Judge Frank Montalvo did not have the jurisdiction to prevent an El Paso lawyer from representing three clients who have been named by the government as possible targets in the public corruption investigation, the Fifth Circuit Court of Appeals in New Orleans ruled Wednesday.
The opinion held that while the Fifth Circuit understood Montalvo's "laudable concern about potential conflicts of interest in an ongoing criminal investigation," there was no legal authority to keep Mary Stillinger from representing former Ysleta School Board Trustee Milton “Mickey” Duntley, El Paso School Board Trustee Charles Roark, and former NCED Chief Operating Officer Ernie Lopez.
The decision was "unpublished," a designation that tends to lessen its authority as a precedent. [decision]
The ruling noted that "Appellants have not been charged with a crime, nor have grand jury proceedings been initiated against them, nor have they been called to appear as grand-jury witnesses."
That meant that any "alleged potential conflict of interest existed only in the context of an ongoing criminal investigation monitored and supervised by the FBI, which is independent and separate from any proceeding occurring before the district court," stated the ruling.
"Accordingly, the district court’s inherent authority was an improper basis to assert jurisdiction over the Government’s Motion to Disqualify."
The court further noted that there is a procedure to address ethics complaints against lawyers.
"Both the State Bar of Texas and the Western District of Texas have grievance procedures whereby an attorney can be charged with unethical conduct and appropriate proceedings under the applicable rules can transpire," the ruling stated.
The decision came more than a year after Montalvo initially disqualified Stillinger. [july 27, 2007 background]
It came about a month after the court heard oral arguments in the case. [transcript]
NPT was unable to get comment from the U.S. Attorney's office.
Stillinger said the ruling was an important step in affirming the rights of defendants to choose their counsel, and for lawyers to be free of improper interference from the government.
She noted that she did not argue the point whether there was a conflict -- "Not because I think there is a conflict" -- but what she called "the more fundamental issue" of jurisdiction.
"I would say that he (the judge) doesn’t have a role in even having an opinion about whom can represent whom when the case is not yet in his court," Stillinger said.
"There is probably a sigh of relief going through many defense attorneys and clients in El Paso because there are plenty of other lawyers I think in my position, representing more than one person who may be involved with this investigation," she said
"It just so happens I was the one they chose to challenge."
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