Michael Roston

BIO

Michael Roston

The Huffington Post

Texas Legal Ethics Expert: Gonzales Likely Under Investigation By State Bar

September 18, 2007 07:18 AM


stumbleupon :Texas Legal Ethics Expert: Gonzales Likely Under Investigation By State Bar   digg: Texas Legal Ethics Expert: Gonzales Likely Under Investigation By State Bar   reddit: Texas Legal Ethics Expert: Gonzales Likely Under Investigation By State Bar   del.icio.us: Texas Legal Ethics Expert: Gonzales Likely Under Investigation By State Bar

The woman who literally wrote the book on legal ethics in Texas says it's likely that the Texas State Bar is probing the professional conduct of former Attorney General Alberto Gonzales.

"Given the publicity regarding the allegations concerning Mr. Gonzales, I would be surprised if the [Office of the Chief Disciplinary Counsel of the Texas State Bar] is not currently investigating a complaint," said Lillian Hardwick, co-author of the Handbook of Texas Lawyer and Judicial Ethics.

But the Disciplinary Counsel in Austin, which could mete out punishments up to disbarment, was unable to confirm or deny whether Gonzales was facing scrutiny from his home state's bar association.

"I'm not able to answer that question," Maureen Ray, the Special Administrative Counsel in the Texas State Bar's Office of the Chief Disciplinary Counsel, told the Huffington Post on Monday. "Our rules provide that while grievances are in an investigatory phase, up until anything is filed in district court or a public disciplinary sanction is issued, it's confidential."

Alberto Gonzales's tenure as President Bush's second attorney general officially ended Monday morning. Neither the White House nor the Justice Department disclosed his future plans.

With the nomination of retired judge Michael Mukasey, Bush seemed ready to move quickly away from the nine months of turbulence that Gonzales experienced. But congressional investigators have emphasized that Gonzales's exit will not end the scrutiny of tenure at the Justice Department.

"I look forward to the Inspector General's findings on the unprecedented firings of nine United States Attorneys, the improper political hiring of career officials within the Justice Department, the misuse of National Security Letters, and the efforts to bypass the Department's finding that a warrantless surveillance program was without legal basis," Sen Judiciary Chairman Patrick Leahy (D-VT) said three days after Gonzales announced his resignation. "The current Attorney General is leaving, but these questions remain."

While Gonzales's resignation from public life ends the prospect of further impeachment or 'no confidence' motions in Congress, the long-time Bush friend could still face professional sanctions in Texas.

"Is there enough evidence based on the US Attorneys investigation, perjury allegations on wiretapping, and obstruction of justice charges, to initiate an investigation?" asked Bob Bennett, a Houston-based attorney who recently ranked Gonzales as the 'worst prosecutor' in the nation at his blog 'Bad Prosecutors.' "There's no question. Would a reasonable person think that rules of professional conduct have been violated? That's the standard to initiate an investigation."

The Chief Disciplinary Counsel receives about 7,000 complaints a year, office spokesperson Ray explained, and declines to pursue around 2/3 of them. Under Texas State Bar rules, it also may initiate its own investigations when the office believes such a move is warranted. Once a complaint is accepted by the Counsel, the party in question has 30 days to issue a written response. After the response is received, the Counsel determines whether there is just cause to proceed, and allows the target of the investigation to choose whether the case will be heard in a district court, or by a local grievance committee. The proceedings become public immediately upon entering a district court, or once a public sanction is given. Sanctions include public and private reprimands, suspensions, and potentially disbarment.

Hardwick, who was recently awarded a Certificate of Merit by the Texas State Bar for her work revising the Texas Disciplinary Rules of Professional Conduct, pointed out that according to the State Bar's rules, Gonzales's senior government position meant that he assumed "legal responsibilities going beyond those of other citizens. A lawyer's abuse of public office can suggest an inability to fulfill the professional role of attorney."

She also said that if a complaint came before the Texas Bar, the Chief Disciplinary Counsel's office was likely to do its work in a professional manner.

"Our current Chief Disciplinary Counsel is John Neal, who spent 10 years with the Texas Attorney General as Division Chief, and is certified in Criminal Law by the Texas Board of Legal Specialization," she said in an e-mail. "I think he's especially qualified to scrutinize charges, factual findings, and disciplinary orders from another jurisdiction regarding the kinds of allegations made against Mr. Gonzales."

But Gonzales critic Bennett said he was skeptical that the process would get so far due to the political sensitivities.

"In this type of political situation, it's very doubtful they would initiate an investigation," Bennett said of the Chief Disciplinary Counsel's office. He also suggested that he did "not see movement afoot among Texas Democratic groups" to "further beat up on Al."

Still, Bennett acknowledged that the Texas State Bar's hand could be forced. The Justice Department's Office of Professional Responsibility and Inspector General are jointly investigating a number of matters relating to the attorney general's conduct, including allegations that he obstructed justice when he asked former aide Monica Goodling to share her recollections about the firing of the US Attorneys, as well as charges that he perjured himself during congressional testimony about the warrantless wiretapping program. Findings in those investigations could lead to moves in Texas against Gonzales.

"If it comes out that he suborned perjury or obstructed justice, something like that will change the landscape," Bennett concluded.

Comments for this post are now closed

 
Comments
39
Pending Comments
0
iPhone App Promo

Want to reply to a comment? Hint: Click "Reply" at the bottom of the comment; after being approved your comment will appear directly underneath the comment you replied to

View Comments:
Page: 1 2 Next › Last » (2 pages total)

It is good judgment that matters in the political arena rather than age.

