Recently, an attorney in South Texas voluntarily resigned from the practice of law rather than face a disciplinary hearing alleging his criminal conduct violated the laws he was sworn to protect. The former lawyer plead guilty to bribing a Texas state district court judge to make favorable rulings in court. The attorney pleaded guilty to conspiracy to commit bribery, obstruction of justice, three counts of Travel Act violations, and three counts of federal-program bribery.

Bribing or attempting to bribe an official in any capacity is a bad idea. The gravity of the situation is exacerbated if a lawyer is bribing a judge. In this case, the Commission for Lawyer Discipline sought to disbar the convicted attorney, but since the individual voluntarily resigned his law license, he was spared the further embarrassment of disbarment. Instead, the Commission more innocuously reported that the compulsory disciplinary matter was resolved. The Texas Supreme Court accepted the resignation and the attorney is longer eligible to practice law.

This situation serves as a reminder of the possibilities, as remote as they may be, of what can happen behind closed doors. Judicial corruption is an unfortunate reality, but a reality nonetheless. We do not have to look solely at underdeveloped nations to find examples of this. As the case in South Texas shows, this happens in the United States, as well.

Judicial corruption is essentially the selling of legal decisions to someone offering and/or willing to pay the price. This transaction typically involves a judicial actor and the briber. Common judicial actors are judges, jury members, prosecutors, court clerks, and other lawyers. Other actors vulnerable to corruption are witnesses and non-parties. If key roles in the judicial process become corrupted, the probability of a fair and impartial ruling is compromised.

Judicial corruption strongly impacts cases because of the latitude of discretion that the judiciary is afforded. Judicial corruption is also difficult to detect because of its secretive and clandestine nature. However, armed with good counsel, a situation in which foul play is occurring is more likely to be detected. Counsel may be more familiar with the venue, its many actors, and their relationships. Counsel will also be in a better position to determine if certain conduct observed is improper. As part of its toolkit to assess a situation, counsel can perform research on judicial finances, court etiquette and procedure, and a judiciary’s ruling inclination. If needed, counsel can also hire a private investigator to probe into any wrongdoing.

The complete eradication of judicial corruption is probably an impossible task. However, the goal should be the promotion and upholding of judicial transparency, integrity, and impartiality. With the assistance of counsel, this goal can be furthered.

As instances of judicial corruption are fact intensive and differ on a case-by-case basis, we recommend retaining legal counsel to assess the situation to be able to better provide you advice. The attorneys in our Austin and Dallas offices are available to answer any questions you may have. You may email your questions to info@gstexlaw.com.

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