Tiffany Lewis’s life will never be the same now that she’s pled guilty to taking client money — lots of client money — in a probate case … but we’re not too sure how ashamed she is just yet ….

On September 15, 2009, former judge Tiffany Lewis pled guilty just as testimony was about to start.

Must have been dramatic earlier this month, there in the courtroom, with the jury of 12 chosen and empaneled, the pre-trial motions all done and the lawyers having just finished their openings. That’s because just before testimony began, Tiffany Lewis decided to take a plea. 

Tiffany Lewis knows all about courtroom procedure and trial tactics … she was both a Dallas prosecutor and a member of the criminal defense bar before taking the bench as a Tarrant County Municipal Court Judge.  She knew how to pick her moment. 

Former Judge Lewis pled guilty to a felony charge of misapplication of fiduciary funds, which is punishable by up to 10 years in prison and a $10,000 fine. (She’s alleged to have taken around $70,000).  She was sentenced to 60 days in jail and 10 years probation.  (The State Bar of Texas already ordered her to payback the money that was taken.)

Courtroom Dramatics and Trial Judge’s Warning to Lewis

This was bittersweet for the prosecutors, since they’d spend countless hours tediously going through all the paperwork necessary to prove up a money case like this. Opting for a plea there in the courtroom battlefield isn’t a happy occasion for a criminal defense trial lawyer, either, in most instances (though we’ve got no info on how Lewis’ attorneys felt that day).

The Judge was apparently very displeased with Tiffany Lewis. Visiting judge David Cleveland told his former fellow jurist that she cannot represent herself as an attorney — because since she’s not a lawyer anymore, having been disbarred by the State Bar of Texas back in 2005.  According to those in the courtroom that day, Judge Cleveland also told Lewis that “someone put their trust in you, and you should hang your head in shame.”  Then he sent her off to jail. 

Shame?  Shame Indeed.  Tiffany Lewis has made her mark in Dallas history.

Perhaps you’ve heard of the ”Tiffany Lewis Clause.”  This was a change made to the Dallas City Charter all because of Tiffany Lewis.  Seems she refused to resign from her job as a municipal court judge even after she had lost her law license and was no longer legally an attorney.  Not only did the State Bar of Texas disbar Tiffany Lewis, but they ordered her to payback her clients $58,225, plus 5 percent interest accrued since August 2003.  That’s a lot of moola. 

In the face of this public denunciation, Judge Lewis still wouldn’t quit the bench, and there wasn’t anything in the charter to force her to do so.  (Hence the “Tiffany Lewis Clause.”)  Let’s consider the shame quotient here. 

Shame?  Not then.  When she was disbarred and sitting on the bench, Judge Lewis denied that she did anything wrong – someone else “close to her” had stolen the cash.  Her position was the State Bar was being too tough on her, and she sat there on the bench, making legal rulings in the face of the disbarment and not caring about the appearance this gave to the legal profession, the judiciary, or the system of justice as a whole. 

In 60 days, Tiffany Lewis will be out of jail.  She’s probably gonna have a happy Christmas dinner with her family.  You gotta wonder if she’ll get it by then … what all she’s  done wrong here.

The Honorable Jerry Buchmeyer died this week in a San Marcos nursing home at the age of 76, after serving the bench for over 30 years.  Considered by many to be a liberal judge, with landmark decisions involving both public housing and redistricting in this state, he achieved even more notoriety for his now famous sense of humor. 

His blog, Say What?!, technically made Judge Buchmeyer one of the first ”blawggers” in our state, and certainly, one of the first jurists to become a blogger.   The posts themselves are repeats of his beloved column in the Texas Bar Journal, entitled “et cetera,” where each month lawyers, judges, and others involved in the legal profession could get a good chuckle from the Judge’s selection of real-life courtroom (and deposition) humor.   Here’s an example of what Judge Buchmeyer gave us:

November 1996 – Did They Really Say That?

From John H. Spurgin, II of Austin (McGinnis, Lochridge & Kilgore), this excerpt from his deposition of the plaintiff in a wrongful discharge case:

Q. Did Rusty White ever attack your person? Did he ever assault you?

A. Well, he used profound (sic) language towards me.

Q. You say he used “profound language”?

A. Uh-huh.

Judge Buchmeyer will be noted in our legal history books as the jurist responsible for the desegregation of public housing; his rejection of single-member districts (which caused statewide redistricting); and last but not least, as the judge who struck down Texas’ anti-sodomy law.  Still, many of us practicing law will remember him with gratitude for the laugh he guaranteed us every month — and in the law, laughter is always welcome and usually needed.

Our condolences to the family and friends of Judge Jerry Buchmeyer.  And our thanks to a treasured jurist. 

A memorial service for Judge Buchmeyer will be held October 2, 2009, at the Belo Mansion here in Dallas.  Memorials in his name may be made to the Judge Buchmeyer Scholarship Fund at the University of Texas School of Law, 727 E. Dean Keaton Street, Austin, Texas, 78705.

While they are waiting for Judge Berchelmann’s findings in the Justice Keller matter, the Texas Commission on Judicial Conduct isn’t taking a holiday … yesterday they suspended a Houston judge, with pay….

Houston Criminal County Court at Law Judge Donald Jackson Suspended with Pay, Already Under Indictment

The Judicial Commission has stopped Judge Jackson from taking the bench, but he’s still able to get his $140,000/year salary.  Meanwhile, the Houston Grand Jury has already heard evidence and an indictment has been issued against 59 year old Judge Donald Jackson, for the misdemeanor charge of official oppression. 

If he’s found guilty, Judge Jackson faces up to one year in jail and a fine of up to $4,000.  And, assumedly, the Commission might stop his salary at that point. 

What Did Judge Jackson Allegedly Do?

According to the Indictment, last February this criminal judge had before him a drunk driving case with a young, female defendant.  Allegedly, the judge “… offered to get the complainant a different attorney to get her case dismissed if she would be interested in the defendant [that's the judge, he's a "defendant" in the indictment language] and enter into a relationship with him that was more than a one night stand.” 

There’s more to the story, of course.  The Indictment also alleges that Judge Jackson made “unwelcome sexual advances,” as well as a “request for sexual favors, ” and engaged in “verbal conduct of a sexual nature.”

Are we asking too much to think that Judges should know better?

County Court at Law Judge Donald Jackson has presided over Harris County Court at Law No. 3 for SEVENTEEN years.  And, last February when all this purportedly took place, we had federal judge Samuel Kent facing his own sexual misconduct charges with the continuation of his January trial being all over the Houston media, much less the rest of the country.  

Did Judge Jackson not read the papers?  Did he never hear of avoiding even the “appearance of impropriety”?  Why was he even talking with a drunk driving defendant?  What’s going on here with the Houston-area judiciary? 

Kent’s serving time, let’s see what happens to Jackson as his case proceeds….

As we all know, Kent ended up circumventing a full trial and he’s serving time now.  We’ll see what happens to Judge Jackson.  Maybe he’s innocent.