Partially Probated Suspension For “Women’s Study”

A recent discipline case from the web page of the Texas State Bar

On May 20, 2016, Howard S. Jenkins Jr. [#10619550], 56, of Austin, accepted an 18-month partially probated suspension effective June 15, 2016, with the first three months actively suspended and the remainder probated. An evidentiary panel of the District 9 Grievance Committee found that Jenkins was court-appointed to represent a female client in a DWI criminal case. During the representation, he asked his client a series of inappropriate questions of a sexual nature, some of which were asked under the pretext that Jenkins was conducting a “women’s study.” In another matter, Jenkins was court-appointed to represent a female client in a criminal case. During that representation, Jenkins asked his client inappropriate questions of a sexual nature and made inappropriate sexual statements to her.

Jenkins violated Rule 1.06(b)(2) in each case. He was ordered to pay $500 in attorneys’ fees and direct expenses, to complete three additional hours of CLE in the area of client relations, and further agreed not to accept female client court appointments during the term of his probation.

In his dissent in Jones v. Barnes (a case I am sure many PR teachers use to teach the ethics of client autonomy), Justice Brennan notes the tension between appointed counsel and an indigent client

The Court subtly but unmistakably adopts a different conception of the defense lawyer’s role — he need do nothing beyond what the State, not his client, considers most important. In many ways, having a lawyer becomes one of the many indignities visited upon someone who has the ill fortune to run afoul of the criminal justice system.

I cannot accept the notion that lawyers are one of the punishments a person receives merely for being accused of a crime. 

The Justice likely did not have this particular form of indignity in mind.  (Mike Frisch)