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Lawyer discipline
May 5, 2010
Lawyer Reposa, who made lewd gesture in court, gets probation from State Bar
Austin lawyer Adam Reposa, who was found in contempt of court for making a gesture simulating masturbation while standing before a Travis County judge in 2008, recently accepted a three-year probation of his law license, according to the State Bar of Texas.
Reposa, 35, whose nickname is listed as “Bulletproof” on the state bar website, remains eligible to practice law during his probation, which began March 1.
He was found in contempt of court for making the gesture before County Court-at-Law Judge Jan Breland on March 11, 2008, and in February he was ordered to serve a 90-day sentence with a combination of jail time, work release and in a sheriff’s department weekend work program.
The gesture is one of three reasons stated for Reposa’s discipline in the State Bar of Texas’ May memo on lawyer discipline.
In addition, according to the memo, “in representing a client before a tribunal, Reposa asked a question intended to degrade a witness and used means that had no substantial purpose other than to embarrass, delay, or burden a third person.”
The grievance panel also found that Reposa twice “made or sponsored a false or misleading communication about other lawyers’ qualifications or services and sent, delivered, or transmitted a written, audio, audiovisual, digital media, or other electronic communication to a prospective client for the purpose of obtaining professional employment that contained a false, fraudulent, misleading, deceptive, or unfair statement or claim,” according to the memorandum.
No further information was immediately available on those incidents.
Breland found Reposa in contempt of court soon after he made the gesture in 2008, a finding that Senior Judge Paul Davis, a retired judge assigned to hear the case, sustained after a two-day hearing later that year.
At that hearing, Breland testified that Reposa rolled his eyes and looked at her while making the gesture. He was standing before her bench at the time, next to his client and an assistant county attorney, during plea negotiations in a drunken driving case.
Reposa said the gesture was aimed at the prosecutor who he thought had been pressuring Reposa’s client to plead guilty.
This year, after Reposa unsuccessfully appealed the sentence, Davis softened his stance after several judges testified that Reposa had improved his courtroom conduct since 2008.
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February 26, 2010
Former defense lawyer avoids jail for forging judges' signatures
A former Travis County criminal defense lawyer was sentenced today to two years deferred adjudication, a form of probation, for forging judges’ signatures on court documents and possessing drugs.
Prosecutors had sought a year in jail for Bruce Garrison, who they argued at a sentencing hearing last year had also disseminated information about clients cooperating with police, a practice lawyers said could have led to violent retribution.
One former drug kingpin testified at a sentencing hearing last year that he had smoked methamphetamine with Garrison and had made a deal with the then lawyer in 2006: In exchange for drugs, Garrison would give Noe Perez information on the arrests of Perez’s associates and whether they were cooperating with police.
State District Judge Charlie Baird said at the close of that hearing, held in February 2009, that he could not decide whether Garrison deserved to be locked up. Baird continued the case for one year to see if Garrison could be successful on his pretrial release.
Garrison’s lawyer, Josh Saegert, said in a statement that Garrison has been successful in his recovery.
“Bruce became a lawyer to help people. He lost that opportunity when he succumbed to the disease of drug addiction,” Saegert’s statement said. “Bruce is not defeated. He is now using his experience to help others overcome their own drug addiction through his work as a program director at Mark Houston Recovery. “
Garrison, 39, had pleaded guilty to three counts of tampering with a governmental record and possession with intent to deliver a controlled substance, both felonies.
He resigned his law license in February 2009, according to the State Bar of Texas.
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February 3, 2010
Judge reduces lawyer's sentence for lewd gesture
UPDATE 3:07 PM
Senior state District Judge Paul Davis announced today that he would allow Austin lawyer Adam Reposa to serve part of his 90-day sentence for contempt of court in home confinement and part of it in a sheriff’s office weekend work program.
In 2008, Davis sentenced Reposa for making a gesture simulating masturbation while representing a DWI client in County Court-at-Law Judge Jan Breland’s court. The case was on appeal until the sentence and contempt finding were upheld last month.
“Mr. Reposa, I have heard some evidence to today that has caused me to have some hope… as to your ability to conduct yourself in court in an appropriate way,” Davis said.
