatusPublished
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Full Opinion
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-26-00656-CV
IN RE Vanessa Lynn CLARK, Relator
Original Proceeding 1
PER CURIAM
Sitting: Lori Massey Brissette, Justice
Adrian A. Spears II, Justice
Velia J. Meza, Justice
Delivered and Filed: September 23, 2026
PETITION FOR WRIT OF MANDAMUS DENIED; MOTIONS FOR SANCTIONS,
DISQUALIFICATION, REFERRAL, AND TO STRIKE DENIED
On August 21, 2026, relator Vanessa Lynn Clark filed a petition for writ of mandamus. On
August 27, 2026, real party in interest, Austin Taylor Sutton, by his attorney, Christopher J. Weber,
also appearing in propria persona, filed a motion for sanctions under Texas Rule of Appellate
Procedure 52.11. See TEX. R. APP. P. 52.11. Thereafter, Clark filed a motion to disqualify Weber
as Sutton’s counsel, a motion requesting referral of counsel’s conduct to the office of chief
disciplinary counsel, and a motion to strike the exhibits to Sutton’s motion for sanctions. After
This proceeding arises out of Cause No. 19-041, styled In the Interest of E.J.S., a Child, in the 451st Judicial District
1
Court, Kendall County, Texas, the Honorable Kirsten Cohoon presiding.
04-26-00656-CV
considering the petition and the mandamus record, we conclude Clark is not entitled to the relief
sought. Accordingly, Clark’s petition for writ of mandamus is denied. See id. R. 52.8(a).
In their motion for sanctions, Sutton and Weber argue Clark’s petition for writ of
mandamus is groundless, frivolous, and part of an egregious, multi-year campaign of cross-
jurisdictional harassment targeting them. 2 The motion requests sanctions including but not limited
to: attorney’s fees incurred in preparing a response to the original proceeding; an order directing
the clerk of this court to reject all future notices, applications for writs of mandamus, or other
original proceedings filed by Clark arising out of the underlying cause and related causes;
termination of Clark’s ability to use the eFile system unless represented by counsel; and a criminal
referral to the Bexar County District Attorney’s office. The motion for sanctions and a later-filed
supplement include several email messages in which Clark insults and threatens Weber and his
family in vulgar and demeaning terms. In response to the motion for sanctions, Clark filed a cross-
motion for sanctions and a motion to disqualify Weber.
Under Texas Rule of Appellate Procedure 52.11, we may impose sanctions on a party who
is not acting in good faith as indicated by filing a petition that is clearly groundless. TEX. R. APP.
P. 52.11(a). We exercise the discretion afforded us by Rule 52.11 with caution and only after
careful deliberation. In re Lerma, 144 S.W.3d 21, 26 (Tex. App.—El Paso 2004, orig. proceeding).
The ethical rules require lawyers to demonstrate respect for the legal system and those who serve
it, including other lawyers. See TEX. DISCIPLINARY RULES PROF’L CONDUCT preamble 4. “Lawyers
should use the law’s procedures only for legitimate purposes and not to harass or intimidate
others.” Id. Though pro se litigants are not subject to the Texas Disciplinary Rules of Professional
2
Clark filed several cases in this court and the Texas Supreme Court arising out of Cause No. 19-041: 04-25-00340-
CV, 04-25-00803-CV, 04-26-00461-CV, and 25-0531. Relief has been denied in every proceeding. Additionally, the
record reveals Clark has initiated suits against Sutton and/or Weber in Kendall County, Bexar County, and the Western
District of Texas.
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04-26-00656-CV
Conduct, their demeanor and conduct should be measured by the same standard. See Gleason v.
Isbell, 145 S.W.3d 354, 357–58 (Tex. App.—Houston [14th Dist.] 2004, order) (citing Mansfield
State Bank v. Cohn, 573 S.W.2d 181, 184–85 (Tex. 1978) (stating that “[t]he right to self-
representation is not a license to abuse the dignity of the courtroom.”)).
Nonetheless, we are mindful that any sanctions must “bear a direct relationship to the
offensive conduct.” Twist v. McAllen Nat. Bank, 248 S.W.3d 351, 367 (Tex. App.—Corpus
Christi–Edinburg 2007, orig. proceeding). While we believe Clark’s emails are grossly
inappropriate as between a party and opposing counsel, we hesitate to apply Rule 52.11, which
focuses on Clark’s petition. Furthermore, a trial court may be better suited to address Sutton and
Weber’s requested relief. See TEX. CIV. PRAC. & REM. CODE §§ 11.001–.102 (providing
mechanism to restrict vexatious litigation by pro se individuals who abuse the legal system). We
caution Clark that should she file any “clearly groundless” petition, we may, on our own initiative,
impose just sanctions. See TEX. R. APP. P. 52.11(a).
Accordingly, we deny the motions for sanctions and Clark’s motion to disqualify Weber
as Sutton’s counsel, motion to refer Weber to the office of chief disciplinary counsel, and motion
to strike the exhibits to Sutton’s motion for sanctions.
PER CURIAM
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