BEFORE THE EVIDENTIARY PANEL FOR STATE BAR DISTRICT NO. 8-6 STATE BAR OF TEXAS AGREED JUDGMENT OF PROBATED SUSPENSION. Parties and Appearance

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1 BEFORE THE EVIDENTIARY PANEL FOR STATE BAR DISTRICT NO. 8-6 STATE BAR OF TEXAS COMMISSION FOR LAWYER * DISCIPLINE, * Petitioner * * V. * * JANA L. HUNSICKER, * Respondent * AGREED JUDGMENT OF PROBATED SUSPENSION Parties and Appearance On this day, came to be heard the above styled and numbered cause. Petitioner and Respondent, Jana L. Hunsicker, Texas Bar Number , announce that an agreement has been reached on all matters including the imposition of a Probated Suspension. Jurisdiction and Venue The Evidentiary Panel 8-6 having been duly appointed to hear this complaint by the chair of the Grievance Committee for State Bar of Texas District 8, finds that it has jurisdiction over the parties and the subject matter of this action, and that venue is proper. Professional Misconduct The Evidentiary Panel, having considered the pleadings, admissions, stipulations and agreements of the parties, finds Respondent has committed Professional Misconduct as defined by Rule 1.06(W) of the Texas Rules of Disciplinary Procedure. Findings of Fact Petitioner and Respondent agree to the following findings of fact. Accordingly, the Evidentiary Panel finds: Page 1 of7

2 1. Respondent is an attorney licensed to practice law in Texas and is a member of the State Bar of Texas. 2. Respondent resides in and maintains her principal place of practice in Williamson County, Texas. 3. Respondent Jana Duty took office as the elected district attorney of Williamson County, Texas, on January 1, On or about May 9, 2013, Crispin Harmel was indicted in Williamson County for the offenses of capital murder, aggravated kidnapping, and aggravated robbery. Respondent is lead counsel for the State in the Harmel case. 4. Defense attorneys Ryan Deck and R. Scott Magee were hired to represent Mr. Harmel. An important aspect of the trial was the timeline of events that occurred on the night of the murder. The State provided the defense attorneys a copy of the DVD of the surveillance footage from the Wal-Mart where the kidnapping occurred. On several occasions in April of 2014, Mr. Deck asked Respondent for a "time-stamped" version of the DVD. In two separate s on April 13 and 14, 2014, Respondent represented to Mr. Deck that the DVD did not contain timestamps. However, the timestamps were embedded on the DVD and required proprietary software and a particular player to display the timestamps. Trial began on April 29, On the sixth day of trial, the State used what is known as a March Networks player to play the DVD for the jury, which showed the timestamps. The defense objected that their case had been severely impaired because they had based their trial strategy on a certain timeline of events that the timestamp DVD contradicted. The trial court granted a mistrial. In his later Findings of Fact and Conclusions of Law, the judge made certain findings concerning the time stamp issue. The judge found that Respondent "affirmatively stated to the Defense that a time-stamped copy of the video did not exist and did not correct that statement when she learned otherwise." The judge also found that Respondent "was aware of, and watched, the Walmart surveillance video with timestamps prior to trial but did not disclose this fact to the Defense." Respondent disputed the correctness of those findings, and the State contended that the timestamps were inculpatory, not exculpatory, of Defendant Harmel. 5. On March 20, 2015, at a status hearing before the re-trial of the case, the State requested a gag order. The court instructed the parties not to have any conversations or discussions with the media about the case. Again on March 31, 2015, the court told the parties that no one should talk to the media about the case for any reason, including any posts on Facebook or any other social media outlets. On April 8, 2015, the court confirmed for the third time in open court that a gag order was in place. On April 9, 2015, the court signed a written gag order prohibiting "communica[tions] with the press/media regarding this case or publicly commenting on this case during the pendency of the proceedings." Page 2 of 7

6. On May 6, 2015, Respondent sent an email to the trial judge informing him that she intended to make statements to the Austin American Statesman defending her actions in the case.

