Defense attorneys file civil lawsuit against DA

Several defense attorneys have filed a civil lawsuit in federal court claiming that the Cameron County District Attorney and others in his office conspired to "black-ball" and "black-list" them.

The defense attorneys Moises M. Salas, Nat C. Perez, Jr., Angela P. Nix and Star Jones seek $20 million in damages from Cameron County District Attorney Armando Villalobos.

For his part and in a written statement, Villalobos said that the lawsuit that the attorneys filed against him Monday in the U.S. District Court in Brownsville is "worthless."

The attorneys filed the lawsuit against Villalobos, individually and in his official capacity, and his office, claiming that the DA instructed all assistant district attorneys and staff that neither probation nor plea bargains are to be made available to the clients of these defense attorneys.

The defense attorneys say that their names were placed on a "black list" at Villalobos’ direction to be distributed to every assistant district attorney, investigator and other employees in the DA’s Office, the lawsuit states.

The attorneys allege in the lawsuit that Villalobos is retaliating against them because they and the Cameron County Criminal Defense Lawyers Association filed a petition to intervene in the lawsuit that Villalobos filed against the county and its Civil Division in state district court in December, seeking control of the civil division. The state case is still pending.

The attorneys say in the federal lawsuit that they seek to intervene in the state case because they want to assure that the county’s Indigent Defense Program is funded at the same level that the DA’s Office is.

The lawsuit that the attorneys filed in federal court notes that the retaliation began after they sought to intervene in the state case on Feb. 17. The attorneys maintain that since that time, Villalobos and others have disparaged and defamed them and that they will be effectively put out of business, unable to practice criminal defense law in the county. They also maintain that they will be unable to make sufficient income to support their families and meet their financial obligations.

"As a direct consequence, I am now bound by the Texas Rules of Professional Conduct as well as my oath as an attorney to advise each of my clients who has a criminal case pending in Cameron County, Texas that I have been "black-balled" (by the DA’s Office) and I will be (unable) to secure them probation or a plea bargain of any kind," affidavits that Salas, Nix and Jones signed state. They also state, ". . . I am fearful and concerned for the safety and welfare of, among other things, myself, my family, my reputation, my business, and my business reputation."

Salas said Wednesday that "everything I said there is true, and can be supported by evidence."

Villalobos stated that his and his office’s position has not changed in the past five years.

"We will not be intimidated by threats, exaggerations, or untruths," said Villalobos. "The ability to interact with our office in a non-adversarial setting, which is what occurs when defense attorneys are invited into our office for discussions, will be limited to those who are not parties to a lawsuit against us."

"To ensure that there are no miscommunications, unnecessary delays or tense meetings, it is best that litigants conduct business in the manner that is acceptable and recommended — in the courtroom. Every defense attorney can (and many do) file the appropriate motions, get the appropriate rulings, and obtain the necessary information for their cases in the courtroom," Villalobos said in the written statement.

For now, the Commissioners Court’s Civil Division, which defends the county and county officers in lawsuits, continues separate from Villalobos’ office, pending resolution of Villalobos’ lawsuit in state district court.

Asked if the county will be providing Villalobos with a defense, Civil Division counsel Bruce Hodge — who Villalobos also sued in the state case – said Wednesday that he has not seen the lawsuit.

"I have received no instructions with respect as to who would be representing the district attorney," Hodge said