On October 1, 2019, a criminal defense lawyer practicing in Texas filed this lawsuit in the U.S. District Court for the Northern District of Texas. The plaintiff sued Tom Green County and its two elected District Attorneys under 42 U.S.C. § 1983. The plaintiff claimed violations of her First Amendment rights. In June 2018, plaintiff was serving as appellate counsel in a criminal case. In her arguments, plaintiff challenged the constitutionality of the plea bargain system on the grounds that convictions by plea bargains violated the jury-trial rights outlined in the Texas and United State Constitutions. The plaintiff alleged that in retaliation, the Tom Green County District Attorney's Office implemented a policy of refusing to enter into plea bargains with the plaintiff unless she signed an "Additional Admonishment" agreeing that her argument regarding the constitutionality of plea bargains was wrong. This policy forced the plaintiff to withdraw from her criminal-defense cases due to ethical reasons, leading to lost job opportunity. The plaintiff sought injunctive and compensatory damages.

The defendants moved to dismiss the complaint on January 3, 2020, asserting that the plaintiff had failed to support a claim for relief, because the "real party in interest" was Texas rather than Tom Greene County.

As of February 24, 2020, the case was ongoing.

Cedar Hobbs - 02/24/2020


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