3 6. On May 6, 2015, Respondent sent an to the trial judge informing him that she intended to make statements to the Austin American Statesman defending her actions in the case. Thereafter, in violation of the oral and written gag orders, Respondent made statements about the case to the Austin American Statesman which were published in an article on May 7, During the afternoon of May 7, 2015, in a series of s to Respondent and defense counsel, the judge wrote, "I was trying to schedule everyone to come to court on Monday, May 11th, however it is my understanding that Ms. Duty will be out of town on Monday... I want to meet with all counsel tomorrow. I can be available at any time... Please meet in my courtroom at 10:30 am." Respondent did not appear before the court the next morning, but she did send two attorneys from her office to represent the State during the meeting. Respondent later explained in an to the judge that she felt he had not respected her and therefore she would not respect him by showing up. She went on to say, "If you feel I need to be reprimanded for communicating with The Statesman, I understand. But making a public spectacle out of punishing me just hurts everyone. No one will come out unscathed." 7. The defense filed an Application for Pre-Trial Writ of Habeas Corpus. The trial court held a hearing with live testimony and, on September 11, 2015, entered findings of fact and conclusions of law. On September 17, 2015, Respondent filed Objections to Judge's Findings of Fact and Conclusions of Law wherein she stated that the judge had improperly sealed his divorce case to protect his political career. She further stated: "[The judge] testified under oath, on August 6, 2015, when he was subject to the penalties of perjury, that the defense attorney's had in fact been given all of the evidence, they just did not know how to use the evidence. Then, when [the judge] felt he was no longer subject to the penalties of perjury, and two weeks before his friend announced that he is going to run against Ms. Duty, [the judge] cranked out 25 pages of Findings saying now, that Ms. Duty did in fact withhold the evidence from the defense attorneys. This is a blatant lie. If [the judge] refuses to correct these lies, Ms. Duty will have no choice but to seek sanctions against him with the Commission on Judicial Conduct. These lies also raise the question of whether or not these lies rise to the level of Aggravated Perjury. This will be investigated as well." 8. The Chief Disciplinary Counsel of the State Bar of Texas has incurred reasonable attorneys' fees and direct expenses associated with this Disciplinary Proceeding in the amount of $3, Page 3 of7

4 Conclusions of Law Petitioner and Respondent agree that, based on the foregoing findings of fact, the following Texas Disciplinary Rules of Professional Conduct have been violated. Accordingly, the Evidentiary Panel concludes that the following Texas Disciplinary Rules of Professional Conduct have been violated: 4.01 (a), 3.04(d), 8.02(a), 8.04(a)(3). Sanction It is AGREED and ORDERED that the sanction of a Probated Suspension shall be imposed against Respondent in accordance with the Texas Rules of Disciplinary Procedure. Accordingly, it is ORDERED, ADJUDGED and DECREED that Respondent be suspended from the practice of law for a period of eighteen (18) months, with the suspension being fully probated pursuant to the terms stated below. The period of probated suspension shall begin on June 1, 2016 and shall end on November 30, Terms of Probation It is further ORDERED that during all periods of suspension, Respondent shall be under the following terms and conditions: 1. Respondent shall not violate any term of this judgment. 2. Respondent shall not engage in professional misconduct as defined by Rule 1.06(W) of the Texas Rules of Disciplinary Procedure. 3. Respondent shall not violate any state or federal criminal statutes. 4. Respondent shall keep State Bar of Texas membership department notified of current mailing, residence and business addresses and telephone numbers. 5. Respondent shall comply with Minimum Continuing Legal Education requirements. 6. Respondent shall comply with Interest on Lawyers Trust Account (IOLTA) requirements. 7. Respondent shall promptly respond to any request for information from the Chief Disciplinary Counsel in connection with any investigation of any allegations of professional misconduct. Agreed Judgment of Fullv Probated Suspension Page4of7