He was referring to the testimony of four Travis County judges who said that Reposa has behaved professionally and has represented his clients well since he was found in contempt of court in March 2008.
Davis said that Reposa, who turned himself in to the Travis Couny Jail last night, would remain in jail until Feb. 12. At that point he would serve the rest of his sentence with home confinement during the week and in the sheriff’s work program, which subjects participants to a full day of manual labor, on weekends.
Reposa will be allowed to leave home to go to his office, to court to represent clients and to attend to the medical needs of his girlfriend, who is pregnant, and to his future child.
Davis ordered Reposa to wear an electronic monitoring anklet to ensure he does not violate those rules.
“Good luck to you,” Davis said.
EARLIER TODAY
Austin criminal defense lawyer Adam Reposa, who last night began serving a 90-day jail sentence for making a gesture simulating masturbation in court in 2008, sat quietly during a hearing Wednesday while a string of judges testified that his courtroom behavior has been stellar since he made the lewd gesture.
“I think that what he has done in the past… was terrible, abhorrent and degrading to the legal profession,” state District Judge Charlie Baird testified. “I would not be here, I promise you, if I didn’t think he had changed.”
Reposa’s lawyer, Todd Dudley, is asking senior state District Judge Paul Davis to allow Reposa, 35, to serve at least part of his sentence by participating in a sheriff’s office work program or in home confinement secured by electronic monitoring.
First Assistant Travis County Attorney Stephen Capelle argued that Davis does not have the legal authority to amend his sentence because it had already been upheld on appeal.
Davis said he would consider Capelle’s argument during lunch and continue the hearing at 1:30 p.m.
Reposa made the gesture while standing before County Court-at-Law Judge Jan Breland on March 11, 2008. Breland found Reposa in contempt of court, a finding Davis later upheld before issuing the 90-day sentence.
Breland testified during the hearing that Reposa rolled his eyes and looked at her while making the gesture. Reposa said the gesture was aimed at a prosecutor. They were discussing plea negotiations in a driving-while-intoxicated case
In October the Texas Court of Criminal appeals denied Reposa’s appeal of that sentence and contempt finding and refused his request for a re-hearing last month. Reposa turned himself in to the Travis Couty Jail shortly before midnight yesterday.
The 35-year-old lawyer was escorted into a courtroom in the Heman Marion Sweatt Travis County Courthouse with his legs chained and wearing a jail uniform. His hair in disarray, he did not address Davis during the morning part of the hearing.
Along with Baird, state District Judge Mike Lynch, County Court-at-Law Judge Carlos Barrera and County Court-at-Law Judge Mike Denton spoke favorably of Reposa’s recent behavior in court, as well as of his work on behalf of his clients.
It is extremely rare for sitting judges to testify in court as character witnesses. While Baird’s comments indicated he volunteered to come, the judges were issued subpoenas requiring their testimony. Lynch said outside court that judges may not testify unless under subpoena.
Lynch testified in court that Reposa has proven to be “energetic, bright, capable,” since the incident in Breland’s court.
Asked by Dudley whether a 90-day sentence was in the best interest of the community, Lynch said, “I don’t think that he’s a threat to the community… but that’s one aspect of what a sentence is designed to do.”
Barrera testified that he often considers allowing defendants to serve some of their jail sentences in home confinement while monitored by an electronic ankle bracelet. Denton said that before the contempt finding he had taken Reposa aside more than once to talk about his antics in court. Since then, he said, Reposa has acted professionally.
Denton said “without a doubt” Reposa is a talented lawyer. “He usually comes up with a pretty good result for his client,” Denton said.
Photo gallery: Adam Reposa at his court hearing
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October 28, 2009
Lawyer Reposa loses bid to overturn contempt finding
The Texas Court of Criminal Appeals today upheld a contempt of court finding and 90-day jail sentence for Austin lawyer Adam Reposa.
In his appeal, Reposa argued that the lewd gesture was not contemptuous behavior because it was directed at a prosecutor and not the judge, and also because the act did not disrupt the trial or interfere with the orderly administration of justice.