    Favorite    Flag as abusive Posted 11:01 AM on 09/19/2007


It might be better if Texas became part of Mexico once again.

Adios amigos.

    Favorite    Flag as abusive Posted 10:58 AM on 09/19/2007

Geez, accountability, now there's a concept. Maybe we are waking up from our long national nightmare. Do I dare to dream that perhaps crimes against humanity might await Mssrs. Bush, Cheney and Rumsfeld and Ms. Rice. I certainly hope so.
I have held the view that America's virtue is its capacity for self-correction. Granted I hope it would have come in 2004 but I'll settle for 2008. And if we can bury this version of the Republican Party then so much the better. I am not arguing for a one-party state, as Rove did, but rather for a more balanced and reason-based parties. I am proud that Bernie Sanders serves Vermont as a Socialist and I wouldn't mind if Alaska sent a Libertarian but this GOP has run its course. Like the Whigs in the 1850s or the Do-Nothing Party also in the 1850s, this Republican party deserves to go into the trash.

    Favorite    Flag as abusive Posted 01:08 AM on 09/19/2007
photo

Foolish dreamer.

Keep it up, brother.

    Favorite    Flag as abusive Posted 01:52 AM on 09/19/2007

GET HIM ANY WAY YOU CAN !!! And deny him the freedoms he so easily stepped around. With the wide scope of "terrorists" 'enemy combatants" and 'insurgent', Gonzales should be able to fit one of those criminal profiles quite easily. Not to mention the abuse of power.

    Favorite    Flag as abusive Posted 08:41 PM on 09/18/2007

Disbarment? We can only hope but let's face it. The Republican machine will keep him safe. He might even get the Medal of Freedom from Dubya.

    Favorite    Flag as abusive Posted 07:26 PM on 09/18/2007

They have an Ethics Board in Texas? And they're going after Gonzales? Wow, I'm surprised and delighted. Things are looking up.

    Favorite    Flag as abusive Posted 07:19 PM on 09/18/2007

If he lied to Congress, he will be disciplined by the Texas State Bar.

    Favorite    Flag as abusive Posted 06:53 PM on 09/18/2007
photo

You know you're a crooked SOB when TEXAS wants to investigate an ethics charge!

    Favorite    Flag as abusive Posted 05:54 PM on 09/18/2007

Does Experience Matter? (Clinton and JFK didn't think so)

This Video Is Showing That Hillary is a hypocrite for saying obama has no experience, Obama can be president because two fmr presidents were
where he is right now, history proves experience makes an either worse president( nixon, bush, vp dick cheney, defense sec.rumsfeld)

http://www.youtube.com/watch?v=LBy3AKn_2Fk

    Favorite    Flag as abusive Posted 04:41 PM on 09/18/2007

EXPERIENCE MAY BE A CREDIT OR DEBIT... IT IS HOW THAT EXPERIENCE RADIATES... I DON'T THINK THAT OBAMA'S RADIATES POSITIVE...MY PERSONAL OPINION...

    Favorite    Flag as abusive Posted 05:26 PM on 09/18/2007

A whole lot of complaints were filed so the folks there have to pretend that they will do something about Gonzo. In a month or so it will blow away, like a Texas dust storm and be covered by a cow pie over the memory hole and a turd blossom will grow.

    Favorite    Flag as abusive Posted 03:58 PM on 09/18/2007

Not only disbarment but a full criminal trial should be initiated.

This man should have been impeached, so that Dubyah could not pardon him. No doubt that's what Dubyah will do, but the trial should proceed nonetheless.

Gonzales was "the Fixer."

    Favorite    Flag as abusive Posted 02:51 PM on 09/18/2007

While I have no faith in the impartiality of Texas anything, I'm guessing he is now under investigation. Because nothing screams "confirmed" like "unable to confirm or deny ".

    Favorite    Flag as abusive Posted 12:23 PM on 09/18/2007

Another liberal wet dream.

It's like watching that show about what would happen if a meteor hit the earth or a tsunami flooded the world or a volcano destroyed New York. And people get all anxious and excited and start making plans.

Then the show ends and they sit, stupefied, until until they realize nothing actually happened and they wet themselves for nothing.

Just like PuffPost. Next article, please.

    Favorite    Flag as abusive Posted 11:46 AM on 09/18/2007

I would rather dream of justice being applied to evil men than of concentration camps for Moslems.

But thanks for sharing your viewpoint.

    Favorite    Flag as abusive Posted 01:41 PM on 09/18/2007

Yep. Justice in Texas? "It's like watching that show about what would happen if a meteor hit the earth or a tsunami flooded the world or a volcano destroyed New York."

Except, unlike those other scenarios, it couldn't ever happen.

    Favorite    Flag as abusive Posted 06:29 PM on 09/18/2007

Good . . . he should be disbarred . .. . and then put in jail ... he is a disgrace!

    Favorite    Flag as abusive Posted 11:43 AM on 09/18/2007

IF The Texas bar acts, that would be a good thing. Texas needs to have something of theirs before us that doesn't smell like droppings behind a bush.

    Favorite    Flag as abusive Posted 11:21 AM on 09/18/2007
Page: 1 2 Next › Last » (2 pages total)
Comments are closed for this entry

You must be logged in to reply to this comment. Log in  or  Connect

 
Right Now on HuffPost
FROM RUSSIA WITH LOVE

MOSCOW — Presidents Barack Obama and Dmitry...

STANDOFF IN HONDURAS HEATS UPMilitary Blocks Ousted President Zelaya's Plane From...

(AP) TEGUCIGALPA, Honduras — Ousted President Manuel...