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Local attorney disbarred
Published June 25, 2009
An attorney who repeatedly missed court hearings and was suspected at times of being under the influence when he did show up was disbarred on the grounds he mishandled a Brazoria County robbery case.
Shawn Roland Roberts, 39, who practiced law in Brazoria County, failed to properly inform client Vincent Goree Woodard about his aggravated robbery case and did not withdraw as Woodard’s attorney when Roberts was impaired, according to a judgment issued by the State Bar of Texas.
The judgment was issued May 22, but was not public information until 30 days passed, during which time the attorney can appeal, said Maureen Ray, special administrative counsel for the Office of the Chief Disciplinary Counsel.
Woodard, 24, was charged with beating and robbing an 85-year-old Holiday Lakes woman in her home and then stealing her truck in July 2007.
Roberts represented Woodard in the trial alongside attorney Shannon Baldwin. Woodard was convicted of aggravated robbery and sentenced to 50 years in prison.
The disbarment opinion states Roberts should have withdrawn as Woodard’s attorney because he was impaired and could not properly defend his client. The State Bar ordered him to pay Woodard’s mother $20,000. Roberts also must pay $9,486 in attorney’s fees to the State Bar of Texas.
An attorney can be disbarred in a district court or by the Texas Bar’s grievance committee after an investigation into misconduct. A disbarred attorney cannot practice law or act as attorney for a client. If they do, they could face a felony charge of falsely holding oneself out as a lawyer, which carries up to a 10-year-sentence upon conviction.
“Respondent failed to withdraw from representing Vincent Woodard when respondent’s physical, mental and/or psychological condition materially impaired respondent’s fitness to represent Vincent Woodard,” the opinion states.
The judgment does not state how Roberts was impaired.
But Brazoria County District Attorney Jeri Yenne said Roberts appeared to have reported to court several times under the influence of drugs. Two years ago, a judge had him arrested for contempt of court and ordered him to go through drug rehabilitation, she said.
Roberts also faces charges on misdemeanor driving while intoxicated, misdemeanor possession of a dangerous drug and felony possession of a controlled substance. He could receive two years in prison if convicted of the controlled substance charge.
Yenne said she filed a complaint about Roberts to the Texas Bar in March, after Roberts’ arrest, but discovered the bar already was investigating him.
“At the time of my complaint, they were investigating the matter related to Vincent Woodard,” Yenne said.
Yenne said she testified in May about the March 27 incident to the State Bar of Texas in Houston.
“It appeared that he was impaired in court,” Yenne said, referring to the March incident. “We moved to hold him in contempt.”
Later that morning, an Angleton police officer found Roberts slumped over in his car asleep in a parking lot in the 1000 block of North Loop 274, according to a probable cause affidavit. Police found several Oxcycontin pills in a tin in his jacket, the affidavit states.
Roberts has asked for another trial regarding the disbarment, but Ray said she did not know if a hearing has been set. If he loses a second trial, Roberts would have to wait five years to seek reinstatement, Ray said.
To be eligible for reinstatement, Roberts also must undergo frequent drug testing, join Narcotics Anonymous and document meetings he attends in the recovery program, the order states.
An attorney for Roberts could not be reached for comment Wednesday. Phone calls to Roberts’ office were not answered.
The State Bar of Texas does not show any past disciplinary actions against Roberts. But the judgment did state Roberts worked as an attorney while his license was on suspension for not timely paying his fees or attending required Continuing Legal Education.
There are a handful of clients in Brazoria County represented by Roberts, and their cases could be delayed while they find another attorney, Yenne said.
Clients who might appeal on the grounds Roberts was their attorney might not be successful, though, because most plea deals or trials would not proceed if judges determined he was impaired, Yenne said.
“We would make legitimate efforts that we were not dealing with an impaired person,” she said.
John Tompkins covers Brazoria County courts for The Facts. Contact him at (979) 849-8581.
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