Sex for Legal Services? How a Texas Attorney Lost His Law License
James Keene of Stephenville resigned his law license this week rather than face attorney discipline over a criminal charge for third-degree felony prostitution. The indictment alleged he told a client, who was behind on her legal bills, that she had to have sex with him or he would stop representing her as an attorney and bondsman.
December 13, 2019 at 06:35 PM
3 minute read
A North Texas attorney charged with prostitution for allegedly offering his legal services in exchange for sex has resigned his law license.
The Texas Supreme Court accepted James W. Keene's resignation in lieu of discipline, which has the same legal impact as disbarment. Keene can't practice law or hold himself out as a lawyer for five years. Afterward, he's eligible to reapply for his law license.
The court documents in the resignation said that in April 2018, Keene "did knowingly offer to another person, for the purpose of engaging in sexual conduct with that person, an offer of a benefit being in the form of rendition of professional services." He was charged on April 4 with prostitution under Texas Penal Code §43.02.
The Commission for Lawyer Discipline alleged that Keene's conduct violated an attorney disciplinary rule that says a lawyer can't "commit a serious crime or commit any other criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects."
Keene submitted a motion to the Supreme Court on Dec. 3, asking to resign his law license, rather than facing discipline.
"In addition, applicant's health issues preclude him from practicing law," said the motion.
The Supreme Court deemed the allegations of professional misconduct by Keene established for all purposes, said a Dec. 10 order accepting Keene's resignation.
|Criminal case pending
Erath County Jail records show that Keene was booked May 14, 2018, for the offense of attempting or compelling prostitution. He was released May 18, 2018, on a $200,000 bond.
At the time, the Stephenville Empire-Tribune reported that the alleged victim reported to law enforcement that Keene on April 23, 2018, asked her to have sex with him to pay off her outstanding legal fees. She recorded her interaction with Keene, and said she felt threatened by him because he was in a position of power over her. The woman did not want sex with Keene. The paper reported that Keene was arrested at his office on May 14, 2018.
Nearly a year later, this April, a grand jury indicted Keene for criminal attempt—compelling prostitution, a third-degree felony, according to the indictment in Texas v. Keene. The indictment alleged that he intended to compel prostitution of a woman by threatening to stop her legal representation, and stop acting as her attorney and bondsman if she did not have sex with him.
Keene pleaded not guilty on April 16, court records show. The matter is still pending in Erath County's 266th District Court, where a senior judge has been assigned to the case.
Keene's criminal-defense attorney, Mark Daniel, a partner in Evans, Daniel, Moore, Evans, Biggs and Decker in Fort Worth, didn't immediately return a call or email seeking comment. Neither did Erath County District Attorney Alan Nash.
The State Bar of Texas profile for Keene said that he earned his law license from the University of Arkansas School of Law in Fayetteville in 1983. He was licensed in Texas in 1984. A telephone number listed on the profile was not operational.
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