In an 8-1 opinion by Judge Paul Womack, however, the Court of Criminal Appeals ruled that “disrespect for the court has a long-established history” in contempt findings.
“Regardless of the fact that the gesture was not directed at Judge Breland, it nevertheless was a purposeful act of disrespect and an affront to the dignity of the court. As such, it rises to the level of criminal contempt,” Womack wrote.
Judge Lawrence Meyers dissented without elaboration.
The court also rejected Reposa’s arguments that the 90-day jail sentence was excessive and that the trial judge improperly considered allegations of misbehavior by Reposa that did not occur during the hearing in Breland’s court.
Texas courts have long held that a sentence that falls within established punishment ranges is not cruel and unusual under the U.S. Constitution, Womack wrote, adding: “His sentence of 90 days is in the middle of the range of punishment permitted by the contempt statute.”
The Court of Criminal Appeals also noted that judges are given broad discretion when considering outside acts of misconduct in contempt proceedings.
“The evidence presented at the contempt hearing demonstrated that (Reposa) had a history of misconduct,” the court opinion said. “Judge Breland testified that she had tried to correct the applicant’s behavior several times in the past by discussing his courtroom conduct with him, suggesting alternatives, giving him warnings, reprimanding him, and finally, expelling him from the courtroom.”
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July 3, 2008
Adam Reposa weighs in with Austin Legal
More than 50 people have left comments on yesterday’s Austin Legal post about Adam Reposa’s fight against the contempt finding and 90-day jail sentence he received for making a hand motion simulating masturbation in a Travis County court.
Today, Reposa weighed in with his own comment. Generally, Reposa’s take, which is re-published in its entirety below, matches the testimony he gave at a 2-day April hearing on the matter. Reposa, who is free while an appeals court considers his case, testified in April that when he made the gesture he was upset because his client wanted to plead guilty to driving while intoxicated in exchange for a sentence of time served. Reposa said he had been trying to talk his client out of pleading guilty because the client did not believe he was guilty and only wanted to get out of jail.
It was during discussions at the bench between County Court-at-Law Judge Jan Breland and Assistant County Attorney Bill Swaim about a possible plea that Reposa made the hand motion that got him in hot water. Reposa testified that it was directed at Swaim. Breland testified Reposa looked at her and rolled his eyes while he made the gesture.
Here’s what Reposa wrote today:
“I am sorry for all of the negative energy I have created, but I think there are several aspects of this case that Mr. Kreytak has failed to bring to the public eye. First of all my client was not guilty of DWI and did not receive any conviction for DWI as a result of my work. It may have been coarse and innapropriate, but I would not allow it to happen that my innocent client recieve an ENHANCEABLE conviction. That is the issue in the case. See in criminal law people with prior convictions get treated worse so lawyers who plead innocent people are lazy and in my humble opinion commit acts far worse than my gesture. Second, my client had the offer read to him several months prior and rejected the thirty day offer. This is recorded on the outside of the Court’s file. What happened at the bench was I told my client to plead guilty after jury selection if he insisted in pleading guilty and the judge told me to be quiet. A judge has no legal grounds to tell a lawyer not to counsel his client. Then as I was whispering in my client’s ear, the prosecutor said “let the record reflect that Mr. Reposa is whispering in his client’s ear.” Putting something on the record is designed to save it for appeal, but this was the prosecutor making a show for the judge and my client. So I gestured that he was “wasting my time” if you will. And that is roughly the same sentiment I have for all of those people who think I should be disbarred.”
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Read Adam Reposa's contempt appeal
Karyl Krug, one of the Austin lawyers representing fellow attorney Adam Reposa in his fight against a contempt of court finding and 90-day sentence, was nice enough to share the appeal that convinced the Texas Court of Criminal Appeals to take Reposa’s case.
The document is linked here.
Reposa in April was ordered to spend 90 days in jail for making a gesture simulating masturbation while representing a driving while intoxicated defendant in County Court-at-Law Judge Jan Breland’s court. Reposa said he made the gesture at a prosecutor in the case. Breland said Reposa looked at her and rolled his eyes while motioning with his right hand.
