Texas Judge Kicked Lawyer Off 14 Cases. Now Judge Is in the Hot Seat
The judge sua sponte appointed a different attorney for the defendant, but never entered a written order removing the original attorney, or allowing the lawyer to withdraw as defense counsel.
February 24, 2020 at 05:42 PM
3 minute read
A Texas judge is in the ethics hot seat after he removed a court-appointed defense attorney from several cases.
The State Commission on Judicial Conduct Monday issued a public warning against Judge Navarro Campbell Cox II, of the 145th Judicial District Court in Nacogdoches County.
The discipline stemmed from the judge's removal of attorney Clay Thomas, whom Cox had appointed as counsel for defendant John Paul Jones in September 2016.
It appears the case against Cox stemmed from a discussion between the attorney and judge before the first pretrial setting. At that time, the attorney said he'd already dedicated 10 hours to the case, and requested a psychiatric evaluation for the defendant.
But the judge was unconvinced.
"In his responses to the commission's inquiry, Judge Cox explained that he was concerned with the substance of Thomas's motion for psychiatric examination, and his perception of a 'nonchalant' reaction from Thomas regarding his concerns," the public warning states. "Judge Cox acknowledged that when Thomas told him how much time he had spent on the Jones case, he told Thomas that in 30 years of practicing law, he had never had an attorney '[s]pend 10 hours on a case prior to the first setting.' Judge Cox also stated that he told Thomas at that time that he was 'off the case.'"
The judge then sua sponte appointed a different attorney for the defendant, but never entered a written order removing Thomas, or allowing the lawyer to withdraw as defense counsel.
But Cox didn't stop there. He then removed Thomas from 13 cases before another jurist, Judge Edwin Klein.
"In each of the above-referenced cases, Judge Cox removed Thomas as defense counsel sua sponte, and Thomas was notified of such removal either verbally or through e-mail, by Judge Cox or his staff," the public warning states.
But the commission that disciplines judges found Cox crossed the line. It found the judge violated Canons 2A, 2B, 3B(2), 3B(4), 3B(5), 3B(8) and 3C(4) of the Texas Code of Judicial Conduct, as well as the Texas Constitution, when he instructed one of the defendants to "shop around" for another attorney to replace Thomas.
Thomas did not immediately respond to a request for comment.
|Read the full public warning:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllAdvising 'Capital-Intensive Spaces' Fuels Corporate Practice Growth For Haynes and Boone
4 minute readHomegrown Texas Law Firms Expanded Outside the Lone Star State in 2024 As Out-of-State Firms Moved In
5 minute readEnergy Lawyers Working in Texas Expect Strong Demand to Continue in 2025 Across Energy Sector
6 minute read'So Many Firms' Have Yet to Announce Associate Bonuses, Underlining Big Law's Uneven Approach
5 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250