In 2018, Jerome Godinich, a defense lawyer based in Houston, was paid over $409,000 by Harris County, Texas to represent indigent individuals in 604 cases. However, Godinich had a reputation for taking on more cases than he could handle, often exceeding state and federal guidelines. Despite this, judges continued to assign him cases, many of whom had received campaign donations from Godinich. One of the clients appointed to Godinich was a man named Michael Carter, who was held without bail on a DWI charge. According to a malpractice suit filed by Carter, Godinich never visited or worked on his case. As a result, Carter lost his truck, his credit, his ability to work, and his wife, who died during his incarceration.
Carter’s suit accuses Godinich of violating legal and professional standards, but Godinich, who has been licensed to practice law in Texas since 1987, has no public disciplinary history and did not respond to a request for comment. Carter’s arrest occurred on July 10, 2018, and he was charged with felony DWI. The suit claims that Carter was not driving nor intoxicated at the time of his arrest, but was sleeping in his car without the keys in the ignition. Initially, another lawyer was appointed to represent Carter, but he retired and Godinich took over the case. Throughout the three-year period that Godinich represented Carter, Carter only received four visits from members of Godinich’s team, but never from the lawyer himself. Despite repeatedly attempting to contact Godinich, Carter received no response and believes his calls were not answered due to the lawyer’s phone settings in jail.
Carter wrote letters to Godinich requesting an independent test of the blood sample taken during his arrest, but Godinich never shared any information about such a test. Carter also advised Godinich to contact potential witnesses and file motions, but none of these tasks were completed. Carter’s case was important as he was on parole at the time of his arrest and faced the possibility of returning to prison for an extended period if convicted. Carter attempted to advance the case on his own, filing motions and even seeking a replacement for Godinich. However, his case languished while he struggled in jail, losing his walking cane and experiencing additional fear and isolation due to the COVID-19 pandemic.
Finally, on February 15, 2022, after more than three-and-a-half years in jail, Carter explained to the judge that Godinich had never asked for his side of the story. When Carter provided details about the incident, including the absence of keys in the ignition and delays in blood testing, the case was dismissed. However, Carter was not informed of the dismissal by his own lawyer and only learned about it from the bailiff.
Despite representing Carter for three years, Godinich filed for payment for just eight out-of-court hours of work. Carter believes they only spoke about five times, always during court dates and never in a confidential setting. Carter’s attempts to obtain his case file have been ignored by Godinich and his colleagues.
Upon his release from jail, Carter discovered that he had lost everything. Falling behind on car, home, and credit card payments, Carter’s wife passed away during his incarceration, and he was not allowed to attend her funeral. He now lives with his sister due to financial constraints. The malpractice suit claims that Carter lost everything due to Godinich’s deficient representation.
The appointment of private lawyers, who are paid per case, is predominant in Harris County, Texas, despite the availability of a public defender’s office. Private lawyers often take on excessive caseloads to maximize their income. A 2020 study found that judges appoint more indigent cases to private lawyers who donate to judicial campaigns, suggesting a “pay to play” system. In contrast, the Harris County Public Defender’s Office has been found to outperform appointed attorneys with higher rates of dismissals, deferred sentences, and acquittals.
The appointment system in Harris County is particularly concerning for indigent defendants facing the death penalty, as the judge hand-picks the lawyer, who may be juggling numerous other cases. Godinich had an already high caseload when he was assigned to Carter’s case in 2018. Despite his previous missed filing deadlines, judges continued to assign him hundreds of indigent cases each year.
Carter’s case highlights the issue of inadequate representation for indigent individuals and the need for reform in the justice system.
Denial of responsibility! VigourTimes is an automatic aggregator of Global media. In each content, the hyperlink to the primary source is specified. All trademarks belong to their rightful owners, and all materials to their authors. For any complaint, please reach us at – [email protected]. We will take necessary action within 24 hours.