The appeal signed by Krug and lawyer Todd Dudley attacked, among other things, the procedures followed in the 2-day contempt hearing presided over by senior state District Judge Paul Davis. The appeal argues that Reposa’s due process rights were violated, that the evidence was insufficient, and that Reposa’s punishment was excessive.
Among the arguments were that the gesture was not sufficient to establish criminal contempt. “The gesture, which is the equivelent of speech, should be regarded like other offensive comments,” the appeal states, citing prior contempt cases as precedent. “Offensive comments, even those spoken in open court, are not contumacious unless they are disruptive or boisterous.”
Texas’ highest criminal court announced Wednesday it would grant Reposa’s request to file an application for writ of habeas corpus. Krug also filed a supplemental appeal, which the court will not consider.
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July 2, 2008
Top court to consider case of lawyer who simulated masturbation
The state’s highest criminal court announced today it would consider the case of an Austin lawyer found in contempt for making a hand motion simulating masturbation while facing a Travis County judge this year.
The Texas Court of Criminal Appeals granted Adam Reposa, at right, permission to file an appeal in the case and asked Reposa’s lawyers and those in the Travis County attorney’s office to file briefs by Aug. 4.
After a two-day hearing in April, senior state District Judge Paul Davis found Reposa in contempt and sentenced him to 90 days (story is here) in jail for making the gesture at County Court at Law Judge Jan Breland. The incident happened while Reposa was representing a driving while intoxicated defendant during plea bargain discussions at the bench.
While Breland testified during the hearing that Reposa rolled his eyes and looked at her while he made the gesture, Reposa testified that he aimed it at the prosecutors in the case.
After he spent about eight hours in jail, the Court of Criminal Appeals ordered Reposa released pending an appeal. The next day, Reposa told the American-Statesman: “If you look at contempt law, every case is the same - you lose at the trial court and you win on appeal. I am not going to do a minute of that time.”
Karyl Krug, one of Reposa’s lawyers, said she expected the court to allow the appeal to proceed “because of the uniquely bad way in which this hearing was handled.”
She said that prosecutors in the county attorney’s office, which represented Breland on the order of contempt, improperly included evidence of unrelated bad conduct by Reposa. During the hearing, prosecutors elicited testimony that Reposa had used inappropriate language while addressing prosecutors, that he had consented to vulgar advertisements of his law practice in free newspapers and that he had often been late to court settings.
Krug said the appeal is important because contempt hearings are unique and “the procedures or lack thereof used in this case need to be reviewed.
“I think the entire hearing was very unfair.”
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June 4, 2008
Austin lawyer who tried 2007 shaken baby murder case disbarred
David Aaron Pina, an Austin lawyer who has represented several criminal defendants who made headlines in recent years, was disbarred in February, the State Bar of Texas announced Wednesday.
Pina, 39, was found to have neglected two child custody cases and a criminal case, in all of which he failed to communicate with his clients.
In one of the child custody cases, Pina failed to reduce a court’s ruling to writing so that it would be enforceable, according to the bar association’s June journal. In the other child custody case, Pina failed to complete change of custody paperwork and allowed the case to be dismissed for want of prosecution, the association said.
In the criminal case, Pina did not keep his client informed about the status of the case and failed to return unearned fees at the conclusion of the case, the association said.
One of Pina’s previous clients was Derrick Gutierrez, who was sentenced to 18 years in prison last year in the 2005 shaking death of his 5-month-old son, Derrick Daniel Gutierrez Jr.
Gutierrez, 26, was convicted of injury to a child and found not guilty of capital murder. Pina told the jurors Gutierrez was a devoted father to his son, who was born prematurely. Pina is shown in the Statesman photo above consoling Gutierrez after the verdict.
Pina, who could not be reached for comment, was ordered to pay $5,888.74 in attorney’s fees and $6,500 in restitution.
The bar association also announced in its June bar journal that attorney Craig F. Sandling, 53, of Austin was put on probation for three years. Sandling was found by a grievance committee to have neglected a child custody and child support case, failed to keep the client informed and failed to withdraw from representation when discharged.
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