5 8. In addition to complying with the Minimum Continuing Legal Education (MCLE) requirements of the State Bar of Texas, Respondent shall complete six (6) hours additional hours of continuing legal education in the area of Ethics. These additional hours of CLE are to be completed by September 1, Within ten (10) days of the completion of these additional CLE hours, Respondent shall verify completion of the course to the State Bar of Texas, via USPS: Office of the CDC, State Bar of Texas, P.O. Box 12487, Austin, TX ; or via Delivery: Office of the CDC, State Bar of Texas, 1414 Colorado St., Suite 200, Austin, TX Respondent shall make contact with the Chief Disciplinary Counsel's Offices' Compliance Monitor at , ext and Special Programs Coordinator at , ext. 1323, not later than seven (7) days after receipt of a copy of this judgment to coordinate Respondent's compliance. Probation Revocation Upon information that Respondent has violated a term of this judgment, the Chief Disciplinary Counsel may, in addition to all other remedies available, file a motion to revoke probation pursuant to Rule 2.23 of the Texas Rules of Disciplinary Procedure with the Board of Disciplinary Appeals ("BODA") and serve a copy of the motion on Respondent pursuant to Tex.R.Civ.P. 21a. BODA shall conduct an evidentiary hearing. At the hearing, BODA shall determine by a preponderance of the evidence whether Respondent has violated any term of this Judgment. If BODA finds grounds for revocation, BODA shall enter an order revoking probation and placing Respondent on active suspension from the date of such revocation order. Respondent shall not be given credit for any term of probation served prior to revocation. It is further ORDERED that any conduct on the part of Respondent which serves as the basis for a motion to revoke probation may also be brought as independent grounds for discipline as allowed under the Texas Disciplinary Rules of Professional Conduct and Texas Rules of Disciplinary Procedure. CF6 15A Page 5 of7

6 Attorney's Fees and Expenses It is further ORDERED Respondent shall pay all reasonable and necessary attorney's fees and direct expenses to the State Bar of Texas in the amount of $3, The payment of attorney's fees and direct expenses shall be made by certified or cashier's check or money order and made payable to the State Bar of Texas. The payment shall be submitted to the State Bar of Texas, Chief Disciplinary Counsel's Office, P.O. Box 12487, Austin, TX (1414 Colorado St., Austin, TX 78701) on or before the date this judgment is presented to the Evidentiary Panel for execution. It is further ORDERED that all amounts ordered herein are due to the misconduct of Respondent, are assessed as a part of the sanction in accordance with Rule 1.06(Z) of the Texas Rules of Disciplinary Procedure. Any amount not paid shall accrue interest at the maximum legal rate per annum until paid and the State Bar of Texas shall have all writs and other post-judgment remedies against Respondent in order to collect all unpaid amounts. Publication This suspension shall be made a matter of record and appropriately published in accordance with the Texas Rules of Disciplinary Procedure. Other Relief All requested relief not expressly granted herein is expressly DENIED. SIGNED this _l_ day of ~ '2016. EVIDENTIARY PANEL 8-6 DISTRICT NO. 8 STATE BAR OF TEXAS Page 6 of7

7 Savan roud District 8-6 Presiding Member AGREED AS TO BOTH FORM AND SUBSTANCE: ~ "Ii.' ai1,,a.,,:fh io,~-</\j Jana L/J Hunsicker State gar No Respondent Rebecca (Beth) S~ vens State Bar No Counsel for Petitioner Charles Herring, Jr. State Bar No Counsel for Respondent CF6 15A Page 7 of7

BEFORE THE DISTRICT 6 GRIEVANCE COMMITTEE EVIDENTIARY PANEL 6-1 STATE BAR OF TEXAS JUDGMENT OF FULLY PROBATED SUSPENSION. Parties and Appearance

COMMISSION FOR LAWYER DISCIPLINE, Petitioner BEFORE THE DISTRICT 6 GRIEVANCE COMMITTEE EVIDENTIARY PANEL 6-1 STATE BAR OF TEXAS v. XAVIER DURAN, Respondent CASE NO. 201603436 JUDGMENT OF FULLY PROBATED